Datatreasury Corporation v. Wells Fargo & Company et al

Filing 436

NOTICE by First Horizon National Corporation, First Tennessee Bank, National Association Notice of Acceptance of Modified Stipulation (Gray, Tonya)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 436

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

Document 436

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 FIRST HORIZON NATIONAL CORPORATION, AND FIRST TENNESSEE BANK NATIONAL ASSOCIATION'S NOTICE OF ACCEPTING MODIFIED STIPULATION Pursuant to the Court's January 12, 2007 Order, Docket No. 411, Defendants First Horizon National Corporation ("First Horizon") and First Tennessee Bank National Association ("First Tennessee") 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, First Horizon and First Tennessee 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 FIRST HORIZON NATIONAL CORPORATION AND FIRST TENNESSEE BANK NATIONAL ASSOCIATION'S NOTICE OF ACCEPTING MODIFIED STIPULATION -- Page 1
DAL:650580.1

Dockets.Justia.com

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

Document 436

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 [e-mail] Gerald C. Conley Texas Bar No. 04664200 [e-mail] Kay Lynn Brumbaugh Texas Bar No. 00785152 [e-mail] Tonya M. Gray Texas Bar No. 24012726 [e-mail] 1717 Main Street, Suite 3700 Dallas, Texas 75201 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR DEFENDANTS FIRST HORIZON NATIONAL CORPORATION AND FIRST TENNESSEE BANK, NATIONAL ASSOCIATION 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 FIRST HORIZON NATIONAL CORPORATION AND FIRST TENNESSEE BANK NATIONAL ASSOCIATION'S NOTICE OF ACCEPTING MODIFIED STIPULATION -- Page 2
DAL:650580.1