`
`IN THE UNITED STATES COURT OF FEDERAL CLAIMS
`
`E-NUMERATE SOLUTIONS, INC. and E-
`NUMERATE, LLC,
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`v.
`
`
`
`
`
`
`
`
`No. 19-859 C
`Judge Ryan T. Holte
`
`
`THE UNITED STATES OF AMERICA,
`
`
`
`
`Defendant.
`
`
`
`
`
`
`
`
`DEFENDANT’S DISCLOSURE OF EXTRINSIC EVIDENCE
`
`Pursuant to the Court’s November 9, 2021 Order (Dkt. No. 64), the United States (“the
`
`Government”) identifies the following extrinsic evidence which it may rely upon in support of its
`
`proposed constructions for the asserted claims. Copies of the following are being served as part
`
`of this exchange or were previously produced.
`
`Technical References
`
`1) IEEE 100 The Authoritative Dictionary of IEEE Standards Terms, Seventh Edition,
`
`Standards Information Network IEEE Press, 2000.
`
`2) Microsoft Computer Dictionary, Fourth Edition, Microsoft Corporation, 1999.
`
`3) XML Bible, Elliotte Rusty Harold, IDG Books Worldwide, 1999.1
`
`4) XML Handbook, The, Charles F. Goldfarb and Paul Prescod, Prentice Hall, 1998.2
`
`Patents and Patent Applications
`
`5) U.S. Patent Application No. 09/728935
`
`
`1 This reference may also constitute intrinsic evidence based on Patentee incorporating it by
`reference within the Patents-in-Suit.
`2 Plaintiffs are directed to the pervious production of this reference.
`
`1
`
`
`
`Case 1:19-cv-00859-RTH Document 69-4 Filed 01/21/22 Page 2 of 4
`
`6) U.S. Patent Application No. 60/219796
`
`7) U.S. Patent No. 5,940,822
`
`8) U.S. Patent No. 6,859,217
`
`Declaration
`
`9) Declaration of Dr. David Martin dated December 3, 2021
`
`Defendant reserves the right to further rely on prior art which it identified and produced in
`
`its Preliminary Disclosure of Invalidity Contentions served on July 6, 2021 and Supplemental
`
`Preliminary Disclosure of Invalidity Contentions served on July 26, 2021, and any of the extrinsic
`
`evidence identified by Plaintiffs to rebut any arguments that Plaintiffs may assert.
`
`
`
`2
`
`
`
`Case 1:19-cv-00859-RTH Document 69-4 Filed 01/21/22 Page 3 of 4
`
`
`
`
`
`
`
`
`
`Of Counsel:
`SCOTT BOLDEN
`NELSON KUAN
`U.S. Department of Justice
`
`
`
`
`
`
`
`
`
`Date: December 3, 2021
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`BRIAN M. BOYNTON
`Acting Assistant Attorney General
`
`GARY L. HAUSKEN
`Director
`
`s/ Shahar Harel
`SHAHAR HAREL
`Trial Attorney
`Intellectual Property Section
`Commercial Litigation Branch
`Civil Division
`U.S. Department of Justice
`Washington, DC 20530
`Shahar.Harel@usdoj.gov
`Tel: (202) 305-3075
`Fax: (202) 307-0345
`
`Attorneys for the Defendant,
`the United States of America.
`
`
`
`
`
`
`
`Case 1:19-cv-00859-RTH Document 69-4 Filed 01/21/22 Page 4 of 4
`
`CERTIFICATE OF SERVICE
`
`I certify that a true copy of the foregoing was sent by e-mail this 3rd day of December 2021
`
`to:
`
`
`
`
`
`
`
`Of Counsel:
`SCOTT BOLDEN
`NELSON KUAN
`U.S. Department of Justice
`
`
`
`
`
`
`
`
`
`Date: December 3, 2021
`
`
`
`
`
`Sean T. O’Kelly
`Gerard M. O'Rourke
`O’KELLY & O’ROURKE, LLC
`824 N. Market Street, Suite 1001A
`Wilmington, DE 19801
`302-778-4000
`sokelly@okorlaw.com
`gorourke@okorlaw.com
`
`
`
`
`
`s/ Shahar Harel
`SHAHAR HAREL
`Trial Attorney
`Intellectual Property Section
`Commercial Litigation Branch
`Civil Division
`U.S. Department of Justice
`Washington, DC 20530
`Shahar.Harel@usdoj.gov
`Tel: (202) 305-3075
`Fax: (202) 307-0345
`
`Attorney for the Defendant,
`the United States of America.
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
