Data Treasury Corp v. First Data Corp, et al
Plaintiff: Data Treasury Corp
Defendant: First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc. doing business as Telecheck International, Inc. and Microbilt Corp
Petitioner: Ingenico S.A., Ingenico Inc and Shore Deary LLP
Intervenor Plaintiff: Shore Deary L.L.P.
Amicus Curiae: Danny Williams
Case Number: 5:2003cv00039
Filed: February 21, 2003
Court: US District Court for the Eastern District of Texas
Presiding Judge: Caroline Craven
Referring Judge: David Folsom
Nature of Suit: Patent
Cause of Action: 28 U.S.C. § 1338 Patent Infringement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 14, 2007. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 14, 2007 Opinion or Order Filing 307 ORDER sua sponte denying without prejudice to refiling #248 Motion for Reconsideration, denying without prejudice to refiling #249 Motion for Reconsideration, denying without prejudice to refiling #280 Motion for Protective Order, denying without prejudice to refiling #283 Motion to Compel, denying without prejudice to refiling #285 Motion to Compel, denying without prejudice to refiling #287 Motion for Protective Order, denying without prejudice to refiling #289 Motion to Quash. If the parties so desire, the motions may be refiled in the Remitco action, Cause # 5:05cv173. These motions are DENIED without prejudice to refiling in 5:05cv173. It is further ORDERED that Cause # 5:03cv39 is ADMINISTRATIVELY CLOSED. Signed by Judge Caroline Craven on 2/14/07. (mpv, )
December 29, 2006 Filing 306 REPLY to Response to Motion re #284 MOTION to Compel -- THE FIRST DATA DEFENDANTS' MOTION TO COMPEL PRODUCTION CONCERNING CERTAIN "PRIOR LITIGATION" DOCUMENTS filed by Data Treasury Corp. (Bruster, Anthony)
December 21, 2006 Filing 305 SEALED REPLY to Response to Motion re #289 MOTION to Quash -- DEFENDANTS' MOTION TO QUASH filed by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc..--- [DEFENDANTS' REPLY IN SUPPORT OF MOTION TO QUASH] (Attachments: #1 Exhibit A)(Lee, Lance)
December 21, 2006 Filing 304 REPLY to Response to Motion re #283 MOTION to Compel -- THE FIRST DATA DEFENDANTS' MOTION TO COMPEL --- DEFENDANTS' REPLY IN SUPPORT OF MOTION TO COMPEL filed by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (Lee, Lance)
December 21, 2006 Filing 303 REPLY to Response to Motion re #280 MOTION for Protective Order --- [DEFENDANTS' EMERGENCY MOTION FOR PROTECTIVE ORDER] --- DEFENDANTS' REPLY IN SUPPORT OF MOTION FOR PROTECTIVE ORDER filed by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (Lee, Lance)
December 21, 2006 Filing 302 REPLY to Response to Motion re #284 MOTION to Compel -- THE FIRST DATA DEFENDANTS' MOTION TO COMPEL PRODUCTION CONCERNING CERTAIN "PRIOR LITIGATION" DOCUMENTS --- DEFENDANTS' REPLY IN SUPPORT OF MOTION TO COMPEL PRODUCTION CONCERNING CERTAIN "PRIOR LITIGATION" DOCUMENTS filed by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (Lee, Lance)
December 21, 2006 Filing 301 REPLY to Response to Motion re #285 MOTION to Compel --- The First Data Defendants' Motion to Compel Production by Christopher Bokhart and Donald Mullineaux of Documents Requested in First Data Defendants' November 29, 2005 and January 31, 2006 Subpoenas Duces Tecum -- DEFENDANTS' REPLY IN SUPPORT OF THEIR MOTION TO COMPEL DOCUMENTS FROM BOKHART AND MULLINEAUX filed by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (Lee, Lance)
December 14, 2006 Filing 300 NOTICE of Change of Address by Edward Lewis Hohn (Hohn, Edward)
December 12, 2006 Filing 299 Replacing Docket # 294 SEALED RESPONSE to Motion re #289 MOTION to Quash -- DEFENDANTS' MOTION TO QUASH filed by Data Treasury Corp. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7)(Bruster, Anthony) Modified on 12/12/2006 (mpv, ).
December 11, 2006 NOTICE of Deficiency regarding the SEALED RESPONSE to Motion re #289 MOTION to Quash -- DEFENDANTS' MOTION TO QUASH #294 submitted No Certificate of Authorization to File Sealed Document. Correction should be made by one business day. (mpv, )
December 11, 2006 Filing 298 RESPONSE to Motion re #287 MOTION for Protective Order -- DEFENDANTS' MOTION FOR A PROTECTIVE ORDER filed by Data Treasury Corp. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Text of Proposed Order PROPOSED ORDER)(King, Richard)
December 11, 2006 Filing 297 RESPONSE to Motion re #283 MOTION to Compel -- THE FIRST DATA DEFENDANTS' MOTION TO COMPEL filed by Data Treasury Corp. (Attachments: #1 Exhibit EXHIBIT 1#2 Exhibit EXHIBIT 2#3 Text of Proposed Order PROPOSED ORDER)(King, Richard)
December 11, 2006 Filing 296 RESPONSE to Motion re #284 MOTION to Compel -- THE FIRST DATA DEFENDANTS' MOTION TO COMPEL PRODUCTION CONCERNING CERTAIN "PRIOR LITIGATION" DOCUMENTS filed by Data Treasury Corp. (Attachments: #1 Text of Proposed Order PROPOSED ORDER)(King, Richard)
December 11, 2006 Filing 295 RESPONSE in Opposition re #285 MOTION to Compel --- The First Data Defendants' Motion to Compel Production by Christopher Bokhart and Donald Mullineaux of Documents Requested in First Data Defendants' November 29, 2005 and January 31, 2006 Subpoenas Duces Tecum filed by Data Treasury Corp. (Attachments: #1 Exhibit #1#2 Exhibit #2#3 Exhibit #3)(Bruster, Anthony)
December 11, 2006 Filing 294 ***FILED IN ERROR; DEFICIENT DOCUMENT; PLEASE IGNORE***SEALED RESPONSE to Motion re #289 MOTION to Quash -- DEFENDANTS' MOTION TO QUASH filed by Data Treasury Corp. (Attachments: #1 Exhibit #1#2 Exhibit #2#3 Exhibit #3#4 Exhibit #4#5 Exhibit #5#6 Exhibit #6#7 Exhibit #7)(Bruster, Anthony) Modified on 12/12/2006 (mpv, ).
December 4, 2006 Opinion or Order Filing 293 ORDER granting #292 Motion for Extension of Time to File Response/Reply re #284 MOTION to Compel -- THE FIRST DATA DEFENDANTS' MOTION TO COMPEL PRODUCTION CONCERNING CERTAIN "PRIOR LITIGATION" DOCUMENTS, #285 MOTION to Compel --- The First Data Defendants' Motion to Compel Production by Christopher Bokhart and Donald Mullineaux of Documents Requested in First Data Defendants' November 29, 2005 and January 31, 2006 Subpoenas Duces Tecum, #289 MOTION to Quash -- DEFENDANTS' MOTION TO QUASH, #287 MOTION for Protective Order -- DEFENDANTS' MOTION FOR A PROTECTIVE ORDER, #283 MOTION to Compel -- THE FIRST DATA DEFENDANTS' MOTION TO COMPEL Responses due by 12/11/2006. Signed by Judge Caroline Craven on 12/4/06. (mpv, )
November 30, 2006 Filing 292 Joint MOTION for Extension of Time to File Response/Reply to Dkt. Nos. 283, 284, 285, 287 and 289 by Data Treasury Corp. (Attachments: #1 Text of Proposed Order Proposed Order)(King, Richard)
November 21, 2006 Opinion or Order Filing 291 ORDER; consolidating case with cause # 5:05cv173. Signed by Judge David Folsom on 11/21/06. (mrm, )
November 21, 2006 Cases associated. (mrm, )
November 21, 2006 Minute Entry for proceedings held before Judge Earl S. Hines : Hotline Conference held on 11/21/2006. (Court Reporter ECRO: T. Piper.) (ttp, )
November 20, 2006 Filing 290 RESPONSE to Motion re #280 MOTION for Protective Order --- [DEFENDANTS' EMERGENCY MOTION FOR PROTECTIVE ORDER] filed by Data Treasury Corp. (Hohn, Edward)
November 20, 2006 Filing 289 MOTION to Quash -- DEFENDANTS' MOTION TO QUASH by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Exhibit A#2 Text of Proposed Order)(Lee, Lance)
November 20, 2006 Filing 288 SEALED ADDITIONAL ATTACHMENTS to Main Document: #287 MOTION for Protective Order -- DEFENDANTS' MOTION FOR A PROTECTIVE ORDER. (Attachments: #1 Exhibit 1)(Lee, Lance)
November 20, 2006 Filing 287 MOTION for Protective Order -- DEFENDANTS' MOTION FOR A PROTECTIVE ORDER by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Text of Proposed Order)(Lee, Lance)
November 20, 2006 Filing 286 TRANSCRIPT of Proceedings (pla motion to consolidate) held on November 9, 2006 before Judge David Folsom. Court Reporter: Libby Crawford. (sm, )
November 17, 2006 Filing 285 MOTION to Compel --- The First Data Defendants' Motion to Compel Production by Christopher Bokhart and Donald Mullineaux of Documents Requested in First Data Defendants' November 29, 2005 and January 31, 2006 Subpoenas Duces Tecum by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Exhibit L#13 Exhibit M#14 Exhibit N#15 Text of Proposed Order)(Lee, Lance)
November 17, 2006 Filing 284 MOTION to Compel -- THE FIRST DATA DEFENDANTS' MOTION TO COMPEL PRODUCTION CONCERNING CERTAIN "PRIOR LITIGATION" DOCUMENTS by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Text of Proposed Order)(Lee, Lance) Modified on 1/8/2007 (mpv, ). ***WITHDRAWN PER ORDER #90 filed in case # 5:05cv173
November 17, 2006 Filing 283 MOTION to Compel -- THE FIRST DATA DEFENDANTS' MOTION TO COMPEL by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Exhibit 8#9 Exhibit 9#10 Exhibit 10#11 Text of Proposed Order)(Lee, Lance)
November 17, 2006 Opinion or Order Filing 282 HOTLINE ORDER DENYING pla motions to compel provided that within 3 business days from date of this order, dft files a written motion for protective order and FURTHER ORDERED that if dft fails to move for a protective order as directed, or if motions is denied, or if pla written motion to compel is granted, pla may redepose the witness.. Signed by Judge Earl S. Hines on 11/16/2006. (sm, )
November 9, 2006 Filing 281 Minute Entry for proceedings held before Judge David Folsom : Motion Hearing held on 11/9/2006 re #245 MOTION for Reconsideration re #244 Order on Motion to Consolidate Cases filed by Data Treasury Corp,. (Court Reporter Libby Crawford.) (mrm, )
November 9, 2006 Filing 280 MOTION for Protective Order --- [DEFENDANTS' EMERGENCY MOTION FOR PROTECTIVE ORDER] by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Exhibit A#2 Exhibit B#3 Text of Proposed Order)(Pickett, John)
October 30, 2006 Opinion or Order Filing 279 ORDER granting in part and denying in part #266 Motion to Compel as specified in order.. Signed by Judge Caroline Craven on 10/30/2006. (sm, )
October 26, 2006 Filing 278 RESPONSE to #271 Response in Support of Motion, ---[DEFENDANTS' RESPONSE TO DATATREASURY CORPORATION'S SUPPLEMENTAL MEMORANDUM TO ITS MOTION TO RECONSIDER ORDER DENYING MOTION TO CONSOLIDATE] by First Data Corporation, First Data Merchant Services Corporation. (Lee, Lance)
October 26, 2006 Filing 277 RESPONSE in Opposition re #266 MOTION to Compel in Response to Defendants' Objections and Responses to Two 30(b)(6) Notices of Deposition and Subpoenas Duces Tecum served on 09.21.06 ---[THE FIRST DATA DEFENDANTS' RESPONSE IN OPPOSITION TO DATATREASURY CORPORATION'S MOTION TO COMPEL] filed by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Text of Proposed Order)(Lee, Lance)
