`
`Harel, Shahar (CIV)
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Attachments:
`
`
`
`TrackingTracking:
`
`Harel, Shahar (CIV)
`Thursday, January 13, 2022 5:07 PM
`gorourke@okorlaw.com; Bolden, Scott (CIV); Kuan, Nelson (CIV)
`'Sean O'Kelly'; 'Laura Carrig'
`RE: [EXTERNAL] e-Numerate v United States - Joint Motion To Amend Claim
`Construction Order
`2022.1.13 Joint Motion To Amend Order Governing Claim Construction Proceedings
`USJan13.docx
`
`Recipient
`
`gorourke@okorlaw.com
`
`Bolden, Scott (CIV)
`
`Kuan, Nelson (CIV)
`
`'Sean O'Kelly'
`
`'Laura Carrig'
`
`Read
`
`Read: 1/13/2022 5:09 PM
`
`Read: 1/13/2022 5:07 PM
`
`Jerry,
`
`Thank you for sending this over. However, as previously expressed, we believe that e-Numerate should reduce the
`number of asserted claims and disputed claims terms to a reasonable number. Given that the default order allows no
`more than 12 disputed terms for a case with 5 or more patents, we will not oppose a motion to brief 15 terms provided
`e-Numerate reduces the number of asserted claims to no more than 60. If e-Numerate is insisting on more asserted
`claims and disputed terms (with respect to Defendant’s proposed constructions), you may file a motion seeking leave to
`do so and indicate our opposition.
`
`In terms of the page limits we can join in a motion with e-Numerate that the parties may use a common appendix that
`includes the list of terms with both sides’ proposed constructions without any attorney argument as shown in the
`attached. However, given that you have refused to provide this chart we cannot join in with respect to any
`representations as to the length of this appendix. Since you appear to already have this appendix prepared please
`provide it to us before filing this motion so that we can confirm it is accurate. Given that this appendix will not contain
`attorney argument and will be included with the briefs, we fail to understand your concern regarding waiving privilege.
`
`Regards,
`Shahar
`
`From: gorourke@okorlaw.com <gorourke@okorlaw.com>
`Sent: Wednesday, January 12, 2022 4:47 PM
`To: Harel, Shahar (CIV) <Shahar.Harel@usdoj.gov>; Bolden, Scott (CIV) <Scott.Bolden@usdoj.gov>; Kuan, Nelson (CIV)
`<Nelson.Kuan@usdoj.gov>
`Cc: 'Sean O'Kelly' <sokelly@okorlaw.com>; 'Laura Carrig' <lcarrig@okorlaw.com>
`Subject: [EXTERNAL] e-Numerate v United States - Joint Motion To Amend Claim Construction Order
`
`Shahar,
`
`Please see the attached joint motion and kindly let us have your comments. We will need a current signature block for
`the DOJ team to include it.
`
`
`1
`
`
`
`Case 1:19-cv-00859-RTH Document 69-10 Filed 01/21/22 Page 2 of 2
`
`If you believe a telephone call would be productive, please let us know. Thanks.
`
`Very truly yours,
`
`Jerry
`
`Gerard M. O'Rourke, Esq.
`O’Kelly & O'Rourke, LLC
`824 N. Market Street, Suite 1001A
`Wilmington, DE 19801
`Phone: (302) 778-4000
`Direct: (302) 778-4002
`Facsimile: (302) 295-2873
`gorourke@okorlaw.com
`
`
`
`2
`
`
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