Datatreasury Corporation v. Wells Fargo & Company et al
Filing
435
NOTICE by Compass Bancshares, Inc.,. Compass Bank Notice of Acceptance of Modified Stipulation (Gray, Tonya)
Datatreasury Corporation v. Wells Fargo & Company et al
Doc. 435
Case 2:06-cv-00072-DF-CMC
Document 435
Filed 01/23/2007
Page 1 of 2
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. 2-06CV-72-DF
DEFENDANTS COMPASS BANK AND COMPASS BANCSHARES, INC.'S NOTICE OF ACCEPTING MODIFIED STIPULATION Pursuant to the Court's January 12, 2007 Order, Docket No. 411, Defendants Compass Bank, Compass Bancshares, Inc. (jointly, the "Compass Defendants"), respectfully notify the Court that, based on the terms of the Order, they accept the modified stipulation proposed in the Order. The Order permitted that this matter be stayed as to the "Ballard patents" -- U.S. Patent No. 5,910,988 and U.S. Patent No. 6,032,137 -- in light of the ex parte reexamination of the Ballard patents initiated by First Data Corporation (hereafter "petitioner"). As a required
condition of the Court's stay, the Compass Defendants agree to the following stipulation and the concomitant stay of all proceedings as to them: 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 printed publication reference that was submitted by petitioner in the reexamination with prior art that was not so submitted.
DEFENDANTS COMPASS BANK AND COMPASS BANCSHARES, INC.'S NOTICE OF ACCEPTING MODIFIED STIPULATION -- Page 1
DAL:649640.1
Dockets.Justia.com
Case 2:06-cv-00072-DF-CMC
Document 435
Filed 01/23/2007
Page 2 of 2
Dated: January 23, 2007
Respectfully submitted, ANDREWS KURTH LLP By: /S/ Tonya M. Gray Jerry L. Beane Texas Bar No. 01966000 jerrybeane@andrewskurth.com Gerald C. Conley Texas Bar No. 04664200 geraldconley@andrewskurth.com Kay Lynn Brumbaugh Texas Bar No. 00785152 kaylynnbrumbaugh@andrewskurth.com Tonya M. Gray Texas Bar No. 24012726 tonyagray@andrewskurth.com 1717 Main Street, Suite 3700 Dallas, Texas 75201 Telephone: (214) 659-4400 Facsimile: (214) 659-4401 ATTORNEYS FOR DEFENDANTS COMPASS BANCSHARES, INC. and COMPASS BANK CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of this document has been served on all counsel of record via electronic mail through Local Rule CV-5(a) on this the 23rd day of January, 2007. /S/ Tonya M. Gray Tonya M. Gray
DEFENDANTS COMPASS BANK AND COMPASS BANCSHARES, INC.'S NOTICE OF ACCEPTING MODIFIED STIPULATION -- Page 2
DAL:649640.1
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