Datatreasury Corporation v. Wells Fargo & Company et al

Filing 289

MOTION to Sever and Stay The Claims Relating to The Ballard Patents Pending Reexamination of The Ballard Patents by First Citizens Bank & Trust Company. (Attachments: #1 Text of Proposed Order Order)(Carlson, Larry)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 289

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

Document 289

Filed 10/10/2006

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATATREASURY CORPORATION, Plaintiff,

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v.
WELLS FARGO & COMPANY, et al. Defendants.

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CIVIL ACTION NO. 2~06-CV-72-DF

JURY TRIAL DEMANDED

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MOTION OF DEFENDANT FIRST CITIZENS BANK & TRUST COMPANY TO SEVER AND STAY THE CLAIMS RELATING TO THE BALLARD PATENTS PENDING REEXAMINATION OF THE BALLARD PATENTS
Defendant First Citizens Bank & Trust Company ("First Citizens") moves for a severance and stay of the claims related to the two Ballard patents, U.S. Patent Nos. 5,910,988 and 6,032,137, until the reexamination of those two patents is complete. Defendants EDS, Harris, Key, PNC, and Sun Trust filed a Motion to Sever and Stay the Claims Relating to the Ballard Patents Pending Reexamination of the Ballard Patents on September 19, 2006. (Docket Entry #260). First Citizens adopts the arguments and authorities advanced by that Motion to Sever and Stay, as if set out hlly herein. Specifically, First Citizens asserts that it, like EDS and the other defendants who filed the September 19 Motion to Sever and Stay, seeks to avoid substantial time and expense in defending DataTreasury Corporation's claims of patent infringement related to the Ballard patents and instead focus on the claims asserted under the Huntington Patents, U.S. Patent Nos. 5,717,868 and 5,265,007.

In the interest of justice and of judicial economy, this Court should sever and stay the
claims related to the Ballard patents pending the completion of their reexamination.

Dockets.Justia.com

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

Document 289

Filed 10/10/2006

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Respectfully submitted,

IS/ Larry D. Carlson Larry D. Carlson, Attorney-in-Charge Texas State Bar No. 038 14500 E-Mail: larry.carlson@,bakerbotts.com David 0. Taylor Texas State Bar No. 24042010 E-Mail: [e-mail] BAKER BOTTS L.L.P. 2001 Ross Avenue Dallas, Texas 75201 Telephone: [phone] Facsimile: [phone] Donalt J. Eglinton E-Mail: [e-mail] WARD AND SMITH, P.A. Post Office Box 867 New Bern, North Carolina 28563 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR DEFENDANT FIRST CITIZENS BANK & TRUST COMPANY

CERTIFICATE OF CONFERENCE I certify that on October 10, 2006, I conferred with Eric M. Albritton, counsel for plaintiff DataTreasury Corporation, in a good faith attempt to resolve this matter without Court intervention. Mr. Albritton stated that plaintiff opposes this motion.

IS/ Larry D. Carlson Larry D. Carlson

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

Document 289

Filed 10/10/2006

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CERTIFICATE OF SERVICE
I certify that on the 10th day of October, 2006, all counsel who are deemed to have consented to electronic service are being served with a copy of this document by the Court's Electronic Filing System, pursuant to Local Rule CV-5(a)(3)(A).

IS/ Larry D. Carlson Larry D. Carlson