October 23, 2006 Opinion or Order Filing 276 ORDER granting #272 Motion for Leave to File Excess Pages in the Pla's Supplemental Memorandum to its Motion to Reconsider Order Denying Motion to Consolidate (Dkt #271 ) filed on 10/13/06. Signed by Judge Caroline Craven on 10/23/06. (mpv, )
October 17, 2006 Opinion or Order Filing 275 HOTLINE ORDER RE: Discovery Questions. Signed by Judge John D. Love on 10/16/06. (mpv, )
October 16, 2006 Opinion or Order Filing 274 ORDER denying #258 Motion to Quash, denying #259 Motion to Quash, denying #260 Motion to Quash, denying #263 Motion to Quash. It is further ORDERED that the depositions will go forward as noticed unless otherwise agreed upon by the parties . Signed by Judge Caroline Craven on 10/16/06. (mpv, )
October 16, 2006 Opinion or Order Filing 273 ORDER Setting Hearing on Motion #245 MOTION for Reconsideration re #244 Order on Motion to Consolidate Cases: Motion Hearing set for 11/9/2006 03:00 PM in Ctrm 319 (Texarkana) before Judge David Folsom. Each side will be allowed 20 minutes total for argument. Signed by Judge David Folsom on 10/16/06. (mrm, )
October 16, 2006 Filing 272 MOTION for Leave to File Excess Pages (Re: Docket No. 271) by Data Treasury Corp. (Attachments: #1 Text of Proposed Order Order)(King, Richard)
October 16, 2006 Minute Entry for proceedings held before Judge John D. Love : Hotline Conference held on 10/16/2006. (Court Reporter M. Morris.) (mjm, )
October 13, 2006 Filing 271 REPLY TO RESPONSE in Support re #245 MOTION for Reconsideration re #244 Order on Motion to Consolidate Cases filed by Data Treasury Corp. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4)(King, Richard) Modified on 10/16/2006 (mpv, ). Modified on 10/23/2006 (mpv, ). FILED IN EXCESS OF PAGE LIMIT PER ORDER #276
October 11, 2006 Filing 270 SEALED PATENT RESPONSE to SEALED PATENT MOTION re #259 First MOTION to Quash Deposition of Dr. Gary Knutsen filed by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Text of Proposed Order)(Lee, Lance)
October 11, 2006 Filing 266 MOTION to Compel in Response to Defendants' Objections and Responses to Two 30(b)(6) Notices of Deposition and Subpoenas Duces Tecum served on 09.21.06 by Data Treasury Corp. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Text of Proposed Order Proposed Order)(King, Richard)
October 10, 2006 Opinion or Order Filing 265 SEVENTH AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 2/5/2007 10:00 AM before Judge David Folsom. Discovery due by 1/5/2007. Identify trial witnesses by 12/5/2006 Jury instructions due by 1/15/2007 Jury Selection set for 2/6/2007 10:00AM before Judge David Folsom. Mediation Completion due by 12/20/2006. Motions due by 1/10/2007.. Signed by Judge Caroline Craven on October 10, 2006. (rml, )
October 6, 2006 Filing 264 Joint MOTION for Entry of Seventh Amended Scheduling Order by Data Treasury Corp. (Attachments: #1 Text of Proposed Order Seventh Amended Scheduling Order)(King, Richard)
September 29, 2006 Filing 263 MOTION to Quash Billig Subpoena by Data Treasury Corp. (Attachments: #1 Exhibit 1#2 Text of Proposed Order Proposed Order)(King, Richard)
September 29, 2006 Opinion or Order Filing 262 HOTLINE ORDER . Signed by Judge Don D. Bush on 9/28/06. (mpv, )
September 29, 2006 Opinion or Order Filing 261 HOTLINE ORDER . Signed by Judge Don D. Bush on 9/28/06. (mpv, )
September 28, 2006 Filing 260 First MOTION to Quash Deposition of Maurice Freedman by Data Treasury Corp. (Attachments: #1 Exhibit 1#2 Text of Proposed Order)(King, Richard)
September 28, 2006 Filing 259 First MOTION to Quash Deposition of Dr. Gary Knutsen by Data Treasury Corp. (Attachments: #1 Exhibit 1#2 Text of Proposed Order)(King, Richard)
September 28, 2006 Filing 258 First MOTION to Quash Deposition of Sandy Fliderman by Data Treasury Corp. (Attachments: #1 Exhibit 1#2 Text of Proposed Order)(King, Richard)
September 27, 2006 Filing 257 RESPONSE in Opposition re #248 MOTION for Reconsideration re #242 Order on Sealed Patent Motion, --- [Defendant's Opposition to Plaintiff's Motion to Reconsider Order Denying (in part) Motion to Amend Plaintiff's Infringement Contentions] filed by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Text of Proposed Order)(Lee, Lance)
September 26, 2006 Opinion or Order Filing 256 MEMORANDUM ORDER granting in part and denying in part #206 Motion for Summary Judgment . Signed by Judge David Folsom on 9/26/06. (mrm, )
September 26, 2006 Opinion or Order Filing 255 MEMORANDUM ORDER denying #157 Motion for Summary Judgment, denying #162 Motion for Summary Judgment . Signed by Judge David Folsom on 9/26/06. (mrm, )
September 26, 2006 Opinion or Order Filing 254 ORDERED that the parties shall file, within 10 days from the date of entry of this Order, a joint proposed Seventh Amended Scheduling Order for the Court's signature. Signed by Judge Caroline Craven on 9/25/06. (mpv, )
September 25, 2006 Opinion or Order Filing 253 ORDER denying without prejudice to refiling #251 Motion Motion to Shorten Time for Defendants to Produce Documents or Object to Document Requests, to Shorten Time for Defendants' Response . Signed by Judge Caroline Craven on 9/25/06. (mpv, )
September 22, 2006 Opinion or Order Filing 252 ORDER granting AS MODIFIED #251 Request for telephonic hearing regarding deposition notices ORDERING that pla request for a telephonic hearing is granted as modified and that a telephone hearing on pla motion is hereby scheduled before Magistrate Judge Craven at 11:30 am on 9/25/2006 and that pla is charged with initiating the telephone conference.. Signed by Judge Caroline Craven on 9/22/2006. (sm, ) Modified on 9/25/2006 (mpv, ).
September 20, 2006 Filing 251 MOTION Shorten Time for Defendants to Produce Documents or Object To Documents Request, To Shorten The Time For Defendants' Response to This Motion and For Telephonic Hearing on or before Friday, September 22, 2006, Regarding DataTreasury Corporations 30(b)(6) Deposition Notices with Subpoena Duces Tecum by Data Treasury Corp. (Attachments: #1 Text of Proposed Order #2 Exhibit 1#3 Exhibit 2#4 Exhibit 3#5 Exhibit 4#6 Exhibit 5)(Paddock, Louis)
September 19, 2006 Filing 250 RESPONSE in Opposition re #245 MOTION for Reconsideration re #244 Order on Motion to Consolidate Cases filed by First Data Corporation, First Data Merchant Services Corporation. (Lee, Lance)
September 15, 2006 Filing 249 MOTION for Reconsideration {242} Order by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Text of Proposed Order)(Lee, Lance) Modified on 9/18/2006 (sm, ).
September 13, 2006 Filing 248 MOTION for Reconsideration re #242 Order on Sealed Patent Motion, by Data Treasury Corp. (Attachments: #1 Text of Proposed Order #1)(Bruster, Anthony)
September 13, 2006 Filing 247 NOTICE by First Data Corporation, First Data Merchant Services Corporation --- [The First Data Defendants' Objection to the August 28, 2006 Report and Recommendation of the United States Magistrate Judge [Docket No. 240] (Regarding Invalidity Issues)] (Attachments: #1 Exhibit 1#2 Text of Proposed Order)(Lee, Lance)
September 13, 2006 Filing 246 NOTICE by First Data Corporation, First Data Merchant Services Corporation --- [The First Data Defendants' Objection to the August 28, 2006 Report and Recommendation of the United States Magistrate Judge [Docket No. 240] (Regarding Non-Infringement Issues)] (Attachments: #1 Text of Proposed Order)(Lee, Lance)
September 13, 2006 Filing 245 MOTION for Reconsideration re #244 Order on Motion to Consolidate Cases by Data Treasury Corp. (Attachments: #1 Text of Proposed Order on Motion to Reconsider)(Bruster, Anthony)
August 31, 2006 Opinion or Order Filing 244 ORDER denying #228 Motion to Consolidate Cases . Signed by Judge Caroline Craven on 8/31/06. (mpv, )
August 31, 2006 Opinion or Order Filing 243 SIXTH AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 1/8/2007 10:00 AM in Ctrm 319 (Texarkana) before Judge David Folsom. Identify trial witnesses by 11/3/2006 Jury instructions due by 12/15/2006 Jury Selection set for 1/9/2007 10:00 AM in Ctrm 319 (Texarkana) before Judge David Folsom. Motions due by 11/22/2006. Proposed Pretrial Order due by 12/15/2006.. Signed by Judge Caroline Craven on 8/31/06. (mpv, )
August 31, 2006 Opinion or Order Filing 242 ORDER granting in part and denying in part #229 Sealed Patent Motion for Leave to Amend its Amended Disclosure of Asserted Claims and Infringement Contentions. It is further ORDERED that within 10 days from the date of entry of this Order, Plaintiff shall amend its Final Infringement Contentions only for the purpose of adding sufficient specificity as to CPIS. Signed by Judge Caroline Craven on 8/31/06. (mpv, )
August 29, 2006 Filing 241 REPORT AND RECOMMENDATIONS re #162 Supplemental MOTION for Summary Judgment The First Data Defendants' Supplement to Their Motion for Summary Judgment of Patent Invalidity filed by First Data Corporation,, #157 MOTION for Summary Judgment filed by First Data Corporation,, First Data Merchant Services Corporation. RECOMMENDED that The First Data Defendants' Motion for Summary Judgment of Invalidity and The First Data Defendants' Supplement to their Motion for Summary Judgment of Invalidity be DENIED. Objections to R&R due by 9/13/2006. Signed by Judge Caroline Craven on 8/29/06. (mpv, )
August 29, 2006 Filing 240 REPORT AND RECOMMENDATIONS re #206 MOTION for Summary Judgment The First Data Defendants' Motion for Summary Judgment of Non-Infringement filed by First Data Corporation,, First Data Merchant Services Corporation. RECOMMENDED that the First Data Defendants' Motion for Summary Judgment of Non-Infringement be GRANTED IN PART and DENIED IN PART. Objections to R&R due by 9/13/2006. Signed by Judge Caroline Craven on 8/28/06. (mpv, )
July 21, 2006 Filing 239 RESPONSE in Opposition re #228 MOTION to Consolidate Cases -- [Defendants' Sur-Reply in Opposition to Plaintiff's Motion for Consolidation] filed by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (Lee, Lance)
July 20, 2006 Filing 238 RESPONSE in Opposition re #229 SEALED PATENT MOTION Plaintiff's Motion for Leave to Amend its Amended Disclosure of Asserted Claims and Infringement Contentions --- [The First Data Defendants' Sur-Reply in Opposition to Plaintiff's Motion to Amend Infringement Contentions] filed by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (Lee, Lance)
July 17, 2006 Filing 237 REPLY to RESPONSE in Support re #228 MOTION to Consolidate Cases filed by Data Treasury Corp. (Rupp, Karl) Modified on 7/18/2006 (mpv, ).
