Free Motion for Leave to Exceed Page Limit - District Court of Federal Claims - federal

Case 1:05-cv-01075-TCW

Document 40

Filed 11/06/2006

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

SEVENSON ENVIRONMENTAL SERVICES, INC., Plaintiff, v. THE UNITED STATES Defendant.

) ) ) ) ) ) ) No. 05-1075C ) Judge Thomas C. Wheeler ) ) Electronically Filed on November 6, 2006 ) )

THE GOVERNMENT'S UNOPPOSED MOTION TO ENLARGE THE PAGE LIMIT APPLICABLE TO THE GOVERNMENT'S OPENING CLAIM CONSTRUCTION BRIEF Pursuant to Rule 5.2(b)(1) of the Rules of the United States Court of Federal Claims, initial briefs or memorandum shall not exceed forty (40) pages. The Government respectfully requests that a thirty (30) page enlargement of this limit be granted. Counsel for the parties have discussed the instant motion, and plaintiff has indicated it will not oppose the motion. The Government has made every effort to comply with Rule 5.2(b)(1). There are a large number of claims that require construction by this Court. As a result, the Government cannot adequately address all of the terms at issue within the 40-page limit. Sevenson has asserted infringement of five patents and 77 claims, each containing several claim terms which must be discussed individually. The Government requests an additional thirty (30) pages in order to fully and fairly treat all of the claims asserted by Sevenson. For the above reasons, the Government respectfully requests that the Court grant this unopposed motion.

Case 1:05-cv-01075-TCW

Document 40

Filed 11/06/2006

Page 2 of 2

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JOHN J. FARGO Director

s/ Marcy Cook ______________________________ MARCY E. COOK Attorney Civil Division U.S. Department of Justice Washington, D. C. 20530 Telephone: (202) 307-0459 Facsimile: (202) 307-0345 Dated: November 6, 2006 Attorneys for the United States

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