`
`IN THE UNITED STATES COURT OF FEDERAL CLAIMS
`
`Plaintiffs,
`
`
`
`v.
`
`
`E-NUMERATE SOLUTIONS, INC. and
`E-NUMERATE, LLC,
`
`
`
`
`
`THE UNITED STATES,
`
`
`
`
`
`
`
`
`
`
`
`
`No. 19-859 C
`
`Judge Ryan T. Holte
`
`
`
`Defendant.
`
`
`UNOPPOSED MOTION TO INCREASE THE PAGE LIMIT ON PLAINTIFFS’
`OPPOSITION BRIEF TO THE UNITED STATES’ MOTION TO DISMISS PURSUANT
`TO RCFC 12(b)(6) AND 35 U.S.C. § 101
`
`
`
`
`
`Plaintiffs e-Numerate Solutions, Inc. and e-Numerate, LLC (collectively “e-Numerate”)
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`hereby files this unopposed motion to increase the page limit set forth in CFC Rule 5.4(b)(1) on
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`its brief in opposition to the United States’ (“the Government’s”) motion to dismiss by ten (10)
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`additional pages. In support of this motion, e-Numerate states as follows:
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`WHEREAS the Complaint asserts infringement of seven (7) United States Patents;
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`WHEREAS the Government has moved to dismiss the Complaint pursuant to 35 U.S.C. §
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`101 and CFC Rule 12(b)(6);
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`WHEREAS CFC Rule 5.4(b)(1) sets a page limit on e-Numerate’s brief of forty (40)
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`pages;
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`WHEREAS several of the independent claims in the patents-in-suit are lengthy and
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`consume significant amounts of the pages in the brief;
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`WHEREAS the issues are complex and e-Numerate’s discussion of same would benefit
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`from an additional ten (10) pages; and
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`
`
`1
`
`
`
`Case 1:19-cv-00859-RTH Document 13 Filed 12/16/19 Page 2 of 2
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`WHEREAS e-Numerate conferred with the Government about this request and the
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`Government does not oppose the relief sought.
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`WHEREFORE e-Numerate respectfully requests that the Court grant e-Numerate an
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`additional ten (10) pages on its brief in opposition to the Government’s motion to dismiss.
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`
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`Dated: December 16, 2019
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`
`
`
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`
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`Respectfully submitted,
`
`O’KELLY & ERNST, LLC
`
`/s/Sean T. O’Kelly
`Sean T. O’Kelly
`824 N. Market Street, Suite 1001A
`Wilmington, Delaware 19801
`(302) 778-4000
`(302) 295-2873 (facsimile)
`sokelly@oelegal.com
`
`and
`
`O’ROURKE LAW OFFICE, LLC
`Gerard M. O'Rourke
`1201 N. Orange Street
`Suite 7260
`Wilmington, DE 19801-1186
`(484) 770-8046
`gorourke@orourkefirm.com
`
`Attorneys for Plaintiffs e-Numerate
`Solutions, Inc. and e-Numerate LLC
`
`
`
`2
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`
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