July 17, 2006 Filing 236 REPLY to RESPONSE in Support re #231 MOTION for Extension of Time to File Response/Reply [Defendants' Unopposed Motion for Extension of Time in Which to File Response to Plaintiff's Motion for Leave to Amend its Amended Disclosure of Asserted Claims and Infringement Contenti filed by Data Treasury Corp. (Rupp, Karl) Modified on 7/18/2006 (mpv, ).
July 7, 2006 Filing 234 RESPONSE in Opposition re #228 MOTION to Consolidate Cases filed by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (Attachments: #1 Text of Proposed Order)(Lee, Lance)
June 28, 2006 Opinion or Order Filing 233 ORDER granting #230 Motion for Extension of Time to File Response/Reply re #228 MOTION to Consolidate Cases . Signed by Judge Caroline Craven on 6/28/06. (mpv, )
June 28, 2006 Opinion or Order Filing 232 ORDER granting #231 Motion for Extension of Time to File Response/Reply re #229 SEALED PATENT MOTION Plaintiff's Motion for Leave to Amend its Amended Disclosure of Asserted Claims and Infringement Contentions . Signed by Judge Caroline Craven on 6/28/06. (mpv, )
June 22, 2006 Filing 231 MOTION for Extension of Time to File Response/Reply [Defendants' Unopposed Motion for Extension of Time in Which to File Response to Plaintiff's Motion for Leave to Amend its Amended Disclosure of Asserted Claims and Infringement Contentions] by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Text of Proposed Order)(Lee, Lance)
June 22, 2006 Filing 230 MOTION for Extension of Time to File Response/Reply [Defendants' Unopposed Motion for Extension of Time in Which to File Response to Plaintiff's Motion to Consolidate] by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Text of Proposed Order)(Lee, Lance)
June 8, 2006 Filing 229 SEALED PATENT MOTION Plaintiff's Motion for Leave to Amend its Amended Disclosure of Asserted Claims and Infringement Contentions by Data Treasury Corp. (Attachments: #1 Exhibit #2 Text of Proposed Order)(King, Richard) Additional attachment(s) added on 6/9/2006 (sm, ).
June 8, 2006 Filing 228 MOTION to Consolidate Cases by Data Treasury Corp. (Attachments: #1 Exhibit #2 Exhibit #3 Text of Proposed Order)(King, Richard)
June 7, 2006 Filing 227 SEALED PATENT DOCUMENT DTC Surreply to FDC's SJM of Non-Infringement. (Chin, Edward)
May 30, 2006 Opinion or Order Filing 225 ORDER granting #224 Motion for Leave to File Excess Pages in dft's reply in support of motion for summary judgement . Signed by Judge Caroline Craven on May 30, 2006. (rml, )
May 26, 2006 Filing 224 MOTION for Leave to File Excess Pages [Defendants' Unopposed Motion for Leave to File Reply in Support of Motion for Summary Judgment of Non-Infringement in Excess of the Page Limit] by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (Attachments: #1 Text of Proposed Order)(Lee, Lance)
May 22, 2006 Opinion or Order Filing 223 ORDER granting #222 Motion for Extension of Time to File Response/Reply re #206 MOTION for Summary Judgment The First Data Defendants' Motion for Summary Judgment of Non-Infringement . Signed by Judge Caroline Craven on 5/22/2006. (sm, )
May 19, 2006 Filing 222 MOTION for Extension of Time to File Response/Reply [Defendants' Unopposed Motion for Extension of Time to File Reply Brief in Support of Motion for Summary Judgment of Non-Infringement] by First Data Corporation. (Attachments: #1 Text of Proposed Order)(Lee, Lance)
May 17, 2006 Filing 221 NOTICE of Attorney Appearance by Edward K Chin on behalf of Data Treasury Corp (Chin, Edward)
May 16, 2006 Opinion or Order Filing 220 ORDER denying #192 Motion for Discovery . Signed by Judge Caroline Craven on May 16, 2006. (rml, )
May 12, 2006 Opinion or Order Filing 219 ORDER granting #218 Motion for Extension of Time to File Response/Reply re #206 MOTION for Summary Judgment The First Data Defendants' Motion for Summary Judgment of Non-Infringement Replies due by 5/22/2006. Signed by Judge Caroline Craven on 5/12/06. (mpv, )
May 11, 2006 Filing 218 MOTION for Extension of Time to File Response/Reply as to #206 MOTION for Summary Judgment The First Data Defendants' Motion for Summary Judgment of Non-Infringement - Defendants' Unopposed Motion for Extension of Time in Which to File Reply in Support of Motion for Summary Judgment by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Text of Proposed Order)(Lee, Lance)
May 1, 2006 Opinion or Order Filing 213 ORDER granting #212 Motion to Amend/Correct Schedule. Signed by Judge Caroline Craven on 5/1/2006. (sm, )
April 27, 2006 Filing 212 Joint MOTION to Amend/Correct Joint Motion to Abate Schedule by First Data Corporation. (Attachments: #1 Text of Proposed Order)(Lee, Lance)
April 26, 2006 Opinion or Order Filing 211 ORDER denying #165 Motion to Stay . Signed by Judge Caroline Craven on April 26, 2006. (rml, )
April 20, 2006 Opinion or Order Filing 210 ORDER granting #209 Motion for Extension of Time to File Response to Defendants' Motion for Summary Judgment on or before 5/5/06 . Signed by Judge Caroline Craven on 4/20/06. (mpv, )
April 18, 2006 Filing 209 MOTION for Extension of Time to File Plaintiff's Response to Defendants' Motion for Summary Judgment (Unopposed) by Data Treasury Corp. (Attachments: #1 Text of Proposed Order)(Bruster, Anthony)
April 12, 2006 Filing 208 NOTICE of Attorney Appearance by Karl Anthony Rupp on behalf of Data Treasury Corp (Rupp, Karl)
April 10, 2006 Filing 207 NOTICE of Attorney Appearance by Richard Benjamin King on behalf of Data Treasury Corp (King, Richard)
April 4, 2006 Filing 206 MOTION for Summary Judgment The First Data Defendants' Motion for Summary Judgment of Non-Infringement by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Exhibit 8#9 Text of Proposed Order)(Lee, Lance)
March 29, 2006 Filing 205 REPLY to Response to Motion re #192 MOTION for Discovery on Clarification Scope and Request for an Accelerated Response Time and Ruling [The First Data Defendants' Sur-Reply to Plaintiff's Motion for Clarification filed by First Data Corporation, First Data Merchant Services Corporation. (Lee, Lance)
March 27, 2006 Filing 204 RESPONSE in Support re #192 MOTION for Discovery on Clarification Scope and Request for an Accelerated Response Time and Ruling filed by Data Treasury Corp. (Bruster, Anthony)
March 27, 2006 Filing 203 RESPONSE in Opposition re #165 MOTION to Stay (Plaintiff's Surreply to FDC's Motion to Stay) filed by Data Treasury Corp. (Bruster, Anthony)
March 27, 2006 Filing 202 MOTION for Leave to File Excess Pages as to Surreply Brief to Ds' Motion to Stay (Unopposed) by Data Treasury Corp. (Attachments: #1 Text of Proposed Order)(Bruster, Anthony)
March 22, 2006 Filing 201 RESPONSE to Motion re #192 MOTION for Discovery on Clarification Scope and Request for an Accelerated Response Time and Ruling filed by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Text of Proposed Order)(Lee, Lance)
March 22, 2006 Filing 200 SUR-REPLY IN SUPPORT to Response to Motion re #165 MOTION to Stay filed by First Data Corporation, First Data Corporation, First Data Merchant Services Corporation, Telecheck Services Inc. (Attachments: #1 Exhibit 1 #2 Exhibit 2 #3 Exhibit 3 #4 Exhibit 4 #5 Exhibit 5)(mpv, ) Modified on 3/22/2006 (mpv, ).
March 22, 2006 Opinion or Order Filing 199 ORDER granting #197 Motion for Leave to File Excess Pages in Reply in Support of Motion to Stay. Therefore, it is hereby ORDERED, ADJUDGED, and DECREED that the Clerk of the Court shall accept and file Defendants' Reply in Support of their Motion to Stay Affixed as Exhibit 1 to its Motion for Leave to file Reply in Support of Motion to Stay in Excess of the Page Limit . Signed by Judge Caroline Craven on 3/22/06. (mpv, )
March 21, 2006 Filing 198 NOTICE by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc. Notice of Compliance (Lee, Lance)
March 21, 2006 Filing 197 MOTION for Leave to File Excess Pages by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (Attachments: #1 Exhibit 1 to Motion to Exceed Page Limits#2 Exhibit 1 to Exhibit 1 [Reply in Support of Motion to Stay]#3 Exhibit 2 to Exhibit 1 [Reply in Support of Motion to Stay]#4 Exhibit 3 to Exhibit 1 [Reply in Support of Motion to Stay]#5 Exhibit 4 to Exhibit 1 [Reply in Support of Motion to Stay]#6 Exhibit 5 to Exhibit 1 [Reply in Support of Motion to Stay]#7 Text of Proposed Order)(Lee, Lance)
March 21, 2006 Opinion or Order Filing 196 ORDER granting #195 Motion for Extension of Time to File Response/Reply to motion to stay case pending outcome of patent reexamination proceedings. . Signed by Judge Caroline Craven on 3/20/2006. (sm, )
March 17, 2006 Filing 195 MOTION for Extension of Time to File Response/Reply [Defendants' Unopposed Motion for Extension of Time in Which to File Reply Brief in Support of Motion to Stay Pending Outcome of Patent Reexamination Proceedings] by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (Attachments: #1 Text of Proposed Order)(Lee, Lance)
March 14, 2006 Opinion or Order Filing 194 ORDER granting #193 Motion for Extension of Time to File Response/Reply in Support of Motion to Stay Case Pending Outcome of Patent Reexamination Proceedings . Signed by Judge Caroline Craven on 3/14/06. (mpv, )
March 13, 2006 Filing 193 MOTION for Extension of Time to File Response/Reply Defendants' Unopposed Motion for Extension of Time in Which to File Reply Brief in Support of Motion to Stay Case Pending Outcome of Patent Reexamination Proceedings by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (Attachments: #1 Text of Proposed Order)(Lee, Lance)
March 10, 2006 Filing 192 MOTION for Discovery on Clarification Scope and Request for an Accelerated Response Time and Ruling by Data Treasury Corp. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5)(Bruster, Anthony) Proposed Order added on 3/13/2006 (mpv, ). Modified on 3/13/2006 (mpv, ).
