`
`IN THE UNITED STATES COURT OF FEDERAL CLAIMS
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`Plaintiffs,
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`v.
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`E-NUMERATE SOLUTIONS, INC. and
`E-NUMERATE, LLC,
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`
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`
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`THE UNITED STATES OF AMERICA,
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`C.A. No. 19-859-RTH
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`
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`
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`Defendant.
`
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`JOINT MOTION FOR LEAVE TO AMEND THE COMPLAINT AND TO
`EXTEND DEFENDANT’S DEADLINE FOR ANSWERING
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`Plaintiffs e-Numerate Solutions, Inc. and e-Numerate, LLC (collectively “e-Numerate”)
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`and Defendant United States (“the Government”) jointly move this Court to permit Plaintiffs to
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`assert various independent claims of United States Patent 7,650,355 (“the ‘355 patent”),
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`8,185,816 (“the ‘816 patent”), 9,262,383 (“the ‘383 patent”), and 9,268,748 (“the ‘748 patent”).
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`All of these patents are presently asserted in this litigation. Upon the granting of this motion, the
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`parties respectfully request that the Government have three (3) weeks to file its Answer from the
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`date the amended pleading is filed.
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`
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`The parties are in receipt of the Court’s decision of August 7, 2020 denying the
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`Government’s motion to dismiss pursuant to CFC Rule 12(b)(6) and 35 U.S.C. § 101. The
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`parties conferred about the decision and this proposed amendment to permit Plaintiffs to assert
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`the claims that were the subject of a now-dismissed Inter Partes Review (“IPR”). Specifically,
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`the additional claims that will be asserted are:
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`1. The ‘355 patent – claims 1, 27, 28 and 54;
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`2. The ‘816 patent – claims 1, 10, 17, 26 and 27;
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`1
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`Case 1:19-cv-00859-RTH Document 29 Filed 08/19/20 Page 2 of 3
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`3. The ‘383 patent – claims 1, 17 and 18; and
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`4. The ‘748 patent – claims 1, 11 and 19.
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`A proposed redlined Amended Complaint is attached hereto as Exhibit A.
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`
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`In light of Plaintiffs’ proposed modifications, the Government does not oppose this
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`Amendment. Further, the Government agrees that it will respond to the Amended Complaint by
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`filing an Answer. However, in light of the Government’s operative deadline to answer the
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`present Complaint by August 21, it will file its Answer on that date if the Court does not rule on
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`the present Motion by the morning of August 21. In return, Plaintiffs are willing to extend the
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`Government’s time to Answer the Amended Complaint to three (3) weeks from its filing.
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`Dated: August 19, 2020
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`Respectfully submitted,
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`O’KELLY & ERNST, LLC
`
`/s/ Sean T. O’Kelly
`Sean T. O’Kelly
`824 N. Market Street, Suite 1001A
`Wilmington, Delaware 19801
`Tel.: (302) 778-4000
`Fax: (302) 295-2873
`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
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`2
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`Case 1:19-cv-00859-RTH Document 29 Filed 08/19/20 Page 3 of 3
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`Of Counsel:
`SCOTT BOLDEN
`Department of Justice
`
`RICHARD M. HUMES
`Associate General Counsel
`GEORGE C. BROWN
`Assistant General Counsel
`NELSON KUAN
`Senior Counsel
`Office of the General Counsel
`U.S. Securities and Exchange
`Commission
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`Respectfully submitted,
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`ETHAN P. DAVIS
`Acting Assistant Attorney General
`
`GARY L. HAUSKEN
`Director
`
`/s/ Shahar Harel
`SHAHAR HAREL
`Trial Attorney
`Commercial Litigation Branch
`Civil Division
`Department of Justice
`Washington, DC 20530
`Email:
`Shahar.Harel@USDOJ.gov
`Telephone:
`(202) 305-3075
`Facsimile:
`(202) 307-0345
`
`COUNSEL FOR THE UNITED STATES OF
`AMERICA
`
`3
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`
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