Datatreasury Corporation v. Wells Fargo & Company et al

Filing 342

NOTICE by First Citizens Bancshares, Inc., First Citizens Bank & Trust Company Notice of Defendants First-Citizens Bank & Trust Company and First Citizens Bancshares, Inc. Regarding Proposed Stipulation (Carlson, Larry)

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

Document 342

Filed 11/03/2006

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MASHALL DIVISION

DATATREASURY CORPORATION
Plaintiff
CIVIL ACTION NO. 2:06-CV-72JURY TRIL DEMANDED
WELLS FARGO & COMPANY, et al.
Defendants.

NOTICE OF DEFENDANTS FIRST-CITIZENS BANK & TRUST COMPANY AND FIRST CITIZENS BANCSHARES, INC. REGARDING PROPOSED STIPULATION
Defendants First-Citizens Ban

& Trust Company and First Citizens BancShares , Inc.

hereby notify the Court of their position regarding the stipulation proposed in this Cour'
October 25,

2006 Order (Docket No. 326) granting as modified the Motions to Sever and Stay

the Claims Relating to the

Ballard Patents Pending Reexamination of the Ballard Patents

conditioned on entering the proposed stipulation.
First- Citizens Ban

& Trust Company agrees that the stay wil

be

granted only on

condition that First-Citizens Ban
Numbers 5 910

& Trust Company agrees not to challenge United States Patent

988 and/or 6 032 137 based on any prior art printed publications that were

considered in the reexamination process. To satisfy the Cour' s condition, if the Court enters the
stay, First-Citizens Ban
Numbers 5 910

& Trust Company agrees not to challenge United States
137 based on any prior ar

Patent

988 and/or 6 032

printed publications that were

considered in the reexamination process.

First Citizens BancShares, Inc. , without waiving its jurisdictional defense, hereby notifies

the Court that it stands ready to execute the stipulation,

if necessary,

pending this Cour'

Dockets.Justia.co

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

Document 342

Filed 11/03/2006

Page 2 of 2

disposition of its Motion to Dismiss for Lack of Personal Jurisdiction (Docket No. 84).
Respectfully submitted

Isl

Lary D. Carlson

Larry D. Carlson, Attomey-in-Charge Texas State Bar No. 03814500
Mail:

lar.carlson(fbakerbotts.com

Rodriguez , Fernando Texas State Bar No. 24005048 Mail: femando. rodriguez bakerbotts. com David O. Taylor Texas State Bar No. 24042010 Mail: david.taylor bakerbotts. com

BAKR BOTTS L.L.P.
2001 Ross Avenue Dallas , Texas 75201
Telephone: [phone]
Facsimile: [phone]

Donalt J. Eglinton Mail: die wardandsmith. com WARD AND SMITH, P. Post Office Box 867 New Bern, North Carolina 28563
Telephone: [phone] Facsimile: (252) 672- 5477

ATTORNEYS FOR DEFENDANTS FIRSTCITIZENS BANK & TRUST COMPANY AND
FIRST CITIZENS BANCSHARES , INC.

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

Lar D. Carlson

Isl

Lary D. Carlson