Datatreasury Corporation v. Wells Fargo & Company et al

Filing 434

NOTICE by City National Corporation, City National Bank of Acceptance of Stipulation Required for Stay (Sauer, Kurt)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 434

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

Document 434

Filed 01/23/2007

Page 1 of 3

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-CV-72 DF

DEFENDANTS CITY NATIONAL CORPORATION AND CITY NATIONAL BANK'S NOTICE OF ACCEPTANCE OF STIPULATION REQUIRED FOR STAY The Court, having considered the parties' briefing and oral argument, ordered (Docket No. 411) that this case be stayed in its entirety as to U.S. Patent No. 5,910,988 and U.S. Patent No. 6,032,137 in light of developments in the ex parte reexamination initiated by First Data Corporation (hereinafter "petitioner") of the patents in suit. As a required condition of the Court's stay, the Defendants City Nat ional Corporation and City National Bank (collect ively "City National"), 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 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 434

Filed 01/23/2007

Page 2 of 3

Cit y Nat ional further notes that it 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 23, 2007 Respectfully submitted, By: __/s/ Kurt M. Sauer_______ Kurt M. Sauer State Bar No. 17673700 Stacy L. Zoern State Bar No. 24051565 DAFFER MCDANIEL, LLP 700 Lavaca Street, Suite 720 Austin, Texas 78701 Tel. [phone] Fax [phone] [e-mail] [e-mail] ATTORNEYS FOR DEFENDANTS CITY NATIONAL CORPORATION AND CITY NATIONAL BANK

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

Document 434

Filed 01/23/2007

Page 3 of 3

CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5 (a)(3)(A) on January 23, 2007.

/s/ Kurt M. Sauer____________

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