March 7, 2006 Opinion or Order Filing 191 ORDER granting #190 Motion for Extension of Time to File Response/Reply re #165 MOTION to Stay pending outcome of Patent Reexamination Proceedings. Signed by Judge Caroline Craven on 3/6/06. (mpv, )
March 2, 2006 Filing 190 MOTION for Extension of Time to File Response/Reply Defendants' Unopposed Motion for Extension of Time to File Reply in Support of Motion to Stay Case Pending Outcome of Patent Reexamination Proceedings by First Data Corporation. (Attachments: #1 Text of Proposed Order)(Lee, Lance)
March 1, 2006 Filing 189 Additional Attachments to Main Document: #185 Response in Opposition to Motion,.. (Attachments: #1 Supplement)(Bruster, Anthony)
March 1, 2006 Opinion or Order Filing 188 FIFTH AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 9/5/2006 10:00 AM in Ctrm 319 (Texarkana) before Judge David Folsom. Amended Pleadings due by 4/28/2006. Discovery due by 5/5/2006. Identify trial witnesses by 6/23/2006 Jury instructions due by 8/7/2006 Jury Selection set for 9/6/2006 10:00 AM in Ctrm 319 (Texarkana) before Judge David Folsom. Motions due by 7/24/2006. Proposed Pretrial Order due by 8/7/2006. Signed by Judge Caroline Craven on 3/1/06. (mpv, )
March 1, 2006 Opinion or Order Filing 187 ORDER granting #186 Motion to Withdraw #172 MOTION Defendants' Motion to Extend the Pre-trial and Trial Schedule and for Protective Order . Signed by Judge Caroline Craven on 3/1/06. (mpv, )
February 28, 2006 Filing 186 MOTION to Withdraw #172 MOTION Defendants' Motion to Extend the Pre-trial and Trial Schedule and for Protective Order (REPLACES #180) Defendants' Unopposed Motion to Withdraw Without Prejudice to Refiling Their Motion to Extend the Pre-trial and Trial Schedule and for Protective Order by First Data Corporation. (Attachments: #1 Text of Proposed Order)(Lee, Lance) Modified on 2/28/2006 (mpv, ).
February 27, 2006 NOTICE of Deficiency regarding #180 MOTION to Withdraw 172 MOTION Defendants' Motion to Extend the Pre-trial and Trial Schedule and for Protective Order Defendants' Motion to Withdraw Without Prejudice to Refiling Their Motion to Extend the Pre-Trial and Trial Schedule and for Protective Order submitted by First Data Corporation, First Data Merchant Services Corporation. No Certificate of Conference. Correction should be made by 2/28/06 (mpv, )
February 27, 2006 Filing 185 RESPONSE in Opposition re #165 MOTION to Stay filed by Data Treasury Corp. (Attachments: #1 Text of Proposed Order #2 Exhibit #3 Exhibit #4 Exhibit #5 Exhibit #6 Exhibit #7 Exhibit #8 Exhibit #9 Exhibit #10 Exhibit #11 Exhibit #12 Exhibit #13 Exhibit)(Bruster, Anthony)
February 27, 2006 Filing 184 REPLY to Response to Motion re #162 Supplemental MOTION for Summary Judgment The First Data Defendants' Supplement to Their Motion for Summary Judgment of Patent Invalidity, #157 MOTION for Summary Judgment filed by First Data Corporation, First Data Merchant Services Corporation. (mpv, )
February 27, 2006 Opinion or Order Filing 183 ORDER granting #178 Motion for Leave to File Excess Pages in Defendant's Reply in Support of Motion for Summary Judgment. It is further ORDEREd that the Clerk of the Court shall accept and file Dft's reply in support of motion for summary affixed as Exhibit "A" to its Motion for leave to file reply in support of motion for summary judgment in excess of the page limit. Signed by Judge Caroline Craven on 2/27/06. (mpv, )
February 27, 2006 Filing 182 NOTICE of Disclosure by Data Treasury Corp (Pltfs 2-23-06 Supplemental) (Hohn, Edward)
February 27, 2006 Opinion or Order Filing 181 ORDER granting #177 Motion to Exceed Page Limitations . Signed by Judge Caroline Craven on 2/27/06. (mpv, )
February 27, 2006 Filing 180 ***FILED IN ERROR; PLEASE IGNORE; DEFICIENT DOCUMENT; NO CERTIFICATE OF CONFERENCE; ATTY MUST REFILE*** MOTION to Withdraw #172 MOTION Defendants' Motion to Extend the Pre-trial and Trial Schedule and for Protective Order Defendants' Motion to Withdraw Without Prejudice to Refiling Their Motion to Extend the Pre-Trial and Trial Schedule and for Protective Order by First Data Corporation. (Attachments: #1 Text of Proposed Order)(Lee, Lance) Modified on 2/28/2006 (mpv, ).
February 27, 2006 Filing 179 Joint MOTION to Amend/Correct #140 Scheduling Order, Joint Motion for Entry of Fifth Amended Docket Control Order by First Data Corporation. (Attachments: #1 Text of Proposed Order)(Lee, Lance)
February 24, 2006 Filing 178 MOTION for Leave to File Excess Pages by First Data Corporation. (Attachments: #1 Text of Proposed Order #2 Exhibit A)(Lee, Lance)
February 23, 2006 Filing 177 MOTION to Exceed Page Limitations (Unopposed) by Data Treasury Corp. (Attachments: #1 Text of Proposed Order)(Bruster, Anthony)
February 22, 2006 Opinion or Order Filing 176 ORDER granting #175 Motion for Extension of Time to File Response/Reply re #162 Supplemental MOTION for Summary Judgment The First Data Defendants' Supplement to Their Motion for Summary Judgment of Patent Invalidity, #157 MOTION for Summary Judgment Replies due by 2/24/2006. Signed by Judge Caroline Craven on 2/21/06. (mpv, )
February 17, 2006 Filing 175 MOTION for Extension of Time to File Response/Reply Agreed Motion for Extension of Time in Which to File Reply in Support of Motion for Summary Judgment by First Data Corporation. (Attachments: #1 Text of Proposed Order)(Lee, Lance)
February 16, 2006 Opinion or Order Filing 174 ORDER granting #173 Motion for Extension of Time to File response to Defendants' motion to stay. Therefore, Plaintiff's response to Defendants' Motion to Stay will be due on or before 2/27/06. Signed by Judge Caroline Craven on 2/16/06. (mpv, )
February 15, 2006 Filing 173 MOTION for Extension of Time to File Plaintiff's Response to Defendants' Motion to Stay (Unopposed) by Data Treasury Corp. (Attachments: #1 Text of Proposed Order)(Bruster, Anthony)
February 10, 2006 Filing 172 ***WITHDRAWN PER ORDER #187 *** MOTION Defendants' Motion to Extend the Pre-trial and Trial Schedule and for Protective Order by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Exhibit L#13 Exhibit M#14 Exhibit N#15 Exhibit O#16 Exhibit P#17 Exhibit Q#18 Text of Proposed Order)(Lee, Lance) Modified on 3/1/2006 (mpv, ).
February 9, 2006 Opinion or Order Filing 171 ORDER granting #170 Motion for Extension of Time to File Response/Reply re #162 Supplemental MOTION for Summary Judgment The First Data Defendants' Supplement to Their Motion for Summary Judgment of Patent Invalidity, #157 MOTION for Summary Judgment Replies due by 2/17/2006.. Signed by Judge Caroline Craven on 2/9/06. (mpv, )
February 7, 2006 Filing 170 MOTION for Extension of Time to File Response/Reply Agreed Motion to Extend Time in Which to File Reply in Support of Motion for Summary Judgment by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Text of Proposed Order)(Lee, Lance)
January 31, 2006 Filing 168 RESPONSE to Motion re #157 MOTION for Summary Judgment of Invalidity, #162 Supplemental MOTION for Summary Judgment of Invalididy The First Data Defendants' Supplement to Their Motion for Summary Judgment of Patent Invalidity filed by Data Treasury Corp. (Attachments: #1 Exhibit Statement of Disputed Facts #2 Exhibit A Declaration of Professor John E. Hiles #3 Exhibit B Consent Orders (EXHIBIT C FILED UNDER SEAL) #4 Exhibit D '988 part 2 #5 Exhibit E '137 part 1 #6 Exhibit E '137 part 2 #7 Exhibit F #8 Exhibit G #9 Exhibit H #10 Exhibit I #11 Text of Proposed Order)(mpv, )
January 31, 2006 Opinion or Order Filing 167 ORDER granting #166 Motion for Leave to File Excess Pages . Signed by Judge Caroline Craven on 1/31/06. (mpv, )
January 30, 2006 Filing 166 MOTION for Leave to File Excess Pages for Resp for SJM by Data Treasury Corp. (Attachments: #1 Text of Proposed Order MT Exceed Page Limit PO#2 Exhibit DTC Resp to FDCsSJM#3 Exhibit DTC St of Dispute Facts#4 Exhibit EX A Hiles Dec#5 Exhibit EX B Consent Orders#6 Exhibit EX D '988 part 2#7 Exhibit Ex E'137 part 1#8 Exhibit Ex E '137 part 2#9 Exhibit EX F#10 Exhibit EX G#11 Exhibit EX H#12 Exhibit EX I#13 Exhibit SJM PO)(Cooper, Rodney)
January 30, 2006 Filing 165 MOTION to Stay by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Text of Proposed Order)(Lee, Lance)
January 17, 2006 Filing 164 NOTICE of Disclosure by Data Treasury Corp Plaintiff's 1-12-06 Supplemental (Hohn, Edward)
January 13, 2006 Filing 163 APPLICATION to Appear Pro Hac Vice by Attorney Franklin D Kang for Telecheck Services, Inc.; First Data Corporation; First Data Merchant Services Corporation(rml, )
January 13, 2006 Pro Hac Vice Filing fee paid by Franklin Kang; Fee: $25, receipt number: 5-1-411 (rml, )
January 10, 2006 ***FILED IN ERROR. Document # 161, MOTION to Amend/Correct 157 MOTION for Summary Judgment The First Data Defendants' Supplement to Their Motion for Summary Judgment of Patent Invalidity by First Data Corporation. DOCKETED INCORRECTLY; PLEASE IGNORE. REPLACED BY #162 *** (mpv, )
January 10, 2006 Filing 162 Supplemental MOTION for Summary Judgment The First Data Defendants' Supplement to Their Motion for Summary Judgment of Patent Invalidity (REPLACES #161) by First Data Corporation. (Attachments: #1 Exhibit 1#2 Exhibit 2)(Lee, Lance) Modified on 1/11/2006 (mpv, ).
January 10, 2006 Filing 161 ***FILED IN ERROR; PLEASE IGNORE; DOCKETED INCORRECTLY; ATTY WILL REFILE CORRECTLY REPLACED BY #162 *** MOTION to Amend/Correct #157 MOTION for Summary Judgment The First Data Defendants' Supplement to Their Motion for Summary Judgment of Patent Invalidity by First Data Corporation. (Attachments: #1 Exhibit 1#2 Exhibit 2)(Lee, Lance) Modified on 1/11/2006 (mpv, ).
