Datatreasury Corporation v. Wells Fargo & Company et al
Filing
401
MOTION re #326 Order on Motion to Sever,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Order on Motion for Joinder,,,,,, Order on Motion to Stay,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, MOTION OF DEFENDANT ELECTRONIC DATA SYSTEMS, CORP. FOR MODIFICATION OF THE STAY by Electronic Data Systems Corp.. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Text of Proposed Order)(Stevenson, Theodore)
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Datatreasury Corporation v. Wells Fargo & Company et al
Doc. 401 Att. 3
Case 2:06-cv-00072-DF-CMC
Document 401
Filed 01/08/2007
Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATATREASURY CORPORATION PLAINTIFF vs. WELLS FARGO & COMPANY, ET AL. DEFENDANTS _______________________________________ § § § § § § § Civil Action No. 2:06cv72 Judge David Folsom
ORDER Pending before this Court is the Motion of Defendant Electronic Data Systems Corp. for Modification of the Stay. Having considered the Motion, the Court finds that it is well-taken. Therefore, it is hereby ORDERED, ADJUDGED, and DECREED that the Motion of Defendant Electronic Data Systems Corp. for Modification of the Stay is GRANTED. The Order of October 25, 2006 (Dkt. No. 326) is modified to permit Defendants to enter the following stipulation: The parties agree that the stay will be granted only on condition that [an individual defendant] agrees not to challenge United States Patent Numbers 5,910,988 and/or 6,032,137 based on any prior art printed publications that were considered in the reexamination process. [An individual defendant] will be permitted to rely for obviousness on the combination of a printed publication reference that was considered in the reexamination with prior art that was not so considered. On condition that individual Defendants enter the preceding stipulation, the Court will Sever and Stay the Plaintiff's claims against the stipulating Defendants on U.S. Patent Nos. 5,910,988 and 6,032,137. Ten days from the date this Order is signed, Defendants shall either (1) file with the Court a signed copy of the preceding stipulation, or (2) notify the Court in writing of their
Austin 32806v1
Dockets.Justia.com
Case 2:06-cv-00072-DF-CMC
Document 401
Filed 01/08/2007
Page 2 of 2
decision not to sign the stipulation. It is further ORDERED that the Clerk of the Court shall delay implementation of this Order until further notification from the Court.
Austin 32806v1
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