Datatreasury Corporation v. Wells Fargo & Company et al

Filing 771

MOTION for Extension of Time to File Response/Reply in Support of Motions for Summary Judgment for Invalidity as to the '868, '759 and '778 Patents by First Data Corporation, Telecheck Services, Inc., Remitco, LLC, Wachovia Corporation, Wachovia Bank, National Association, Telecheck Services, Inc., Remitco, LLC, Bank of America Corporation, Bank of America, National Association, Wachovia Corporation, Wachovia Bank, National Association, First Data Corporation, Telecheck Services, Inc., Remitco, LLC. (Attachments: #1)(Melsheimer, Thomas)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 771

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

Document 771

Filed 08/16/2007

Page 1 of 4

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATATREASURY CORPORATION, Plaintiff v. WELLS FARGO & COMPANY, ET AL., Defendants DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEFS IN SUPPORT OF THEIR MOTIONS FOR SUMMARY JUDGMENT OF CLAIM INVALIDITY AS TO U.S. PATENT NOS. 5,717,868; 5,583,759; AND 5,930,778 Defendants Bank of America Corporation, Bank of America, N.A. (collectively, "Bank of America"); Wachovia Bank, N.A., and Wachovia Corporation, (collectively, "Wachovia"); First Data Corporation; Remitco, LLC; Telecheck Services, Inc. (movants collectively, "Defendants") file this unopposed motion for an extension of time to file their Reply briefs in support of their respective Motions for Summary Judgment of Claim Invalidity Based on Indefiniteness as to U.S. Patent Nos. 5,717,868; 5,583,759; and 5,930,778. The new deadline for Defendants to file their respective Reply briefs would be August 24, 2007. In support thereof, Defendants show the Court as follows: 1. The current deadline for Wachovia to file a Reply in support of its Motion 2:06-CV-72 DF

for Summary Judgment of Claim Invalidity Based in Indefiniteness as to U.S. Patent No. 5,717,868 is August 22, 2007. Defendants request an extension to August 24, 2007. 2. The current deadline for Bank of America and Wachovia to file a Reply in

support of their Motion for Summary Judgment of Claim Invalidity Based in

DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEFS IN SUPPORT OF THEIR MOTIONS FOR SUMMARY JUDGMENT OF CLAIM INVALIDITY AS TO U.S. PATENT NOS. 5,717,868; 5,583,759; AND 5,930,778 ­ Page 1

Dockets.Justia.com

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

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Filed 08/16/2007

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Indefiniteness as to U.S. Patent No. 5,583,759 is August 23, 2007. Defendants request an extension to August 24, 2007. 3. The current deadline for Bank of America, Wachovia, First Data, Remitco,

and Telecheck to file a Reply in support of their Motion for Summary Judgment of Claim Invalidity Based in Indefiniteness as to U.S. Patent No. 5,930,778 is August 22, 2007. Defendants request an extension to August 24, 2007. 4. Defendants make this request before the expiration of the current deadline

for filing a reply. Moreover, this request is made so that justice may be done and not solely for purposes of delay or any other improper purpose. 5. Plaintiff's counsel does not oppose this request.

WHEREFORE, Defendants respectfully request that the Court grant this Motion. Dated: August 16, 2007 Respectfully submitted, By: /s/ Thomas M. Melsheimer Thomas M. Melsheimer Texas Bar No. 13922550 FISH & RICHARDSON P.C. 1717 Main Street Suite 5000 Dallas, TX 75201 214-747-5070 (Telephone) 214-747-2091 (Telecopy) Robert E. Hillman FISH & RICHARDSON P.C. 225 Franklin Street Boston, MA 02110-2804 617-542-5070 (Telephone) 617-542-8906 (Telecopy) Robert M. Parker Robert Christopher Bunt PARKER & BUNT, P.C. 100 E. Ferguson, Suite 1114 Tyler, Texas 75702 903-531-3535 (Telephone) 903-533-9687 (Telecopy)
DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEFS IN SUPPORT OF THEIR MOTIONS FOR SUMMARY JUDGMENT OF CLAIM INVALIDITY AS TO U.S. PATENT NOS. 5,717,868; 5,583,759; AND 5,930,778 ­ Page 2

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Michael E. Jones Texas Bar No. 10929400 E. Glenn Thames, Jr. Texas Bar No. 00785097 POTTER MINTON 500 Plaza Tower 110 North College, Suite 500 Tyler, TX 75702 ATTORNEYS FOR DEFENDANTS BANK OF AMERICA CORPORATION, BANK OF AMERICA, NATIONAL ASSOCIATION By:/s/ Thomas M. Melsheimer by permission on behalf of the following counsel: Danielle Williams KILPATRICK STOCKTON LLP 1001 West Fourth Street Winston-Salem, NC 27101 Bill Boice Audra Dial KILPATRICK STOCKTON LLP 1100 Peachtree Street, Suite 2800 Atlanta, Georgia 30309-4530 Kenneth Godlewski Stephen Baskin KILPATRICK STOCKTON LLP 607 14th Street, NW, Suite 900 Washington, DC 20005-2018 ATTORNEYS FOR DEFENDANTS WACHOVIA CORPORATION, WACHOVIA BANK, N.A. Edward G. Poplawski (Pro Hac Vice) [e-mail] Jeffrey A. Finn (Pro Hac Vice) [e-mail] Carissa A. Tener (Pro Hac Vice) [e-mail] SIDLEY AUSTIN L.L.P. 555 West Fifth Street, Suite 4000 Los Angeles, California 90013 213-896-6000 (Telephone) 213-896-6600 (Telecopy)
DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEFS IN SUPPORT OF THEIR MOTIONS FOR SUMMARY JUDGMENT OF CLAIM INVALIDITY AS TO U.S. PATENT NOS. 5,717,868; 5,583,759; AND 5,930,778 ­ Page 3

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Lance Lee [e-mail] Texas Bar No. 240004762 YOUNG, PICKETT & LEE, L.L.P. 4122 Texas Blvd. P.O. Box 1897 Texarkana, Texas 75504 903-794-1303 (Telephone) 903-792-5098 (Telecopy) COUNSEL FOR FIRST DATA CORPORATION, TELECHECK SERVICES, INC.; REMITCO, LLC CERTIFICATE OF CONFERENCE On August 15, 2007, Counsel for Defendants, Brett Johnson, conferred via e-mail with Counsel for Plaintiff, Karl Rupp, regarding the relief requested by this Motion. Mr. Rupp indicated that Plaintiff is unopposed to the relief sought.

/s/ M. Brett Johnson M. Brett Johnson CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served on August 16, 2007, to all counsel of record who are deemed to have consented to electronic service via the Court's CM/ECF system per Local Rule CV-5(a)(3). /s/ Wendi L Grant Wendi L. Grant
90235809.doc

DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEFS IN SUPPORT OF THEIR MOTIONS FOR SUMMARY JUDGMENT OF CLAIM INVALIDITY AS TO U.S. PATENT NOS. 5,717,868; 5,583,759; AND 5,930,778 ­ Page 4