January 10, 2006 Opinion or Order Filing 160 ORDER granting #159 Motion To Alter the Due Date for Pla's Response to Dfts' Motion for Summary Judgment on Patent Invalidity and Dfts' Reply to that Response. Pla's response to Dfts' Motion for Summary Judgment on Patent Invalidity Due 1/30/06. Dft's Reply to Pla's Response due 2/6/06. Signed by Judge Caroline Craven on 1/10/06. (mpv, )
January 9, 2006 Filing 159 MOTION (Unopposed) to Alter Due Date of P's Response re #157 MOTION for Summary Judgment by Data Treasury Corp. (Attachments: #1 Text of Proposed Order)(Bruster, Anthony)
January 6, 2006 Filing 158 NOTICE by First Data Corporation, First Data Merchant Services Corporation Notice of Firm's Name Change (Lee, Lance)
January 4, 2006 Filing 157 MOTION for Summary Judgment of Patent Invalidity by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Exhibit A#2 Exhibit B#3 Text of Proposed Order)(mpv, )
January 4, 2006 Opinion or Order Filing 156 ORDER granting #146 Motion for Leave to File Excess Pages. Therefore, it is hereby ORDERED, ADJUDGED and DECREED that Dfts' Unopposed Motion for Leave to File Motion for Summary Judgment in Excess of Page Limit is GRANTED. It is further ORDERED that the Clerk of the Court shall accept and file Dfts' Motion for Summary Judgment affixed as Exhibit "A" to its Unopposed Motion for LEave to File Motion for Summary Judgment in Excess of Page Limit. Signed by Judge Caroline Craven on 1/4/06. (mpv, )
January 3, 2006 Filing 155 Additional Attachments to Main Document: #146 MOTION for Leave to File Excess Pages Defendants' Unopposed Motion for Leave to File Motion for Summary Judgment in Excess of Page Limit.. (Attachments: #1 Exhibit 7 to Motion for Summary Judgment#2 Text of Proposed Order for Motion for Summary Judgment)(Lee, Lance)
January 3, 2006 Filing 154 Additional Attachments to Main Document: #146 MOTION for Leave to File Excess Pages Defendants' Unopposed Motion for Leave to File Motion for Summary Judgment in Excess of Page Limit.. (Lee, Lance)
January 3, 2006 Filing 153 Additional Attachments to Main Document: #146 MOTION for Leave to File Excess Pages Defendants' Unopposed Motion for Leave to File Motion for Summary Judgment in Excess of Page Limit.. (Attachments: #1 Exhibit 5 (part 3) to Motion for Summary Judgment)(Lee, Lance)
January 3, 2006 Filing 152 Additional Attachments to Main Document: #146 MOTION for Leave to File Excess Pages Defendants' Unopposed Motion for Leave to File Motion for Summary Judgment in Excess of Page Limit.. (Attachments: #1 Exhibit 4 (part 4) to Motion for Summary Judgment#2 Exhibit 5 (part 1) to Motion for Summary Judgment)(Lee, Lance)
January 3, 2006 Filing 151 Additional Attachments to Main Document: #146 MOTION for Leave to File Excess Pages Defendants' Unopposed Motion for Leave to File Motion for Summary Judgment in Excess of Page Limit.. (Attachments: #1 Exhibit 4 (part 2) to Motion for Summary Judgment)(Lee, Lance)
January 3, 2006 Filing 150 Additional Attachments to Main Document: #146 MOTION for Leave to File Excess Pages Defendants' Unopposed Motion for Leave to File Motion for Summary Judgment in Excess of Page Limit.. (Attachments: #1 Exhibit 3 (part 2) to Motion for Summary Judgment)(Lee, Lance)
January 3, 2006 Filing 149 Additional Attachments to Main Document: #146 MOTION for Leave to File Excess Pages Defendants' Unopposed Motion for Leave to File Motion for Summary Judgment in Excess of Page Limit.. (Attachments: #1 Exhibit 2 for Motion for Summary Judgment)(Lee, Lance)
January 3, 2006 Filing 148 Additional Attachments to Main Document: #146 MOTION for Leave to File Excess Pages Defendants' Unopposed Motion for Leave to File Motion for Summary Judgment in Excess of Page Limit.. (Attachments: #1 Errata C (part 2) to Motion for Summary Judgment#2 Errata C (part 3) to Motion for Summary Judgment)(Lee, Lance)
January 3, 2006 Filing 147 Additional Attachments to Main Document: #146 MOTION for Leave to File Excess Pages Defendants' Unopposed Motion for Leave to File Motion for Summary Judgment in Excess of Page Limit.. (Attachments: #1 Exhibit B (part 3) to Motion for Summary Judgment)(Lee, Lance)
January 3, 2006 Filing 146 MOTION for Leave to File Excess Pages Defendants' Unopposed Motion for Leave to File Motion for Summary Judgment in Excess of Page Limit by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Exhibit to Motion for Leave#2 Exhibit A to Motion for Summary Judgment#3 Exhibit B tp Motion for Summary Judgment#4 Text of Proposed Order)(Lee, Lance)
December 22, 2005 Opinion or Order Filing 145 ORDER granting #144 Motion for Extension of Time to File Summary Judgment motion . Signed by Judge Caroline Craven on December 22, 2005. (rml, )
December 21, 2005 Filing 144 MOTION for Extension of Time to File Motion for Summary Judgment by First Data Corporation. (Attachments: #1 Text of Proposed Order)(Lee, Lance)
December 13, 2005 Filing 143 APPLICATION to Appear Pro Hac Vice by Attorney Carissa A Tener for Telecheck Services, Inc.; First Data Corporation and First Data Merchant Services Corporation. (mpv, )
December 13, 2005 Pro Hac Vice Filing fee paid by Carissa A Tener; Fee: $25, receipt number: 5-1-382 (mpv, )
September 9, 2005 Filing 142 SEALED NOTICE OF COMPLIANCE by Data Treasury Corp (sm, ) (sm, ).
July 21, 2005 Filing 141 NOTICE of Attorney Appearance by Eric Miller Albritton on behalf of Data Treasury Corp (Albritton, Eric)
March 14, 2005 Opinion or Order Filing 140 FOURTH AMENDED DOCKET CONTROL/SCHEDULING ORDER: Final Pretrial Conference reset for 7/10/2006 10:00 AM in Ctrm 319 (Texarkana) before Judge David Folsom. Jury Selection reset for 7/11/2006 10:00 AM in Ctrm 319 (Texarkana) before Judge David Folsom. JOINT Proposed Pretrial Order due by 5/31/2006; court's claim construction ruling is 3/1/2005; Conclusion of Invalidity Discovery is 12/8/2005.. Signed by Judge Caroline Craven on 3/14/2005. (sm, )
March 4, 2005 Filing 139 Joint MOTION Joint Motion for Entry of 4th Amended Docket Control Order by Data Treasury Corp, First Data Corporation. (Attachments: #1 Text of Proposed Order)(Lee, Lance)
March 1, 2005 Opinion or Order Filing 138 MEMORANDUM ORDER; The Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct. Therefore, the Court hereby adopts the Report of the United States Magistrate Judge as the findings and conclusions of this Court. Signed by Judge David Folsom on 2/28/05. (mrm, )
February 17, 2005 Opinion or Order Filing 137 ORDERED that the parties shall file, within 15 days from the date of entry of this Order, a joint proposed Fourth Amended Docket Control Order for the Court's signature. Signed by Judge Caroline Craven on 2/17/05. (mpv, )
February 1, 2005 Filing 136 NOTICE by Data Treasury Corp of Plaintiff's Supplemental Submission for 1-20-05 Hearing on Objections to Report and Recommendation of Magistrate (Attachments: #1 Exhibit)(Hohn, Edward)
January 31, 2005 Filing 135 TRANSCRIPT of Proceedings/Objections to Magistrate's Report and Recommendation held on 1/20/05 before Judge David Folsom. Court Reporter: Libby Crawford. (mpv, )
January 20, 2005 Filing 134 Minute Entry for proceedings held before Judge David Folsom : Hearing on Objections to R&R held on 1/20/2005. (Court Reporter Libby Crawford.) (mrm, )
January 20, 2005 Filing 133 APPLICATION to Appear Pro Hac Vice by Attorney Edward G Poplawski for Telecheck Services, Inc.; First Data Corporation; First Data Merchant Services Corporation; Telecheck Services, Inc. (rml, )
January 20, 2005 Filing 132 Amended APPLICATION to Appear Pro Hac Vice by Attorney Jeffrey A Finn. (rml, )
January 20, 2005 Filing 131 APPLICATION to Appear Pro Hac Vice by Attorney Jeffrey A Finn for Telecheck Services, Inc.; First Data Corporation; First Data Merchant Services Corporation; Telecheck Services, Inc. (rml, )
January 20, 2005 Pro Hac Vice Filing fee paid by Jeffrey Finn; Fee: $25, receipt number: 629703 (rml, )
January 20, 2005 Pro Hac Vice Filing fee paid by Edward Poplawski; Fee: $25, receipt number: 629710 (rml, )
January 5, 2005 Opinion or Order Filing 130 ORDER setting a hearing re #118 Report and Recommendations; in case # 5:02cv95 #155 ; in case # 5:02cv124 214 ; Hearing set for 1/20/2005 10:00 AM in Ctrm 319 (Texarkana) before Judge David Folsom. (each side shall have 30 mins) The Court has also rescheduled the management conference for cause # 2:03cv459 and 2:03cv85. Signed by Judge David Folsom on 1/5/05. (mrm, )
December 13, 2004 Filing 129 RESPONSE to #119 Objection to Report and Recommendations, Plaintiff's Supplemental Response to Defendant First Data's Objections to Judge Craven's November 2, 2004 Report and Recommendation by Data Treasury Corp. (Bruster, Anthony)
December 10, 2004 Filing 128 RESPONSE to #126 Response to Non-Motion Replaces Docket # 127--First Data Defendants' Reply in Support of Their Opposition to Judge Craven's Nov. 2 Report & Recommendation by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (Chen, Li)
December 10, 2004 ***FILED IN ERROR - PLEASE IGNORE - EVENT DOCKETED IS INCORRECT WILL BE REFILED WITH CORRECT DOCKET EVENT. Document # 127, Appellant's Reply Brief. PLEASE IGNORE.*** (sm, )
December 9, 2004 Filing 127 FILED IN ERROR - IGNORE DOCUMENT DUE TO EVENT DOCKETED WAS INCORRECT - Appellant's REPLY BRIEF by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (Chen, Li) Modified on 12/10/2004 (sm, ).
