Datatreasury Corporation v. Wells Fargo & Company et al
Filing
263
MOTION to Sever (Motion of Defendants The Bank of New York Company Incorporated, The Bank of New York, UnionBanCal Corporation, and Union Bank of California, National Association to Sever and Stay the Claims Relating to the Ballard Patents Pending Reexamination of the Ballard Patents) by The Bank of New York, The Bank of New York Co, Inc., Unionbancal Corporation, Union Bank of California National Association. (Attachments: #1 Text of Proposed Order)(Ainsworth, Jennifer)
Datatreasury Corporation v. Wells Fargo & Company et al
Doc. 263 Att. 1
Case 2:06-cv-00072-DF-CMC
Document 263
Filed 09/28/2006
Page 1 of 2
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATATREASURY CORPORATION, Plaintiff, v. WELLS FARGO & COMPANY, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ORDER Pending before this Court is the Motion of Defendants The Bank of New York Company Incorporated ("BNYC"), The Bank of New York ("BNY"), UnionBanCal Corporation ("UnionBanCal"), and Union Bank of California, National Association's ("UBOC") to Sever and Stay the Claims Relating to the Ballard Patents Pending Reexamination of the Ballard Patents. Having considered the Motion, the Court finds that it is well-taken. Therefore, it is hereby ORDERED, ADJUDGED, and DECREED that the Motion of Defendants The Bank of New York Company Incorporated ("BNYC"), The Bank of New York ("BNY"), UnionBanCal Corporation ("UnionBanCal"), and Union Bank of California, National Association ("UBOC") to Sever and Stay the Claims Relating to the Ballard Patents Pending Reexamination of the Ballard Patents is GRANTED. Claims related to U.S. Patent Nos. 5,910,988 ("the `988 patent") and 6,032,137 ("the `137 patent")--Counts 1 and 2 in the First Amended Complaint--shall be severed from this action and placed on the Court's docket under a new cause number. Further proceedings in that new action shall be stayed pending reexamination of the `988 and `137 patents by the United States Patent and Trademark Office. The parties shall promptly notify the
Civil Action No. 2-06CV-72
Dockets.Justia.com
Case 2:06-cv-00072-DF-CMC
Document 263
Filed 09/28/2006
Page 2 of 2
Court in writing of any official action by the United States Patent and Trademark Office concerning either of the two patents in reexamination.
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