Datatreasury Corporation v. Wells Fargo & Company et al
Filing
423
NOTICE by Electronic Data Systems Corp. NOTICE OF DECISION REGARDING STIPULATION (Stevenson, Theodore)
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Datatreasury Corporation v. Wells Fargo & Company et al
Doc. 423
Case 2:06-cv-00072-DF-CMC
Document 423
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
DEFENDANT ELECTRONIC DATA SYSTEMS CORP.'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, Defendant Electronic Data Systems Corp. ("EDS") respectfully notifies this Court of its agreement to the following stipulation proposed in the Order: As a condition of the stay, EDS 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, EDS 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, EDS requests that this case be stayed in its entirety as to EDS pending final outcome of the rexamination of the Ballard Patents.
DEFENDANT ELECTRONIC DATA SYSTEMS CORP.'S NOTICE OF DECISION REGARDING STIPULATION Dallas 231172v3
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Dockets.Justia.com
Case 2:06-cv-00072-DF-CMC
Document 423
Filed 01/19/2007
Page 2 of 3
DATED: January 19, 2007
Respectfully submitted, McKOOL SMITH, P.C. /s/ Theodore Stevenson, III THEODORE STEVENSON, III Lead Attorney Texas State Bar No. 19196650 tstevenson@mckoolsmith.com GARRET W. CHAMBERS Texas State Bar No. 00792160 gchambers@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 DEFENDANT ELECTRONIC DATA SYSTEMS CORP.
DEFENDANT ELECTRONIC DATA SYSTEMS CORP.'S NOTICE OF DECISION REGARDING STIPULATION Dallas 231172v3
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Case 2:06-cv-00072-DF-CMC
Document 423
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
DEFENDANT ELECTRONIC DATA SYSTEMS CORP.'S NOTICE OF DECISION REGARDING STIPULATION Dallas 231172v3
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