Datatreasury Corporation v. Wells Fargo & Company et al

Filing 426

NOTICE by Unionbancal Corporation, Union Bank of California National Association NOTICE OF DECISION REGARDING STIPULATION (Ainsworth, Jennifer)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 426

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

Document 426

Filed 01/19/2007

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATATREASURY CORPORATION, Plaintiff, v. WELLS FARGO & COMPANY, et al., Defendants. ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 2-06CV-72

UNION BANK OF CALIFORNIA, N.A. AND UNIONBANCAL CORPORATION'S NOTICE OF ACCEPTANCE OF STIPULATION REQUIRED FOR STAY The Court, having recently issued an order to stay litigation in three related cases, ordered (Docket No. 411) that this case be stayed as to U.S. Patent Nos. 5,910,988 and 6,032,137 (hereafter "Ballard Patents") in light of the ex parte reexamination initiated by First Data Corporation (hereafter "petitioner") of the Ballard Patents. As a required condition of the Court's stay, the Defendants Union Bank of California, N.A., and UnionBanCal Corp.1 (collectively "UBOC") hereby notify the Court that they accept the following stipulation and the concomitant stay of all proceedings related to the Ballard Patents: 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 a printed publication reference that was submitted by petitioner in the reexamination with prior art that was not so submitted.

1

UnionBanCal Corp. has a separate pending motion to dismiss for lack of personal jurisdiction. In order to preserve its rights, UnionBanCal accepts the proposed stipulation without waiving its motion, objection to and defense of the lack of personal jurisdiction with respect to all of the patents-in-suit.

UNION BANK OF CALIFORNIA, N.A. AND UNIONBANCAL CORPORATION'S NOTICE OF ACCEPTANCE OF STIPULATION REQUIRED FOR STAY ­ Page 1

Dockets.Justia.com

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

Document 426

Filed 01/19/2007

Page 2 of 3

Defendants further note that they 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 19, 2007

Respectfully submitted, /s/ Jennifer Parker Ainsworth f Jennifer Parker Ainsworth Texas Bar No. 00784720 WILSON, SHEEHY, KNOWLES, ROBERTSON & CORNELIUS, P.C. 909 ESE Loop 323 Suite 400 Tyler, Texas 75701 T: [phone] F: [phone] [e-mail] Richard Hogan Texas Bar No. 09802010 PILLSBURY WINTHROP SHAW PITTMAN LLP 2 Houston Center 909 Fannin Street 22nd Floor Houston TX 77010 T: [phone] F: [phone] [e-mail] Raymond L. Sweigart (admitted pro hac vice) Scott J. Pivnick (admitted pro hac vice) PILLSBURY WINTHROP SHAW PITTMAN LLP 1650 Tysons Blvd. McLean, VA 22102-4859 T: [phone] F: [phone] [e-mail] [e-mail] Attorneys for Defendants, UnionBanCal Corporation and Union Bank of California, National Association

UNION BANK OF CALIFORNIA, N.A. AND UNIONBANCAL CORPORATION'S NOTICE OF ACCEPTANCE OF STIPULATION REQUIRED FOR STAY ­ Page 2

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

Document 426

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), on this the 19th day of January, 2007.

/s/ Jennifer Parker Ainsworth______ Jennifer Parker Ainsworth

UNION BANK OF CALIFORNIA, N.A. AND UNIONBANCAL CORPORATION'S NOTICE OF ACCEPTANCE OF STIPULATION REQUIRED FOR STAY ­ Page 3