Datatreasury Corporation v. Wells Fargo & Company et al

Filing 419

NOTICE by Citizens Financial Group, Inc. re #411 Order, Stipulation Relating to Stay (Speed, F)

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

Document 419

Filed 01/18/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATATREASURY CORP., Plaintiff, v. Judge Folsom WELLS FARGO & CO., et al., Defendants. Case No. 2:06-cv-00072 (DF)

NOTICE OF DEFENDANT, CITIZENS FINANCIAL GROUP, INC., RELATING TO DECISION TO STIPULATE Now comes, Citizens Financial Group, Inc., by and through its counsel, and hereby provides Notice to the Court, pursuant to its Order dated January 12, 2007, Document #411, that Citizens Financial Group, Inc. stipulates to the following: 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. Dated: January 18, 2007 Respectfully submitted, /s/ Claude E. Welch_________ Claude E. Welch 115 West Shepherd Avenue P.O. Box 1574 Lufkin, TX 75902-1574 Tel.: [phone] Fax: [phone] [e-mail]

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

Document 419

Filed 01/18/2007

Page 2 of 2

Jeffrey S. Standley James L. Kwak F. Michael Speed, Jr. STANDLEY LAW GROUP LLP 495 Metro Place South, Suite 210 Dublin, OH 43017-5319 Tel.: [phone] Fax: [phone] COUNSEL FOR CITIZENS FINANCIAL GROUP, INC. CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 18th day of January, 2007 a true and accurate copy of the foregoing NOTICE OF DEFENDANT, CITIZENS FINANCIAL GROUP, INC., RELATING TO DECISION TO STIPULATE was served upon all counsel of record who are deemed to have consented to electronic service via the Court's CM/ECF filing system per Local Rule CV-5(a)(3).

_/s/ F. Michael Speed, Jr._ F. Michael Speed, Jr.

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