Datatreasury Corporation v. Wells Fargo & Company et al

Filing 431

NOTICE by Viewpointe Archive Services, LLC of Acceptance of Stipulation Required for Stay (Philbin, Phillip)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 431

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

Document 431

Filed 01/22/2007

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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-00072-DF Judge David Folsom

Viewpointe's Notice of Acceptance of Stipulation Required for Stay
The Court, having considered the parties' briefing and oral argument in three related cases, ordered (Docket No. 411) that this case be stayed for all proceedings related to the "Ballard Patents" ­ U.S. Patent Nos. 5,910,988 and 6,032,137 ­ 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 Viewpointe Archive Services, LLC, ("Viewpointe") hereby notifies the Court that it accepts the following stipulation and the resulting stay of the 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.

Viewpointe's Notice of Acceptance of Stipulation Required for Stay
D-1499867_1.DOC | 38044.2

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Dockets.Justia.com

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

Document 431

Filed 01/22/2007

Page 2 of 2

Respectfully submitted, /s/ Phillip B. Philbin Phillip B. Philbin Texas State Bar No. 15909020 John R. Emerson Texas State Bar No. 24002053 HAYNES AND BOONE, L.L.P. 901 Main Street, Suite 3100 Dallas, Texas 75202-3789 Tel: [phone] Fax: [phone] Daniel A. DeVito SKADDEN ARPS SLATE MEAGHER & FLOM LLP Four Times Square New York, NY 10036-6522 Tel: [phone] Fax: [phone] ATTORNEYS FOR VIEWPOINTE ARCHIVE SERVICES, LLC CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing Viewpointe's Notice of Acceptance of Stipulation Required for Stay was served on all counsel of record who are deemed to have consented to electronic service via the Court's CM/ECF filing system per Local Rule CV-5(a)(3) on the 22nd day of January, 2007.

/s/ Phillip B. Philbin Phillip B. Philbin

Viewpointe's Notice of Acceptance of Stipulation Required for Stay
D-1499867_1.DOC | 38044.2

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