Datatreasury Corporation v. Wells Fargo & Company et al

Filing 416

NOTICE by The Clearing House Payments Company, LLC Acceptance of Stipulation for Stay (McGee, Preston)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 416

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

Document 416

Filed 01/18/2007

Page 1 of 2

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

2-06-CV-72 (DF)

NOTICE OF ACCEPTANCE OF STIPULATION BY THE CLEARING HOUSE PAYMENTS COMPANY L.L.C. The Court, having considered the parties' briefing and oral argument, ordered (Docket No. 107) that a stay of proceedings related to the "Ballard Patents" in this case--U.S. Patent Nos. 5,910,988 and 6,032,137--ensue in light of developments in the ex parte reexaminations initiated by First Data Corporation (hereafter "petitioner") of the Ballard Patents (Reexamination Control Nos. 90/007829, 90/007830). As a required condition of the Court's stay, The Clearing House Payments Company L.L.C., for itself and as the successor in interest to The Small Value Payments Company, L.L.C. (collectively, "Defendant"), hereby notifies the Court that it accepts the following stipulation and the concomitant stay of all proceedings: As a condition of the stay, Defendant 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, Defendant will be permitted to rely for obviousness on the combination of printed publication reference that was submitted by petitioner in the reexamination with prior art that was not so submitted.

Dockets.Justia.com

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

Document 416

Filed 01/18/2007

Page 2 of 2

Defendant further notes that it 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 18, 2007

Preston W. McGee FLOWERS DAVIS, P.L.L.C. 1021 ESE Loop 323, Suite 200 Tyler, Texas 75701 [phone] Of Counsel: James H. Carter James T. Williams SULLIVAN & CROMWELL LLP 125 Broad Street New York, New York 10004 Tel: [phone] Fax: [phone] Lawrence F. Scinto Ronald A. Clayton FITZPATRICK, CELLA, HARPER & SCINTO 30 Rockefeller Plaza New York, New York 10112 Tel: [phone] Fax: [phone] Attorneys for The Clearing House Payments Company L.L.C. CERTIFICATE OF SERVICE I hereby certify that all counsel of record are being served this 18th day of January, 2007, with a copy of the foregoing via the Court's CM/ECF system per Local Rule CV-5(a)(3).

___________________________ Preston W. McGee -2-