Datatreasury Corporation v. Wells Fargo & Company et al

Filing 412

NOTICE by Bancorpsouth, Inc., Bancorp South Bank of Acceptance of Stipulation Required for Stay (Perrone, Gregory)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 412

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

Document 412

Filed 01/16/2007

Page 1 of 2

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

Civil Action No. 2:06cv72 JURY TRIAL DEMANDED

BANCORPSOUTH, INC. AND BANCORPSOUTH BANK'S NOTICE OF ACCEPTANCE OF STIPULATION REQUIRED FOR STAY The Court, having considered the parties' briefing and oral argument, ordered (Docket No. 107) that this case be stayed in its entirety in light of developments in the ex parte reexamination initiated by First Data Corporation (hereafter "petitioner") of the patents in suit. As a required condition of the Court's stay, the Defendants

BancorpSouth, Inc. and BancorpSouth Bank (collectively "BancorpSouth") hereby notify the Court that they accept the following stipulation and the concomitant stay of all proceedings: As a condition of the stay, Defendants may not argue invalidity at trial based on one or more prior art printed publications that were submitted by the petitioner in the reexamination proceedings. However, Defendants will be permitted to rely for obviousness on the combination of a printed publication reference that was submitted by petitioner in the reexamination with prior art that was not so submitted.

BANCORPSOUTH, INC.'S AND BANCORPSOUTH BANK'S NOTICE OF ACCEPTANCE OF STIPULATION REQUIRED FOR STAY­ Page 1
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Dockets.Justia.com

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

Document 412

Filed 01/16/2007

Page 2 of 2

Defendants further note that they will work with Plaintiff in this matter to keep the Court apprised of developments in the reexamination which may impact the ordered stay. Dated: January 16, 2007 Respectfully submitted,

/s/ Gregory Perrone John H. McDowell Texas State Bar No. 13570825 Gregory Perrone Texas State Bar No. 24048053 HUGHES & LUCE, LLP 1717 Main Street Suite 2800 Dallas, Texas 75201 Telephone: [phone] Fax: [phone] ATTORNEYS FOR DEFENDANTS BANCORPSOUTH, INC. AND BANCORPSOUTH BANK

CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served on all counsel of record who are deemed to have consented to electronic service via the Court's CM/ECF system per Local Rule CV5(a)(3).

___/s/ Gregory Perrone______ Gregory Perrone

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