Datatreasury Corporation v. Wells Fargo & Company et al

Filing 278

MOTION to Sever and Stay the Claims Relating to the Ballard Patents Pending Reexamination of the Ballard Patents by Cullen/Frost Bankers, Inc., The Frost National Bank. (Attachments: #1 Text of Proposed Order)(Sauer, Kurt)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 278 Att. 1

Case 2:06-cv-00072-DF-CMC

Document 278

Filed 10/05/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DataTreasury Corporation Plaint iff v. Wells Fargo & Company, et al. Defendants § § § § § § § § § ORDER Pending before this Court is the Motion by Defendants Cullen/Frost Bankers, Inc. and The Frost National Bank 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 by Defendants Cullen/Frost Bankers, Inc. and The Frost National Bank to Sever and Stay the Claims Relating to the Ballard Patents Pending Reexamination of the Ballard Patents is GRANTED. Plaintiff's claims against Cullen/Frost Bankers, Inc. and The Frost National Bank relating to U.S. Patent Nos. 5,910,988 and 6,032,137 (collectively the "Ballard patents"), Counts 1 and 2 of the 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 Ballard patents by the United States Patent and Trademark Office. The parties shall promptly notify the Court in writing of any official action by the United States Patent and Trademark Office concerning either of the two patents in reexamination.

Civil Action No. 2:06-CV-72 DF

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