December 2, 2004 Filing 126 RESPONSE to #119 Objection to Report and Recommendations, of First Data Corporation by Data Treasury Corp. (Attachments: #1 Exhibit)(Hohn, Edward)
November 30, 2004 Filing 125 RESPONSE to #121 Objection to Report and Recommendations by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Exhibit '988#2 Exhibit Nov. 2 Report and Recommendation#3 Exhibit Cert. File History of '988, selected pages)(Chen, Li)
November 29, 2004 Opinion or Order Filing 124 ORDER withdrawing #120 Motion to Strike #120 MOTION to Strike Objections to Report and Recommendations filed by Ingenico Inc., and First Data Corporation, granting #123 Motion to Withdraw #120 MOTION to Strike Objections to Report and Recommendations filed by Ingenico Inc., and First Data Corporation . Signed by Judge Caroline Craven on 11/29/04. (mpv, )
November 24, 2004 Filing 123 MOTION to Withdraw #120 MOTION to Strike Objections to Report and Recommendations filed by Ingenico Inc., and First Data Corporation by Data Treasury Corp. (Attachments: #1 Text of Proposed Order)(Hohn, Edward)
November 19, 2004 Filing 122 NOTICE by Data Treasury Corp re #120 MOTION to Strike Objections to Report and Recommendations filed by Ingenico Inc., and First Data Corporation to Withdraw Motion to Strike (Hohn, Edward)
November 19, 2004 Filing 121 OBJECTION to #118 Report and Recommendations by U.S. Magistrate by Data Treasury Corp. (Attachments: #1 Exhibit)(Hohn, Edward)
November 18, 2004 Filing 120 MOTION to Strike Objections to Report and Recommendations filed by Ingenico Inc., and First Data Corporation by Data Treasury Corp. (Attachments: #1 Exhibit #2 Text of Proposed Order)(Hohn, Edward) Modified on 11/29/2004 (mpv, ). ***WITHDRAWN PER #124***
November 17, 2004 Filing 119 OBJECTION to #118 Report and Recommendations of November 2, 2004 by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4)(Chen, Li)
November 2, 2004 Filing 118 REPORT AND RECOMMENDATIONS re Complaint. Objections to R&R due by 11/12/2004. Signed by Judge Caroline Craven on 11/2/2004. (sm, )
September 20, 2004 Opinion or Order Filing 117 ORDER granting #78 Motion to Compel and within fifteen days following its receipt of copioes of First Data's document production pla shall supplement pla disclosure, denying #104 Motion to Compel, denying #105 Motion to Compel and FURTHER ORDERING that within fifteen days from date of entry of this order First Data shall ship the entire production of documents to Sidley Austin Brown & Wood Dallas office and reserve conference room for pla inspection team comprised only of outside litigation counsel and their staff. . Signed by Judge Caroline Craven on 9/20/2004. (sm, )
September 20, 2004 Opinion or Order Filing 116 ORDER granting #86 Motion to Compel to the extent it has not already done so and pla shall produce to First Data Dfts within five days from date of entry of this order pla 12/18/2002 Technology Tutorial in original format, denying as moot #86 Motion to shorten pla response time . Signed by Judge Caroline Craven on 9/20/2004. (sm, )
September 20, 2004 ***FILED IN ERROR DUE TO EXCEEDS PAGE LIMIT. Document # 115, Reply. PLEASE IGNORE.*** (sm, )
September 17, 2004 Filing 115 REPLY to Response to Motion re #105 MOTION to Compel Plaintiff's Compliance with Court Order and for Protective Order filed by Data Treasury Corp. (Attachments: #1 Exhibit One - Correspondence)(Bruster, Anthony)
September 13, 2004 Filing 114 REPLY to Response to Motion re #105 MOTION to Compel Plaintiff's Compliance with Court Order and for Protective Order The First Data Defendants' Reply in Support of Defendants' August 13, 2004 Motion to Compel Plaintiff's Compliance with Court Order filed by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (Chen, Li)
September 2, 2004 Filing 113 RESPONSE to Motion re #105 MOTION to Compel Plaintiff's Compliance with Court Order and for Protective Order filed by Data Treasury Corp. (Attachments: #1 Exhibit)(Bruster, Anthony)
August 30, 2004 Filing 112 RESPONSE to Motion re #104 MOTION to Compel filed by First Data Corporation. (Attachments: #1 #2 #3 #4 #5 #6 #7 #8 #9 #10 #11 #12 #13)(Chen, Li)
August 27, 2004 Opinion or Order Filing 111 ORDER granting #110 Motion for Extension of Time to File Response/Reply re #105 MOTION to Compel Plaintiff's Compliance with Court Order and for Protective Order . Signed by Judge Caroline Craven on 8/27/04. (mrm, )
August 26, 2004 Filing 110 UNOPPOSED MOTION for Extension of Time to File Response as to #105 MOTION to Compel Plaintiff's Compliance with Court Order and for Protective Order by Data Treasury Corp. (Attachments: #1 Text of Proposed Order)(sm, )
August 24, 2004 Opinion or Order Filing 109 ORDER granting #108 Motion for Extension of Time to File Response/Reply re #104 MOTION to Compel . Signed by Judge Caroline Craven on 8/24/2004. (sm, )
August 23, 2004 Filing 108 UNOPPOSED MOTION for Extension of Time to File Response as to #104 MOTION to Compel by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Text of Proposed Order)(sm, )
August 17, 2004 Opinion or Order Filing 107 ORDER denying #106 Motion to Expedite. The First Data Dfts' motion to compel compliance with Court Order and for Protective Order #105 is not of such an urgent nature to justify expedited briefing. The Court denies the First Data Dfts' request fro an expedited briefing schedule. DataTreasury shall file its response to the First Data Dfts' motion to compel compliance with Court Order and for Protective Order on or before 8/27/04 . Signed by Judge Caroline Craven on 8/17/04. (mpv, )
August 13, 2004 Filing 106 MOTION to Expedite Plaintiff's Response to the First Data Defendants' Motion to Compel Plaintiff's Compliance with Court Order and for Protective Order by First Data Corporation, First Data Merchant Services Corporation,Telecheck Services, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Chen, Li) Modified on 8/16/2004 (mpv, ).
August 13, 2004 Filing 105 MOTION to Compel Plaintiff's Compliance with Court Order and for Protective Order by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Text of Proposed Order Proposed Order)(Chen, Li)
August 4, 2004 Filing 104 MOTION to Compel Dfts to produce all documents responsive to DataTreasury's requests for production by Data Treasury Corp. (Attachments: #1 Text of Proposed Order)(mpv, )
July 14, 2004 Filing 103 Minute Entry for proceedings held before Judge Caroline Craven : Markman Hearing held on 7/13/2004. (Court Reporter Pat Works.) (lford, )
July 13, 2004 Filing 102 APPLICATION to Appear Pro Hac Vice by Attorney James E Wright for Telecheck Services, Inc.; First Data Corporation and First Data Merchant Services Corporation. (mpv, )
July 13, 2004 Pro Hac Vice Filing fee paid by James E Wright II; Fee: $25, receipt number: 102449 (mpv, )
July 8, 2004 Filing 101 CLAIM CONSTRUCTION SUR-REPLY to #75 Brief by J.P. Morgan Chase & Co and J.P. Morgan Chase Bank. (mpv, )
July 8, 2004 Filing 100 NOTICE OF SUBSTITUTED EXHIBIT "A" by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc. re #74 Joint Claim Construction Brief and Prehearing Statement (mpv, )
July 7, 2004 Filing 99 RESPONSE/SUPPLEMENTAL SUBMISSION IN SUPPORT OF DFTS" JOINT CLAIM CONSTRUCTION BRIEF to #84 Brief by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (mpv, )
July 2, 2004 Filing 98 REPLY to Response to Motion re #78 MOTION to Compel compliance with the Docket Control Order # 25 filed by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (mpv, )
June 29, 2004 Filing 97 REPLY to Response to Motion re #79 MOTION to Compel responses to interrogatories filed by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (mpv, )
June 29, 2004 Filing 96 REPLY IN SUPPORT to Response to Motion re #86 MOTION to Compel MOTION MOTION filed by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (mpv, )
June 29, 2004 Opinion or Order Filing 95 ORDER granting #79 Motion to Compel responses to interrogatories . Signed by Judge Caroline Craven on 6/29/04. (mpv, )
June 28, 2004 Filing 94 RESPONSE to Motion re #86 MOTION to Compel MOTION; MOTION to shorten response time filed by Data Treasury Corp. (mpv, )
June 28, 2004 Opinion or Order Filing 93 ORDER sua sponte CONCERNING CLAIM CONSTRUCTION HEARING. The second phase of the claim construction hearing is scheduled for 7/13/04 and 7/14/04 and will continue through 7/14/04 only if necessary. The hearing will begin at 9:00 a.m., and it will be conducted in the Fourth Floor Courtroom unless otherwise notified. At the hearing, the Pla is limited to 5 hours and the combined Dfts are limited to 5 hours. This time includes any opening statements, direct examination, cross examination, and closing statements.. Signed by Judge Caroline Craven on 6/28/04. (mpv, )
June 25, 2004 Filing 92 RESPONSE/REPLY to #91 Brief, #82 Brief, #84 Brief by Data Treasury Corp. (Attachments: #1 Exhibit A-C#2 Exhibit D-I)(mpv, )
June 24, 2004 Filing 91 SUPPLEMENTAL SUBMISSION IN SUPPORT OF DFTS' JOINT CLAIM CONSTRUCTION BRIEF filed by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (mpv, )
June 23, 2004 Opinion or Order Filing 90 ORDER granting #89 Motion for Extension of Time to File Response/Reply to Dft's JP Morgan Chase & Co and JP Morgan Chase Bank Responsive Claim Construction Brief and Dft's Igenico, et al and Dft's First Data et al Joint Claim Construction Brief. The Court finds that good cause exists to extend the response deadline and ORDERS that Pla's Reply Brief is due at the end of the business day on 6/25/04 . Signed by Judge Caroline Craven on 6/23/04. (mpv, )
June 22, 2004 Filing 89 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #82 Brief, #84 Brief by Data Treasury Corp. (Attachments: #1 Text of Proposed Order)(mpv, )
June 22, 2004 Filing 88 RESPONSE to Motion re #78 MOTION to Compel compliance with the Docket Control Order # 25 filed by Data Treasury Corp. (mpv, )
June 22, 2004 Filing 87 RESPONSE to Motion re #79 MOTION to Compel responses to interrogatories filed by Data Treasury Corp. (mpv, )
June 22, 2004 Filing 86 MOTION to Compel Pla's production of Datatreasury's 12/18/02 Technology Tutorial, and MOTION to shorten Pla's response time by First Data Corporation, First Data Merchant Services Corporation, Telecheck Services, Inc.. (Attachments: #1 Text of Proposed Order #2 Text of Proposed Order)(mpv, )
June 22, 2004 Opinion or Order Filing 85 ORDER granting #80 Motion for Extension of Time to File Markman Brief. It is further ORDERED that Separate Dfts' Markman Brief is due by the close of business on 6/11/04. Signed by Judge Caroline Craven on 6/22/04. (mpv, )
June 14, 2004 Opinion or Order Filing 83 ORDER granting #77 Motion for Extension of Time to File Response/Reply Dfts' responsive Claim Construction Briefs and Pla's reply brief re #75 Brief Responses due by 6/9/2004 Replies due by 6/23/2004.. Signed by Judge Caroline Craven on 6/13/04. (mpv, )
June 11, 2004 Filing 84 DFT'S JOINT CLAIM CONSTRUCTION BRIEF filed by First Data Corporation, First Data Merchant Services Corporation, Microbilt Corp, Telecheck Services, Inc.. (mpv, )
June 9, 2004 Filing 82 RESPONSIVE CLAIM CONSTRUCTION BRIEF filed by JP Morgan Chase & Co and JP Morgan Chase Bank. ( EXHIBITS NOT SCANNED DUE TO VOLUMINOUS). (mpv, )
June 9, 2004 Filing 81 MOTION for Leave to File Excess Pages to file Responsive Claim Construction Brief by J P Morgan Chase & Co and J P Morgan Chase Bank. (Rec'd Copy) . (Attachments: #1 Text of Proposed Order)(mpv, )
