Datatreasury Corporation v. Wells Fargo & Company et al

Filing 796

MOTION to Stay Defendants' Unopposed Motion to Stay by Electronic Data Systems Corp., First Citizens Bank & Trust Company, Compass Bancshares, Inc.,. Compass Bank, First Horizon National Corporation, First Tennessee Bank, National Association, The Clearing House Payments Company, LLC, Viewpointe Archive Services, LLC, Bank of Tokyo-Mitsubishi UFJ, LTD, Deutsche Bank Trust Company Americas, Citizens Financial Group, Inc., The PNC Financial Services Group, Inc., PNC Bank, National Association, Keycorp, Keybank National Association, Lasalle Bank Corporation, Lasalle Bank NA, Wachovia Corporation, Wachovia Bank, National Association, U.S. Bancorp, U.S. Bank, National Association, National City Corporation, National City Bank, BB&T Corporation, Branch Banking and Trust Company, M&T Bank Corporation, M&T Bank, Comerica Incorporated, Comerica Bank & Trust, National Association, Union Bank of California National Association, The Bank of New York, The Bank of New York Co, Inc., UBS Americas, Inc., Bank of America, National Association, City National Corporation, City National Bank, Viewpointe Archive Services, LLC, Lasalle Bank Corporation, U.S. Bancorp, U.S. Bank, National Association, National City Corporation, National City Bank, UBS Americas, Inc., Keycorp, Keybank National Association, The PNC Financial Services Group, Inc., PNC Bank, National Association, The Bank of New York, The Bank of New York Co, Inc., Union Bank of California National Association, Keycorp, Keybank National Association, Bancorp South Bank, Magtek, Inc., Unionbancal Corporation, Wells Fargo & Company, Wells Fargo Bank, National Association, Magtek, Inc., Bank of America Corporation, Bank of America, National Association, U.S. Bancorp, U.S. Bank, National Association, Wachovia Corporation, Wachovia Bank, National Association, Suntrust Banks, Inc., Suntrust Bank, UBS Americas, Inc., BB&T Corporation, Branch Banking and Trust Company, Bancorpsouth, Inc., Bancorp South Bank, Compass Bancshares, Inc., The Bank of New York,. Compass Bank, Cullen/Frost Bankers, Inc., The Frost National Bank, First Horizon National Corporation, First Tennessee Bank, National Association, HSBC North America Holdings Inc, HSBC Bank USA, N.A., Harris Bankcorp, Inc., Harris, N.A., National City Corporation, National City Bank, Zions Bancorporation, Zions First National Bank, Bank of New York Co., Inc., The Bank of New York Co, Inc., Unionbancal Corporation, Union Bank of California National Association, Bank of Tokyo-Mitsubishi UFJ, LTD, Citizens Financial Group, Inc., City National Corporation, City National Bank, City National Corporation, Comerica Incorporated, City National Bank, Comerica Bank & Trust, National Association, Deutsche Bank Trust Company Americas, First Citizens Bancshares, Inc., First Citizens Bank & Trust Company, Keycorp, Keybank National Association, Lasalle Bank Corporation, Lasalle Bank NA, M&T Bank Corporation, M&T Bank, The PNC Financial Services Group, Inc., PNC Bank, National Association, Small Value Payments Company, LLC, The Clearing House Payments Company, LLC, Magtek, Inc.. (Attachments: #1 Text of Proposed Order Defendants' Proposed Order#2 Text of Proposed Order Plaintiff's Proposed Order)(Melsheimer, Thomas)

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

Document 796

Filed 09/14/2007

Page 1 of 2

U N I T E D STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

D A T A T R E A S U R Y CORPORATION, Plaintiff v. W E L L S FARGO & COMPANY; et al. Defendants O R D E R GRANTING UNOPPOSED MOTION FOR ENTRY OF STAY All of the defendants in the above styled action, except for Wells Fargo & Co., Wells Fargo Bank, N.A. (who are already subject to a stay) and three other defendants, 1 who are sued on one or more of United States Patent Nos. 5,265,007; 5,717,868; 5,583,759; and 5,930,778 (the "Huntington Patents") (the "Defendants") have moved that the Court stay litigation of the Huntington Patents pending reexamination by the United States Patent and Trademark Office (the "PTO"). In the past, the Court has required parties seeking to stay litigation pending reexamination to sign stipulations restricting, in litigation, the use of prior art submitted to the PTO. The Defendants and the Plaintiff have proposed two differing stipulations. The Court, having considered the motion finds that it should be GRANTED. The Court further adopts the stipulation it required in other litigation concerning the Huntington Patents and which the Defendants propose here. This Order, accordingly, is conditioned on any defendant wishing to stay the litigation, through its counsel of record, signing the following stipulation: As a condition of the stay, Defendants may not argue invalidity at trial based on one or more prior art printed publications that were submitted by the petitioner in
1

2:06-CV-72 DF

First Data, Remitco, and TeleCheck did not join this motion.

ORDER GRANTING UNOPPOSED MOTION FOR ENTRY OF STAY - Page 1

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

Document 796

Filed 09/14/2007

Page 2 of 2

the reexamination proceedings. However, Defendants 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. This stay will encompass discovery and motion practice unless leave of this Court is obtained. Notwithstanding the stay, the Plaintiff may file a sur-reply, if it so chooses, to the Clearing House Payments Company L.L.C.'s Motion for Summary J u d g m e n t o f Noninfringement of the '868 Patent (Docket No. 715) so that briefing on that motion may be completed.

ORDER GRANTING UNOPPOSED MOTION FOR ENTRY OF STAY - Page 2