Datatreasury Corporation v. Wells Fargo & Company et al

Filing 800

NOTICE by Keycorp, Keybank National Association, The PNC Financial Services Group, Inc., PNC Bank, National Association DEFENDANTS' NOTICE OF ACCEPTANCE OF STIPULATION REQUIRED FOR STAY (Baxter, Samuel)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 800

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

Document 800

Filed 09/25/2007

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATATREASURY CORPORATION, Plaintiff v. WELLS FARGO & COMPANY, et al. Defendants DEFENDANTS' NOTICE OF ACCEPTANCE OF STIPULATION REQUIRED FOR STAY Defendants KeyCorp, KeyBank National Association, PNC Financial Services Group, Inc. and PNC Bank, N.A. ("Defendants") are accused of infringing United States Patent Nos. 5,265,007 and 5,717,868 (the "Huntington Patents"). The Court ordered (Docket No. 798) that litigation of the Huntington Patents be stayed in light of developments in the ex parte reexamination of those patents. As a required condition of the Court's stay, Defendants, through their counsel of record, hereby notify the Court that they accept the following stipulation and the concomitant stay of all proceedings as to the Huntington Patents: 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 the reexamination proceedings. However, Defendants 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. The Defendants further note that they will work with the Plaintiff in this matter to keep the Court apprised of developments in the reexamination which may impact the ordered stay. 2:06-CV-72 DF

Defendants' Notice of Acceptance
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Dockets.Justia.com

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

Document 800

Filed 09/25/2007

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Dated: September 25, 2007

Respectfully submitted, McKOOL SMITH, P.C. /s/ Sam Baxter SAM BAXTER Lead Attorney Texas State Bar No. 01938000 [e-mail] 104 East Houston, Suite 300 Marshall, Texas 75670 Telephone: [phone] Telecopy: [phone] THEODORE STEVENSON, III Texas State Bar No. 19196650 [e-mail] L. DAVID ANDERSON Texas State Bar No. 00796126 [e-mail] 300 Crescent Court Suite 1500 Telephone: [phone] Telecopier: [phone] PETER J. AYERS Texas State Bar No. 24009882 [e-mail] GEOFFREY L. SMITH Texas State Bar No. 24041939 [e-mail] 300 W. 6th Street, Suite 1700 Austin, Texas 78701 Telephone: [phone] Telecopy: [phone] ATTORNEYS FOR DEFENDANTS KEYCORP, KEYBANK NATIONAL ASSOCIATION, THE PNC FINANCIAL SERVICES GROUP, INC., AND PNC BANK, N.A.

of Stipulation Required for Stay
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Case 2:06-cv-00072-DF-CMC

Document 800

Filed 09/25/2007

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CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served on September 25, 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/ L. David Anderson L. David Anderson

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