June 9, 2004 Filing 80 MOTION for Extension of Time to File Markman Brief by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Text of Proposed Order)(mpv, )
June 8, 2004 Filing 79 MOTION to Compel responses to interrogatories by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Text of Proposed Order)(mpv, )
June 8, 2004 Filing 78 MOTION to Compel compliance with the Docket Control Order # 25 by First Data Corporation, First Data Merchant Services Corporation. (Attachments: #1 Text of Proposed Order)(mpv, )
June 4, 2004 Filing 77 MOTION for Extension of Time to File Response/Reply as to #75 Brief; Dfts' responsive claim construction briefs and Pla's reply brief by Data Treasury Corp, First Data Corporation, First Data Merchant Services Corporation, Microbilt Corp, Telecheck Services, Inc.. (Attachments: #1 Text of Proposed Order)(mpv, )
June 2, 2004 Filing 76 NOTICE of Attorney Appearance by Michael Chad Trammell on behalf of Data Treasury Corp (sm, )
May 17, 2004 Filing 75 PLA'S OPENING BRIEF ON CLAIM CONSTRUCTION filed by Data Treasury Corp. (Exhibits I & U will be filed later as a supplemental brief) (Attachments: #1 Exhibit B-U)(mpv, )
May 14, 2004 Filing 74 JOINT CLAIM CONSTRUCTION BRIEF AND PREHEARING STATEMENT filed by Data Treasury Corp, First Data Corporation, Telecheck Services, Inc.. (mpv, )
March 29, 2004 Opinion or Order Filing 73 ORDER granting #72 Motion for Leave to File/Substitute page 24 to reply in support of Pla's opening Claim Construction brief on 35 USC 112(6) doc #21 (clerk substituted page 24 in doc #21). Signed by Judge Caroline Craven on 3/29/04. (mpv, )
March 26, 2004 Filing 72 UNOPPOSED MOTION for Leave to File/Substitute page 24 of Reply in support of Opening Claim Construction Brief on 35 USC 112(6) by Data Treasury Corp. (rec'd copy) (mpv, )
March 22, 2004 Opinion or Order Filing 71 THIRD AMENDED SCHEDULING ORDER: (1)On or before 4/14/04 Parties are to meet and confer to discuss additional Claim Construction Proceedings in Light of the Court's Rulings on the Applicability of 35 USC 112(6); (2) All parties exchange supplemental Preliminary Claim Construction based on the Court's Rulings on the Applicability of 35 USC 112(6) by 4/26/04 ; (3) All parties jointly file Joint Claim Construction and Prehearing Statement by 5/10/04 ; (4) Patentee Files Opening Claim Construction Brief on Additional Claim Construction Issues by 5/17/04 ; (5) Accused Infringer Files Responsive Claim Construction Issues by 6/7/04 ; (6) Patentee Files Reply Brief on Additional Claim Construction Issues by 6/21/04 ; (7) Hearing on Additional Claim Constructions Issues on 7/13/04 and 7/14/04, if necessary. It is further ORDERED that all deadlines contained in the prior docket control orders in each captioned matter are vacated and that the Court will enter an additional docket control order following conslusion of the upcoming claim construction hearing.. Signed by Judge Caroline Craven on 3/22/04. (mpv, )
February 19, 2004 Opinion or Order Filing 70 ORDER terminating (per law clerk) 9 Motion for ruling on the inapplicability of 35 USC 112(6) Re #50 Report and Recommendations, #59 objections to Report and Recommendations by First Data, First Data Merchant, Telecheck, and Microbilt Corp, #60 Objections to Report and Recommendations by DataTreasury Corp It is hereby ORDERED that Pla's objections are sustained and Dfts' objections are overruled.. Signed by Judge David Folsom on 2/19/04. (mpv, )
January 30, 2004 Filing 69 Notice of attorney appearance for Data Treasury Corp in 5:03-cv-00039 by Rodney Allyn Cooper (mpv)
January 23, 2004 Filing 68 Notice of attorney appearance for Data Treasury Corp in 5:03-cv-00039 by Brady Paddock (mpv)
January 16, 2004 Filing 67 Notice of attorney appearance for Data Treasury Corp in 5:03-cv-00039 by Anthony Kyle Bruster (sm)
October 30, 2003 Opinion or Order Filing 66 ORDER granting [63-1] motion for Michael Shore and Alfonzo Chan to withdraw as attorney (Terminated attorney Alfonso Garcia Chan for Data Treasury Corp in 5:03-cv-00039, attorney Michael Wayne Shore for Data Treasury Corp in 5:03-cv-00039, attorney Alfonso Garcia Chan for Data Treasury Corp in 5:03-cv-00039, attorney Michael Wayne Shore for Data Treasury Corp in 5:03-cv-00039, attorney Michael Wayne Shore for Data Treasury Corp in 5:03-cv-00039 ( signed by Magistrate Judge Caroline M. Craven ) cc: pty attys of record 10/30/03 (mpv)
October 30, 2003 Opinion or Order Filing 65 ORDER granting [64-1] motion to dismiss intervention ( signed by Magistrate Judge Caroline M. Craven ) cc: pty attys of record 10/30/03 (mpv)
October 29, 2003 Filing 64 MOTION by Shore Deary L.L.P. in 5:03-cv-00039 to dismiss intervention (mpv)
October 29, 2003 Filing 63 MOTION by Data Treasury Corp in 5:03-cv-00039 for Michael Shore and Alfonzo Chan to withdraw as attorney (mpv)
October 22, 2003 Terminated document #22 per #26 (mpv)
October 1, 2003 Filing 62 Response by First Data Corp in 5:03-cv-00039, First Data Merchant in 5:03-cv-00039, Telecheck Services in 5:03-cv-00039, Microbilt Corp in 5:03-cv-00039 to [60-1] objection to R&R on the applicability of 35 USC 112(6) (mpv)
October 1, 2003 Opinion or Order Filing 61 ORDER granting [57-1] motion to strike [54-1] objection to R&R on the Aplicability of 35 USC 112(6) ORDERED that Intervenor's Objections to the R&R on the Applicability of 35 USC 112(6) #54 is STRICKEN. ( signed by Judge David Folsom ) cc: pty attys of record 10/2/03 (mpv)
October 1, 2003 Terminated document #54 Stricken per #61 (mpv)
September 16, 2003 Filing 60 Objections by Data Treasury Corp in 5:03-cv-00039 to [50-1] report and recommendations (mpv)
September 16, 2003 Filing 59 Objections by First Data Corp in 5:03-cv-00039, First Data Merchant in 5:03-cv-00039, Telecheck Services in 5:03-cv-00039, Microbilt Corp in 5:03-cv-00039 to [50-1] report and recommendations (mpv)
September 15, 2003 Opinion or Order Filing 58 ORDER denying [52-1] motion to modify [49-1] order ( signed by Magistrate Judge Caroline M. Craven ) cc: pty attys of record 9/15/03 (mpv)
September 12, 2003 Filing 57 MOTION by First Data Corp in 5:03-cv-00039, First Data Merchant in 5:03-cv-00039, Telecheck Services in 5:03-cv-00039, Microbilt Corp in 5:03-cv-00039 to strike [54-1] objection to R&R on the Aplicability of 35 USC 112(6) (mpv)
September 8, 2003 Opinion or Order Filing 56 ORDER granting [55-1] motion to extend time to file objections to R&R, Objections reset to 9/16/03 for [50-1] report and recommendations (Per motion) ( signed by Magistrate Judge Caroline M. Craven ) cc: pty attys of record 9/8/03 (mpv)
August 29, 2003 Filing 55 Joint MOTION by Data Treasury Corp in 5:03-cv-00039, First Data Corp in 5:03-cv-00039, First Data Merchant in Telecheck Services in 5:03-cv-00039 to extend time to file objections to R&R (mpv)
August 28, 2003 Filing 54 Objections with exhibits A-S (exhibits not scanned) by Shore Deary LLP in 5:03-cv-00039 to [50-1] report and recommendations STRICKEN PER ORDER #61 (mpv) Modified on 10/02/2003
August 28, 2003 Filing 53 Intervenor's complaint by Shore Deary L.L.P. to case(s) 5:03-cv-00039, against Data Treasury Corp in 5:03-cv-00039, First Data Corp in 5:03-cv-00039, First Data Merchant in 5:03-cv-00039, Telecheck Services in 5:03-cv-00039, Microbilt Corp in 5:03-cv-00039 (Filed in Response to Order #49) (mpv)
August 22, 2003 Filing 52 MOTION by Shore Deary LLP in 5:03-cv-00039 to modify [49-1] order (mpv)
August 22, 2003 Filing 51 Notice of attorney appearance for Shore Deary LLP in 5:03-cv-00039 by William G Whitehill (mpv)
August 19, 2003 Filing 50 Report and Recommendations of Magistrate Judge Caroline M. Craven on the applicability of 35 USC 112 Objections to R and R due by 8/29/03 cc: attys of record 8/20/03 (sm)
August 18, 2003 Opinion or Order Filing 49 ORDER granting in part, denying in part [34-1] motion to intervene by Shore Deary LLP Granting motion with limitations such as Shore may not make any discovery requests or any active role in discovery, motions practice or trial and has the right to receive copies of materials filed with Court but Court will rule later on participation in mediation and FURTHER ORDERED that Shore Deary within 10 days from entry of this order supplement its motion to intervene as required by Federal Rule of Civ Procedures 24c ( signed by Magistrate Judge Caroline M. Craven ) cc: attys of record 8/19/03 (sm)
August 14, 2003 Opinion or Order Filing 48 SEVERANCE ORDER For Purposes of Administration ORDERING that pla motion for sanctions, for TRO and Shore Deary's motion to unseal pla motion for sanctions and TRO are severed for purposes of administration and FURTHER ORDERED that severed action shall be assigned a separate miscellaneous number which is 5:03mc3 and the style of the misc case shall be DataTreasury Corp movant v Michael Shre and Shore Deary respondents ( signed by Magistrate Judge Caroline M. Craven ) cc: attys of record 8/14/03 (sm)
August 14, 2003 Terminated documents #41,42, #45 per #48 order (sm)
August 12, 2003 Opinion or Order Filing 47 ORDER granting [43-1] motion to extend time to responde to Shore*Deary LLP's motion to intervene, Response to motion reset to 8/12/03 for [34-1] motion to intervene by Shore Deary LLP ( signed by Magistrate Judge Caroline M. Craven ) cc: pty attys of record 8/13/03 (mpv)
August 12, 2003 Filing 46 Response by Ingenico S.A., Ingenico Inc to [34-1] motion to intervene by Shore Deary LLP (mpv)
August 11, 2003 Filing 45 SEALED MOTION to unseal motion for sanctions and TRO (mpv) (sm, ).
August 11, 2003 Filing 44 SEALED DOCUMENT (Shore Deary's response to motion for TRO and Motion for Sanctions) (mpv) (sm, ).
August 7, 2003 Filing 43 MOTION by Ingenico S.A., Ingenico Inc to extend time to responde to Shore*Deary LLP's motion to intervene (mpv)
August 4, 2003 Filing 42 SEALED MOTION by pla for TRO (sm) (sm, ).
August 4, 2003 Filing 41 SEALED MOTION by pla for sanctions (sm) (sm, ).
August 4, 2003 Opinion or Order Filing 40 ORDER granting [38-1] motion to seal motion for TRO and sanctions ( signed by Magistrate Judge Caroline M. Craven ) cc: attys of record 8/5/03 (sm)
August 4, 2003 Filing 39 Response by Data Treasury Corp to [34-1] motion to intervene by Shore Deary LLP (sm)
August 4, 2003 Filing 38 MOTION by Data Treasury Corp to seal motion for TRO and sanctions (rec motion) (sm) Modified on 08/05/2003
August 4, 2003 Filing 37 Notice of attorney appearance for Data Treasury Corp by Thomas John Ward Jr, Eric Miller Albritton (sm)
August 4, 2003 Filing 36 Reply by Shore Deary LLP to response to [34-1] motion to intervene by Shore Deary LLP (ktd)
July 31, 2003 Filing 35 Response by First Data Corp to [34-1] motion to intervene by Shore Deary LLP (sm)
July 23, 2003 Filing 34 MOTION to intervene by Shore Deary LLP (mpv)
June 18, 2003 Filing 33 Transcript of Hearing held before Magistrate Judge Caroline Craven on 6/4/03 filed . Court Reporter: Dee Ann Adkins ( 214 pages) (mpv)
June 4, 2003 Filing 32 Witness list of 1st Preliminary Claim Hearing held before U. S. Magistrate Judge Caroline M. Craven (lf) Additional attachment(s) added on 7/25/2005 (mpv, ).
June 4, 2003 Filing 31 Exhibit list of 1st Preliminary Claim Hearing held before U. S. Magistrate Judge Caroline M. Craven (lf) Additional attachment(s) added on 7/25/2005 (mpv, ).
June 4, 2003 Filing 30 Minutes Re: 1st Preliminary Claim Hearing held before U. S. Magistrate Judge Caroline M. Craven (lf) Additional attachment(s) added on 7/25/2005 (mpv, ).
