Patent Case Watch

Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest
E.D. Tex.

Datatern, Inc. v. Bank of america Corporation et al, No. 5:08-cv-00070 (E.D. Tex. Oct. 23, 2008)

Granted
Motion to Dismiss
Court
U.S. District Court for the Eastern District of Texas, Texarkana Division
Case No.
No. 5:08-cv-00070, Dkt. No. 138
Decided
October 23, 2008
Judge
See opinion
Document
Order
Docket Entry
ORDER granting 133 Motion to Dismiss ;ORDERED, ADJUDGED AND DECREED that all claims and counterclaims asserted in this suit between Plaintiff and Defendants Visa Inc. and Visa USA Inc., are hereby dismissed with prejudice and all countercla…
Length
1 page
Download Opinion (PDF)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

TEXARKANA DIVISION

DATATERN, INC.

Plaintiff, Civil Action No. 5:08-CV-00070-DF v. JURY TRIAL DEMANDED

BANK OF AMERICA CORPORATION, ET

AL

Defendants.

ORDER OF DISMISSAL WITH PREJUDICE

In consideration of the parties’ Stipulated Motion for Dismissal of all claims prejudice and all counterclaims as moot asserted between plaintiff, DataTern, Inc., and Defendants Visa, Inc. and Visa USA, Inc., the Stipulated Motion for Dismissal is GRANTED, and it is ORDERED, ADJUDGED AND DECREED that all claims and counterclaims asserted in this suit between Plaintiff and Defendants Visa Inc. and Visa USA Inc., are hereby dismissed with prejudice and all counterclaims are dismissed as moot, subject to the terms of that certain agreement entitled “SETTTLEMENT AGREEMENT” dated October 13, 2008. It is further ORDERED that all attorneys’ fees and costs are to be borne by the party that incurred them.

Text extracted from the official PDF and reflowed for reading. It is not a certified transcript — the PDF linked above is the authoritative document.

Analysis is coming soon.

A plain-English account of the issues, facts and holding, written by Patent Case Watch. The opinion itself — its full text, its PDF and everything else on this page — stays free to read for everyone, always.

Cite this opinion

Datatern, Inc. v. Bank of america Corporation et al, No. 5:08-cv-00070 (E.D. Tex. Oct. 23, 2008).

govinfo ID
USCOURTS-txed-5_08-cv-00070-0
Permalink
https://patentcasewatch.com/opinions/USCOURTS-txed-5_08-cv-00070-0

No reporter citation is shown because the official source does not supply one; none is inferred here. Check the opinion and a citator before relying on this form.

Source: govinfo.gov USCOURTS collection · retrieved July 25, 2026 · Report an error

Other documents in this case