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`Case 1:19-cv-00859-RTH Document 80-1 Filed 03/14/22 Page 1 of 3
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`IN THE UNITED STATES COURT OF FEDERAL CLAIMS
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`E-NUMERATE SOLUTIONS, INC. and
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`E-NUMERATE, LLC,
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`C.A. No. 19-859-RTH
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`Plaintiffs,
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`v.
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`THE UNITED STATES OF AMERICA,
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`Defendant.
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`DECLARATION OF GERARD M. O’ROURKE, ESQ. IN SUPPORT OF APPENDIX IN
`SUPPORT OF PLAINTIFFS’ OPENING CLAIM CONSTRUCTION BRIEFS
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`I, Gerard M. O’Rourke, hereby declare as follows:
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`1. I am an attorney with the law firm O’Kelly & O’Rourke, LLC, attorneys for Plaintiffs
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`in this action, e-Numerate Solutions, Inc. and e-Numerate, LLC.
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`2. Included as Exhibit A within the Appendix attached hereto is a true and correct copy
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`of e-Numerate v. United States - Table of Agreed-Upon Terms
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`3. Included as Exhibit B within the Appendix attached hereto is a true and correct copy
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`of Chart with Competing Constructions.
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`4. Included as Exhibit C within the Appendix attached hereto is a true and correct copy
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`of US Patent 7,650,355B1.
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`5. Included as Exhibit D within the Appendix attached hereto is a true and correct copy
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`of US Patent 8,185,816B2.
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`6. Included as Exhibit E within the Appendix attached hereto is a true and correct copy of
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`1
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`Case 1:19-cv-00859-RTH Document 80-1 Filed 03/14/22 Page 2 of 3
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`US Patent 9,262,383B2.
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`7. Included as Exhibit F within the Appendix attached hereto is a true and correct copy of
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`US Patent 9,262,384B2.
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`8. Included as Exhibit G within the Appendix attached hereto is a true and correct copy
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`of US Patent 9,268,748B2.
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`9. Included as Exhibit H within the Appendix attached hereto is a true and correct copy
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`of US Patent 9,600,842B2.
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`10. Included as Exhibit I within the Appendix attached hereto is a true and correct copy of
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`US Patent 10,223,337B2.
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`11. Included as Exhibit J within the Appendix attached hereto is a true and correct copy of
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`US Patent 10,423,708B2.
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`12. Included as Exhibit K within the Appendix attached hereto is a true and correct copy
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`of techterms.com Definition of “Markup Language”.
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`13. Included as Exhibit L within the Appendix attached hereto is a true and correct copy of
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`Microsoft Computer Dictionary Fourth Edition cover pages, and page 126.
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`14. Included as Exhibit M within the Appendix attached hereto is a true and correct copy
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`of the Declaration of David Martin.
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`15. Included as Exhibit N within the Appendix attached hereto is a true and correct copy
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`of the Supplemental Declaration of David Martin.
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`16. Included as Exhibit O within the Appendix attached hereto is a true and correct copy
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`of the Declaration of Michael Smith.
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`2
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`Case 1:19-cv-00859-RTH Document 80-1 Filed 03/14/22 Page 3 of 3
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`I declare under the penalty of perjury under the laws of the United States of America that
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`the foregoing is true and correct to the best of my knowledge.
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`Dated: March 14, 2022
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`/s/ Gerard M. O’Rourke
`Gerard M. O’Rourke
`O’Kelly & O’Rourke, LLC
`824 N. Market Street, Suite 1001A
`Wilmington, DE 19801
`302-778-4000
`gorourke@okorlaw.com
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`3
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