June 4, 2003 Hearing held re: 1st Preliminary Claim Hearing before Magistrate Judge Caroline M. Craven (lf)
May 29, 2003 Filing 29 Fax noticing receipt of Order #28 to attorney Alfonso Garcia Chan for counter-defendant Data Treasury Corp, Elton Joe Kendall for counter-defendant Data Treasury Corp, James Patrick Bradley for counter-claimant Telecheck Services, Damon Young for defendant Telecheck Services 5/29/03 various times. (mpv)
May 28, 2003 Opinion or Order Filing 28 ORDER CONCERNING CLAIM CONSTRUCTION HEARING ORDERED sua sponte. The first phase of the claim construction hearing will be held on 6/4/03. The hearing will begin at 9:00, and it will be onducted in the 4th Flr Ctrm unless otherwise notified. At the hearing, the Pla is limited to 4 hours and the combined Dfts are limited to 4 hours. This time includes any opening statements, direct examination, cross examination, and closing statements. ( signed by Magistrate Judge Caroline M. Craven ) cc: pty attys of record 5/29/03 (mpv)
May 12, 2003 Filing 27 Affidavit of Engagement by Danny Williams Re: [24-1] order (mpv)
May 9, 2003 Opinion or Order Filing 26 Docket Control Order setting Amend pleadings by 4/12/04 for Microbilt Corp, for Telecheck Services, for First Data Merchant, for First Data Corp, for Data Treasury Corp ; Identify trial witnesses by 5/21/04 for Microbilt Corp, for Telecheck Services, for First Data Merchant, for First Data Corp, 5/17/04 for Data Treasury Corp Expert witness list by 4/16/04 for Microbilt Corp, for Telecheck Services, for First Data Merchant, for First Data Corp, for Data Treasury Corp ; Deadline for filing of all motions 5/25/04 for Microbilt Corp, for Telecheck Services, for First Data Merchant, for First Data Corp, for Data Treasury Corp ; Pretrial order to be submitted on or before 6/4/04 for Microbilt Corp, for Telecheck Services, for First Data Merchant, for First Data Corp, for Data Treasury Corp ; Jury selection begins at 6/8/04 Jury instructions due by 6/4/04 for Microbilt Corp, for Telecheck Services, for First Data Merchant, for First Data Corp, for Data Treasury Corp ; Final pretrial conference at 6/7/04 for Microbilt Corp, for Telecheck Services, for First Data Merchant, for First Data Corp, for Data Treasury Corp ( signed by Magistrate Judge Caroline M. Craven ) cc: attys of record 05/09/03 (sm)
May 8, 2003 Opinion or Order Filing 24 ORDER Appointing Danny Williams as Technical Advisor on this case ( signed by Magistrate Judge Caroline M. Craven ) cc: attys of record 5/9/03 (sm)
May 7, 2003 Filing 25 Fax noticing receipt of 23 to attorney Alfonso Garcia Chan for counter-defendant Data Treasury Corp, James Patrick Bradley for counter-claimant Telecheck Services, Damon Young for defendant Telecheck Services 05/07/03 16:39. (lf)
May 7, 2003 Filing 23 Notice of Rescheduling of 1st Preliminary Claim Hearing for June 4, 2003 at 9:00 in Arkansas Courtroom before U. S. Magistrate Judge Caroline M. Craven (lf)
April 25, 2003 Filing 22 Joint MOTION by Data Treasury Corp, First Data Corp, First Data Merchant, Telecheck Services, Microbilt Corp for entry of docket control order (mpv)
April 21, 2003 Filing 21 Response (reply in support of its opening claim construction brief) by Data Treasury Corp to [9-1] brief (sm)
April 21, 2003 Faxed info from Judge Craven to all attorneys of record (proof of faxed receipts filed in 5:02cv95 #55) (sm)
April 11, 2003 Filing 20 Notice of attorney appearance for First Data Corp, First Data Merchant, Telecheck Services by Damon Young, Lance Lee, John Michael Pickett (sm)
April 10, 2003 Filing 19 Fax noticing receipt of Order #18 to attorney Alfonso Garcia Chan for counter-defendant Data Treasury Corp, Elton Joe Kendall for counter-defendant Data Treasury Corp, Michael Wayne Shore for counter-defendant Data Treasury Corp, James Patrick Bradley for counter-claimant Telecheck Services 4/10/03 various times. (mpv)
April 10, 2003 Opinion or Order Filing 18 ORDER granting [10-1] motion to suspend response period for replying to Pla's motion seeking a ruling on the inapplicability of 35 USC 112(6), granting [4-1] motion to participate in the claim constructions hearings scheduled for 4/23/03 and 8/11/03, terminating [4-2] motion for expedited scheduling conference First Data and Pla shall submit an agreed proposed docket control order to the Court on or before 4/21/03. ( signed by Magistrate Judge Caroline M. Craven ) cc: pty attys of record 4/10/03 (mpv)
April 8, 2003 Filing 17 Transcript of Status Hearing held on 4/1/03 before The Honorable Caroline M Craven filed . Court Reporter: Libby Crawford ( 30 pages) (mpv)
April 4, 2003 Filing 16 Responsibe claim constuction Brief addressing 35 USC 112(6) of Dfts, counterclaim-Plaintiffs First Data Corporation, First Data Merchant Services Corporation, and Telecheck Services, Inc d/b/a Telecheck International, Inc filed by First Data Corp, First Data Merchant, Telecheck Services (mpv)
April 1, 2003 Filing 13 Minutes Re: Status Conference held before U. S. Magistrate Judge Caroline M. Craven (Court Reporter: Libby Crawford) (lf)
April 1, 2003 Status conference held before Magistrate Judge Caroline M. Craven (lf)
March 31, 2003 Filing 15 Reply by First Data Corp, First Data Merchant, Telecheck Services, Microbilt Corp to response to [10-1] motion to suspend response period for replying to Pla's motion seeking a ruling on the inapplicability of 35 USC 112(6) (mpv)
March 31, 2003 Filing 14 Reply by First Data Corp, First Data Merchant, Telecheck Services, Microbilt Corp to response to [4-1] motion to participate in the claim constructions hearings scheduled for 4/23/03 and 8/11/03 (mpv)
March 25, 2003 Filing 12 Response in Opposition by Data Treasury Corp to [4-1] motion to participate in the claim constructions hearings scheduled for 4/23/03 and 8/11/03 (mpv) Modified on 03/26/2003
March 25, 2003 Filing 11 Response by Data Treasury Corp to [10-1] motion to suspend response period for replying to Pla's motion seeking a ruling on the inapplicability of 35 USC 112(6) (mpv)
March 24, 2003 Filing 10 MOTION by First Data Corp, First Data Merchant, Telecheck Services, Microbilt Corp to suspend response period for replying to Pla's motion seeking a ruling on the inapplicability of 35 USC 112(6) (mpv)
March 18, 2003 Filing 9 Claim Construction Brief (with exhibits A-M not scanned) filed by Data Treasury Corp (mpv)
March 18, 2003 Opinion or Order Filing 8 ORDER granting [5-1] motion to exceed page limitation to file motion seeking a ruling on the inapplicability of 35 USC 112(6) and claim construction brief ( signed by Magistrate Judge Caroline M. Craven ) cc: pty attys of record 3/18/03 (mpv)
March 18, 2003 Filing 7 Fax noticing receipt of Order #6 to attorney Alfonso Garcia Chan for counter-defendant Data Treasury Corp, Elton Joe Kendall for counter-defendant Data Treasury Corp, James Patrick Bradley for counter-claimant Telecheck Services 3/18/03 various times. (mpv)
March 17, 2003 Opinion or Order Filing 6 ORDER sua sponte all three of the Data Treasury cases involve the same Data Treasury patents. The Court believes a conference with counsel in all of the pending litigations involving the Data Treasury patents will help resolve a number of procedural issues and pending motions. The Court would like to discuss, among other things, combining the cases for purposes of the Claim Construction Hearing only. Accordingly, the Court hereby schedules a conference in the above-referenced cause of action on Tuesday, 4/1/03 at 10:00. The conference will be conducted at the US District Court, 500 N Stateline Ave, Third Floor Courtroom, Texarkana, TX. ( signed by Magistrate Judge Caroline M. Craven ) cc: pty attys of record 3/18/03 (mpv)
March 17, 2003 Filing 5 Unopposed MOTION by Data Treasury Corp to exceed page limitation to file motion seeking a ruling on the inapplicability of 35 USC 112(6) and claim construction brief (Rec'd copy of motion and brief) (mpv)
March 17, 2003 Filing 4 MOTION by First Data Corp to participate in the claim constructions hearings scheduled for 4/23/03 and 8/11/03 , and for expedited scheduling conference (mpv)
March 3, 2003 Received Sealed Doc #6 of original file from Northern District of Texas, Dallas Division (mpv)
February 21, 2003 Filing 3 Form mailed to Commissioner of Patents and Trademarks. (mpv)
February 21, 2003 First Amended complaint by Data Treasury Corp , amending [0-1] complaint (mpv)
February 21, 2003 Opinion or Order Filing 2 Standing ORDER 5:98-3 referring case to Magistrate Judge Caroline M. Craven (copy file sent 2/21/03) ( signed by Judge David Folsom ) cc: pty attys of record 2/21/03 (mpv)
February 21, 2003 Filing 1 Original file, certified copy of transfer order and docket sheet received from District of Northern Texas, Dallas Division case #3:02cv2429 (mpv) (Additional attachment(s) added on 11/15/2017: #1 Appendix to Plaintiff's Original Complaint filed in Northern District) (sm, ).
February 21, 2003 Demand for jury trial by Data Treasury Corp (mpv)
February 21, 2003 Original Complaint filed. Cause: 28:1338 Patent Infringement (Filing fee $150.00; Receipt #187282) (mpv)
February 21, 2003 Answer to original complaint by First Data Corp, First Data Merchant, Telecheck Services (mpv)
February 21, 2003 Counterclaim by First Data Corp, First Data Merchant, Telecheck Services against Data Treasury Corp (mpv)
February 21, 2003 Magistrate consent forms mailed to Data Treasury Corp, First Data Corp, First Data Merchant, Telecheck Services (mpv)
February 21, 2003 Demand for jury trial by Data Treasury Corp, First Data Corp, First Data Merchant, Telecheck Services (mpv)

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Search for this case: Data Treasury Corp v. First Data Corp, et al
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Plaintiff: Data Treasury Corp
Represented By: Alfonso Garcia Chan
Represented By: Karl Anthony Rupp
Represented By: Edward K Chin
Represented By: Edward Lewis Hohn
Represented By: Elton Joe Kendall
Represented By: Eric M. Albritton
Represented By: Kenneth Edward Shore
Represented By: Michael Wayne Shore
Represented By: Anthony Kyle Bruster
Represented By: Johnny Ward, Jr
Represented By: Louis Brady Paddock
Represented By: Michael Chad Trammell
Represented By: Richard Benjamin King
Represented By: Rodney Allyn Cooper
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Intervenor plaintiff: Shore Deary L.L.P.
Represented By: Nicholas H Patton
Represented By: William G Whitehill
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Defendant: First Data Corporation
Represented By: James Patrick Bradley
Represented By: Lance Lee
Represented By: Li Chen
Represented By: Damon Michael Young
Represented By: Edward G Poplawski
Represented By: Franklin Devin Kang
Represented By: Jeffrey A Finn
Represented By: Carissa A Tener
Represented By: James E Wright, II
Represented By: John Michael Pickett
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Defendant: First Data Merchant Services Corporation
Represented By: Damon Michael Young
Represented By: Edward G Poplawski
Represented By: Franklin Devin Kang
Represented By: James Patrick Bradley
Represented By: Jeffrey A Finn
Represented By: Carissa A Tener
Represented By: James E Wright, II
Represented By: John Michael Pickett
Represented By: Lance Lee
Represented By: Li Chen
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Defendant: Telecheck Services, Inc. doing business as Telecheck International, Inc.
Represented By: Damon Michael Young
Represented By: Edward G Poplawski
Represented By: Franklin Devin Kang
Represented By: James Patrick Bradley
Represented By: Jeffrey A Finn
Represented By: Carissa A Tener
Represented By: James E Wright, II
Represented By: John Michael Pickett
Represented By: Lance Lee
Represented By: Li Chen
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Defendant: Microbilt Corp
Represented By: Li Chen
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Petitioner: Ingenico S.A.
Represented By: William David Carter, Sr
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Petitioner: Ingenico Inc
Represented By: William David Carter, Sr
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Petitioner: Shore Deary LLP
Represented By: Nicholas H Patton
Represented By: William G Whitehill
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Amicus curiae: Danny Williams
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