Datatreasury Corporation v. Wells Fargo & Company et al

Filing 432

NOTICE by HSBC North America Holdings Inc, HSBC Bank USA, N.A. Of Acceptance of Stipulation (Boudreaux, Glen)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 432

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

Document 432

Filed 01/23/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DataTreasury Corporation Plaint iff v. Wells Fargo & Company, et al. Defendants § § § § § § § § §

Civil Action No. 2:06-CV72DF

NOTICE OF ACCEPTANCE OF STIPULATION BY HSBC NORTH AMERICA HOLDINGS INC. AND HSBC BANK USA, N.A. The Court, having considered the parties' briefing and oral argument, ordered (Docket No. 411) a stay of proceedings related to the "Ballard Patents" in this case (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") (Reexamination Control Nos. 90/007829, 90/007830). As a required condition of the Court's stay, the Defendants, HSBC North America Holdings Inc., subject to its Rule 12 Motion to Dismiss, and HSBC Bank USA, N.A., hereby notify the Court that they accept the following stipulation and the concomitant stay of all 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 reexamina t io n proceedings. However, Defendant 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 submitted.

Notice of Acceptance of Stipulation by HSBC North America Holdings Inc. and HSBC Bank USA, N.A.

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Dockets.Justia.com

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

Document 432

Filed 01/23/2007

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Respectfully submitted, Boudr eaux, Leonard, Hammond & Curcio, P.C.

By:

/s/ Glen M. Boudreaux Glen M. Boudreaux Stat e Bar No. 02696500 Lead Attorney for HSBC North America Holdings Inc. And HSBC Bank USA, N.A. Two Houston Center 909 Fannin , Suite 2350 Housto n, TX 77010 Telephone: [phone] Telefax: [phone] [e-mail]

Of Counsel Boudr eaux, Leonard, Hammond & Curcio, P.C. Tim S. Leonard Stat e Bar No. 12211200 Edward J. (Nick) Nicholas Stat e Bar No. 14991350 909 Fannin, Suite 2350 Housto n, TX 77010 Tel. [phone] Fax [phone] Email: [e-mail] [e-mail] Wilmer Hale Irah H. Donner Amr O. Aly 399 Park Avenue New York, NY 10022 Tel. [phone] Fax [phone] Email: [e-mail] [e-mail]

Notice of Acceptance of Stipulation by HSBC North America Holdings Inc. and HSBC Bank USA, N.A.

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

Document 432

Filed 01/23/2007

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Lock e Liddel & Sapp LLP Ro y W. Hardin 2220 Ross Avenue, Suite 2200 Dallas, TX 75201-6776 Tel. [phone] Fax [phone] Email: [e-mail] Law Offices of Richard Grainger Richard Grainger 118 West Houston Street Tyler, TX 75710 Tel. [phone] Fax [phone] Email: [e-mail] 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 23rd day of January, 2007.

/s/ Glen M. Boudreaux Glen M. Boudreaux

Notice of Acceptance of Stipulation by HSBC North America Holdings Inc. and HSBC Bank USA, N.A.

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