Datatreasury Corporation v. Wells Fargo & Company et al
Filing
421
NOTICE by The PNC Financial Services Group, Inc., PNC Bank, National Association NOTICE OF DECISION REGARDING STIPULATION (Baxter, Samuel)
<![CDATA[
Datatreasury Corporation v. Wells Fargo & Company et al
Doc. 421
Case 2:06-cv-00072-DF-CMC
Document 421
Filed 01/19/2007
Page 1 of 3
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. 2:06-CV-72 Judge David Folsom
DEFENDANTS PNC BANK'S AND THE PNC FINANCIAL SERVICES GROUP, INC.'S NOTICE OF DECISION REGARDING STIPULATION Pursuant to the Court's Order (Dkt. No. 411) dated January 12, 2007 regarding the Defendants' respective motions to sever and stay claims relating to United States Patent Numbers 5,910,988 and 6,032,137 (the "Ballard Patents") pending their reexamination, Defendants PNC Bank and The PNC Financial Services Group, Inc. (collectively, "PNC") respectfully notify this Court of their agreement to the following stipulation proposed in the Order: 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 printed publication reference that was submitted by petitioner in the reexamination with prior art that was not so submitted. Accordingly, PNC requests that all claims relating to the Ballard Patents that have been asserted against it in this lawsuit be stayed pending final outcome of the rexamination of the Ballard Patents.
DEFENDANTS PNC BANK'S AND THE PNC FINANCIAL SERVICES GROUP, INC.'S NOTICE OF DECISION REGARDING STIPULATION Dallas 231170v3
PAGE 1
Dockets.Justia.com
Case 2:06-cv-00072-DF-CMC
Document 421
Filed 01/19/2007
Page 2 of 3
DATED: January 19, 2007
Respectfully submitted, McKOOL SMITH, P.C. /s/ Sam Baxter SAM BAXTER Lead Attorney Texas State Bar No. 01938000 sbaxter@mckoolsmith.com 505 East Travis Street, Suite 105 Marshall, Texas 75670 Telephone: (903) 927-2111 Telecopy: (903) 927-2622 THEODORE STEVENSON, III Texas State Bar No. 19196650 tstevenson@mckoolsmith.com L. DAVID ANDERSON Texas State Bar No. 00796126 danderson@mckoolsmith.com 300 Crescent Court Suite 1500 Telephone: (214) 978-4000 Telecopier: (214) 978-4044 PETER J. AYERS Texas State Bar No. 24009882 payers@mckoolsmith.com GEOFFREY L. SMITH Texas State Bar No. 24041939 gsmith@mckoolsmith.com 300 W. 6th Street, Suite 1700 Austin, Texas 78701 Telephone: (512) 692-8700 Telecopy: (512) 692-8744 ATTORNEYS FOR DEFENDANTS THE PNC FINANCIAL SERVICES GROUP, INC. AND PNC BANK
DEFENDANTS PNC BANK'S AND THE PNC FINANCIAL SERVICES GROUP, INC.'S NOTICE OF DECISION REGARDING STIPULATION Dallas 231170v3
PAGE 2
Case 2:06-cv-00072-DF-CMC
Document 421
Filed 01/19/2007
Page 3 of 3
CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this motion was served on all counsel who have consented to electronic service. Local Rule CV-5(a)(3)(A). /s/ L. David Anderson L. David Anderson
DEFENDANTS PNC BANK'S AND THE PNC FINANCIAL SERVICES GROUP, INC.'S NOTICE OF DECISION REGARDING STIPULATION Dallas 231170v3
PAGE 3
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
