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`IN THE UNITED STATES COURT OF FEDERAL CLAIMS
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`E-NUMERATE SOLUTIONS, INC. and
`E-NUMERATE, LLC,
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`THE UNITED STATES,
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`Plaintiffs,
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`v.
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`Defendant.
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`No. 19-859 C
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`Judge Lydia Kay Griggsby
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`JOINT MOTION FOR AN ENLARGEMENT OF TIME OF THE BRIEFING
`SCHEDULE FOR DEFENDANT’S MOTION TO DISMISS
`PURSUANT TO RCFC 12(b)(6) AND 35 U.S.C. § 101
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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 for an enlargement of
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`time for e-Numerate to file its Answering Brief on the Government’s Motion to Dismiss pursuant
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`to Rule 12(b)(6) of the Rules of the Court of Federal Claims and 35 U.S.C. § 101 and for the
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`Government to file its Reply Brief on said motion. Specifically, the parties jointly request: (1)
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`that e-Numerate’s Answering Brief be due on December 20, 2019; and (2) that the Government’s
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`Reply Brief be due on January 24, 2020. This is the first request by the parties for an extension
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`of the response and reply deadlines for this motion. The grounds for this motion are as follows.
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`E-Numerate filed this suit on June 11, 2019 (D.I. 1) accusing the Government of
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`infringing seven patents. E-Numerate asserted a total of 77 claims in those patents in its
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`Complaint. The Government requested an enlargement of 60 days to move, answer or otherwise
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`respond to the Complaint on a variety of grounds. See D.I. 5. E-Numerate did not oppose this
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`request. See D.I. 6. As a result, the Government was effectively given 120 days to prepare its
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`Motion to Dismiss after the filing of the Complaint.
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`1
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`Case 1:19-cv-00859-RTH Document 9 Filed 11/04/19 Page 2 of 3
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`E-Numerate’s Response Brief is presently due on November 8, 2019 absent an
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`enlargement. This is four weeks from the date the Government filed its motion to dismiss the
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`Complaint in its entirety. E-Numerate’s Request seeks an additional 42 days to prepare its
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`Answering Brief. This enlargement is roughly commensurate with the additional time the
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`Government was granted to prepare its Motion to Dismiss beyond the original due date for its
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`response to the Complaint.
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`E-Numerate’s Request is additionally supported on the grounds that the issues involved
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`in the Government’s motion are complex in that there are seven patents-in-suit and a total of 77
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`presently asserted claims that have different claim language. Each patent must be addressed in
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`response to the Government’s motion.
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`E-Numerate is amenable to enlarging the deadline for the Government’s Reply Brief until
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`January 24, 2020. If e-Numerate’s response brief is filed on December 20, 2019, the
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`Government’s reply brief would be due on January 3, 2020, absent an enlargement. Thus, if the
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`Court extends the response brief deadline, the parties jointly request that the Court also extend
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`the reply brief deadline by 21 days, to January 24, 2020. The reason for this enlargement is to
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`avoid the Government’s time for replying to Plaintiffs’ response largely running during year-end
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`holidays.
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`Granting this enlargement does not prejudice either party. There is no Scheduling Order
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`in place and formal discovery has not yet commenced.
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`For the above reasons, e-Numerate and the Government respectfully request that this
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`motion be granted and that the briefing schedule on the Government’s Motion To Dismiss be
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`enlarged as follows: (1) e-Numerate’s Answering Brief is due on December 20, 2019; and (2)
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`the Government’s Reply Brief is due on January 24, 2020.
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`2
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`Case 1:19-cv-00859-RTH Document 9 Filed 11/04/19 Page 3 of 3
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`Dated: November 4, 2019
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`November 4, 2019
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`Of Counsel:
`SHAHAR HAREL
`Department of Justice
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`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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`O’KELLY ERNST & JOYCE, LLC
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`/s/Sean T. O’Kelly
`Sean T. O’Kelly
`901 N. Market Street, Suite 1000
`Wilmington, Delaware 19801
`(302) 778-4000
`(302) 295-2873 (facsimile)
`sokelly@oelegal.com
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`and
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`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
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`Attorneys for Plaintiffs e-Numerate
`Solutions, Inc. and e-Numerate LLC
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`JOSEPH H. HUNT
`Assistant Attorney General
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`GARY L. HAUSKEN
`Director
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`s/Scott Bolden
`SCOTT BOLDEN
`Deputy Director
`Commercial Litigation Branch
`Civil Division
`Department of Justice
`Washington, DC 20530
`Email:
`Scott.Bolden@USDOJ.gov
`Telephone:
`(202) 307-0262
`Facsimile:
`(202) 307-0345
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`COUNSEL FOR THE UNITED STATES OF
`AMERICA
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`3
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