Datatreasury Corporation v. Wells Fargo & Company et al

Filing 427

NOTICE by UBS Americas, Inc. NOTICE OF ACCEPTANCE OF STIPULATION REQUIRED FOR STAY (Breedlove, Scott)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 427

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

Document 427

Filed 01/19/2007

Page 1 of 3

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATATREASURY CORPORATION, Plaintiff/Counter-Defendant vs. WELLS FARGO & COMPANY, ET AL. Defendants/Counter-Plaintiffs § § § § § § §

Civil Action No. 2:06cv72 Jury Trial Demanded

UBS AMERICAS, INC.'S NOTICE OF ACCEPTANCE OF STIPULATION REQUIRED FOR STAY The Court, having considered the parties' briefing and oral argument, ordered (Docket No. 411) that a stay of proceedings related to the "Ballard Patents" in this case ­ U.S. Patent Nos. 5,910,988 and 6,032,137 ­ ensue in light of developments in the ex parte reexaminations initiated by First Data Corporation (hereafter "petitioner") of the Ballard Patents (Reexamination Control Nos. 90/007829, 90/007830). As a required condition of the Court's stay, Defendant UBS Americas, Inc. ("UBSAI") hereby notifies the Court that it accepts the following stipulation and the concomitant stay of proceedings: 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.

Dockets.Justia.com

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

Document 427

Filed 01/19/2007

Page 2 of 3

Dated this 19th day of January, 2007.

Respectfully submitted, /s/ Scott W. Breedlove William L. LaFuze Texas Bar No. 11792500 [e-mail] D. Ferguson McNiel, III Texas Bar No. 13830300 [e-mail] Vinson & Elkins LLP 2300 First City Tower 1001 Fannin Street Houston, TX 77002 Telephone: [phone] Facsimile: 713.758.2346 Scott W. Breedlove Texas Bar No. 00790361 [e-mail] Vinson & Elkins LLP 3700 Trammell Crow Center 2001 Ross Avenue Dallas, TX 75201-2975 Telephone: [phone] Facsimile: 214.220.7716 Harry Lee Gillam, Jr. Texas Bar No. 07921800 [e-mail] Melissa Richards Smith Texas Bar No. 24001351 [e-mail] Gillam & Smith LLP 110 South Bolivar, Suite 204 Marshall, TX 75670 Telephone: [phone] Facsimile: 903.934.9257 Attorneys for UBS Americas, Inc.

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

Document 427

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) on January 19, 2007. This pleading was therefore served on all counsel deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A).

/s/ Scott W. Breedlove Scott W. Breedlove

Dallas 1208700v.1