Datatreasury Corporation v. Wells Fargo & Company et al

Filing 424

NOTICE by Harris Bankcorp, Inc., Harris, N.A. NOTICE OF DECISION REGARDING STIPULATION (Manley, Robert)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 424

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

Document 424

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 HARRIS BANKCORP, INC.'S AND HARRIS N.A.'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 the reexamination of the Ballard Patents initiated by First Data Corporation (hereinafter, "petitioner"), Defendants Harris Bankcorp, Inc. and Harris, N.A. (collectively, "Harris") 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. Since no claims have been asserted against Harris other than claims relating to the Ballard Patents, Harris requests that this case be stayed in its entirety as to Harris pending final outcome of the reexaminations of the Ballard Patents.

DEFENDANTS HARRIS BANKCORP, INC.'S AND HARRIS, N.A.'S NOTICE OF DECISION REGARDING THE STIPULATION Dallas 231324v1

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Dockets.Justia.com

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

Document 424

Filed 01/19/2007

Page 2 of 3

DATED: January 19, 2007

Respectfully submitted, McKOOL SMITH, P.C. /s/ Robert M. Manley ROBERT M. MANLEY Lead Attorney Texas State Bar No. 00787955 [e-mail] SAM BAXTER Texas State Bar No. 01938000 [e-mail] L. DAVID ANDERSON Texas State Bar No. 00796126 [e-mail] 300 Crescent Court Suite 1500 Telephone: [phone] Telecopier: [phone] ROBERT MASTERS Paul, Hastings, Janofsky & Walker, LLP 875 15th Street, N.W. Washington, DC 20005 Tel: [phone] Fax: [phone] [e-mail] PAUL WILSON Paul, Hastings, Janofsky & Walker, LLP 875 15th Street, N.W. Washington, DC 20005 Tel: [phone] Fax: [phone] [e-mail] BRANDON WHITE Paul, Hastings, Janofsky & Walker, LLP 875 15th Street, N.W. Washington, DC 20005 Tel: [phone] Fax: [phone] [e-mail] ATTORNEYS FOR DEFENDANTS HARRIS BANKCORP, INC. AND HARRIS N.A.

DEFENDANTS HARRIS BANKCORP, INC.'S AND HARRIS, N.A.'S NOTICE OF DECISION REGARDING THE STIPULATION Dallas 231324v1

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

Document 424

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 HARRIS BANKCORP, INC.'S AND HARRIS, N.A.'S NOTICE OF DECISION REGARDING THE STIPULATION Dallas 231324v1

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