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 Att. 1

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

Document 289

Filed 10/10/2006

Page 1 of 1

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATATREASURY CORPORATION, Plaintiff, v. WELLS FARGO & COMPANY, et al. Defendants.

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CIVIL ACTION NO. 2 :06-CV-72-DF
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JURY TRIAL DEMANDED

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ORDER

The Court has decided to grant the 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. Accordingly, it is,
ORDERED that the 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 is GRANTED. Claims related to U.S. Patent Nos. 5,910,988 ("the '988 patent") and 6,032,137, ("the '137 patent")
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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 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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