`
`IN THE UNITED STATES COURT OF FEDERAL CLAIMS
`
`Plaintiffs,
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`C.A. No. 19-859-RTH
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`
`
`
`E-NUMERATE SOLUTIONS, INC. and
`E-NUMERATE, LLC,
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`THE UNITED STATES OF AMERICA,
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`Defendant.
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`
`JOINT MOTION TO EXTEND CERTAIN DEADLINES
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`
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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 modify the deadlines
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`in this matter and several dates relating to the initial disclosures set forth in the Patent Rules of the
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`Court of Federal Claims (“PRCFC”). Specifically, the parties respectfully request that the Court
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`extend the deadlines as follows:
`
`Event
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`Current Deadline
`
`Proposed Deadline
`
`Plaintiffs to Serve Updated
`Preliminary Infringement
`Contentions
`Government Serves
`Preliminary Invalidity
`Contentions Pursuant to
`PRCFC 6
`Government Serves
`Documents Related to
`Preliminary Invalidity
`Contentions Pursuant to
`PRCFC 7(a)
`
`N/A
`
`February 26, 2021
`
`February 17, 2021
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`March 26, 20211
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`February 19, 2021
`
`Unchanged
`
`
`1 If, after receiving Plaintiffs’ Updated Preliminary Infringement Contentions of February 26, 2021, Defendant
`requires additional time to serve its Preliminary Invalidity Contentions (and associated documents under PRCFC
`7(b)), Plaintiff agrees that Defendant may request additional time up to four weeks for this milestone, and Plaintiffs
`will not unreasonably withhold consent.
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`
`
`1
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`
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`Case 1:19-cv-00859-RTH Document 42 Filed 02/16/21 Page 2 of 4
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`February 19, 2021
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`March 26, 2021
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`Government Serves
`Documents Related to
`Preliminary Invalidity
`Contentions Pursuant to
`PRCFC 7(b)
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`
`
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`The parties request the extension of these dates for the following reasons. Over the
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`course of the past two months, Defendant has reviewed preliminary infringement contentions
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`served by Plaintiffs and related correspondence and engaged in discussions with Plaintiffs
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`regarding those contentions. Among the issues discussed were Defendant’s allegations regarding
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`the adequacy of Plaintiffs’ contentions and that Plaintiffs included assertions of infringement
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`against Government agencies other than the Securities and Exchange Commission (“SEC”) in
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`their infringement contentions. In order to minimize motion practice and streamline issues
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`before the Court relating to those disclosures, the parties agreed that Plaintiffs may serve updated
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`preliminary infringement contentions and that Defendant may serve its preliminary invalidity
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`contentions as indicated herein. The parties further agreed that Plaintiffs would provide a
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`proposed amended Complaint for the Government’s review that, inter alia, may add
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`infringement allegations against additional government agencies besides the SEC. The parties
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`are not requesting these adjustments for reason of delay and no party will be prejudiced.
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`In light of the foregoing, the parties jointly seek a telephonic status conference by early
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`March or at the Court’s convenience regarding the need for modification to upcoming claim
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`construction deadlines and potential amendment of the Complaint to add infringement
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`allegations against additional government agencies.
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`2
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`Case 1:19-cv-00859-RTH Document 42 Filed 02/16/21 Page 3 of 4
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`
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`Dated: February 16, 2021
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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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`
`3
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`
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`Case 1:19-cv-00859-RTH Document 42 Filed 02/16/21 Page 4 of 4
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`
`
`Of Counsel:
`SCOTT BOLDEN
`NELSON KUAN
`Department of Justice
`
`ELIZABETH MCFADDEN
`Deputy General Counsel
`GEORGE C. BROWN
`Assistant General Counsel
`Office of the General Counsel
`U.S. Securities and Exchange
`Commission
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`Respectfully submitted,
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`BRIAN M. BOYNTON
`Acting Assistant Attorney General
`
`GARY L. HAUSKEN
`Director
`
`s/Shahar Harel
`SHAHAR HAREL
`Commercial Litigation Branch
`Civil Division
`Department of Justice
`Washington, DC 20530
`Shahar.Harel@udsoj.gov
`Email:
`Telephone:
`(202) 305-3075
`Facsimile:
`(202) 307-0345
`
`COUNSEL FOR THE UNITED STATES OF
`AMERICA
`
`4
`
`
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