UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`BLOOMBERG INC.; BLOOMBERG L.P.;
`BLOOMBERG FINANCE L.P.;
`THE CHARLES SCHWAB CORPORATION;
`CHARLES SCHWAB & CO., INC.;
`E*TRADE FINANCIAL CORPORATION; E*TRADE SECURITIES LLC;
`E*TRADE CLEARING LLC; OPTIONSXPRESS HOLDINGS INC.;
`OPTIONSXPRESS, INC.; TD AMERITRADE HOLDING CORP.;
`TD AMERITRADE, INC.; TD AMERITRADE IP COMPANY, INC.; and
`THINKORSWIM GROUP INC.
`Petitioners,
`
`v.
`
`MARKETS-ALERT PTY LTD.
`Patent Owner.
`____________
`
`Case CBM2013-00005 (JYC)
`Patent 7,941,357
`____________
`
`
`
`
`
`
` Before JAMESON LEE, SALLY C. MEDLEY, and JONI Y. CHANG,
`Administrative Patent Judges.
`
`
`
`PATENT OWNER MARKETS-ALERT
`SUBSTITUTE MOTION TO AMEND
`
`
`

`
`Case No. CBM2013-00005 (JYC)
`Patent 7,941,357
`
`
`On March 29, 2013, the Board issued its Decision, Institution Of Covered
`
`Business Method Patent Review (“Decision”) on the Petition For Post-Grant
`
`Review Of A Covered Business Method (“CBM Review”) Under 35 U.S.C. §321
`
`and §18 (“Petition”). The Board granted CBM Review of Claims 1-4 of U.S.
`
`Patent No. 7,941,357 (“‘357 Patent”) on four grounds:
`
`(i.) Whether the ‘357 Patent is anticipated by PCT Publication No. WO
`00/11587, Mar. 2, 2000 (“Satow”) (Ex. 1004) under 35 U.S.C. §102;
`
`
`(ii.) Whether the ‘357 Patent is anticipated by Product Review:
`TradeStation 4.0 Build 15, Stocks & Commodities, Dec. 1996 at 649
`(“S&C Review”) (Ex. 1005) under 35 U.S.C. §102;
`
`
`(iii.) Whether the ‘357 Patent is anticipated by AIQ Opening Bell Monthly,
`Vol. 8 Issue 10, October 1999 (“Opening Bell”) (Ex. 1014) under 35
`U.S.C. §102; and
`
`
`(iv.) Whether the ‘357 Patent is obvious under 35 U.S.C. §103 over U.S.
`Patent No. 5,954,793, Sep. 21, 1999 (“Stutman”) (Ex. 1015) and
`Opening Bell.
`
`
`Decision at 40. All other grounds were denied. Id.
`
`Pursuant to the Board’s Scheduling Order (No. 19), Order, Conduct of the
`
`Proceedings (No. 22), and 37 C.F.R. §42.221, Patent Owner Markets-Alert Pty.
`
`Ltd. (“Markets-Alert”) hereby moves to amend the ‘357 Patent.
`
`I.
`
`INTRODUCTION
`
`The ‘357 Patent currently contains originally issued Claims 1-4 (“Original
`
`Claims”). Pursuant to 37 C.F.R. §42.221 (a), Markets-Alert hereby cancels Claims
`
`1
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`

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`Case No. CBM2013-00005 (JYC)
`Patent 7,941,357
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`1-4 and adds new Claims 5-8 (“New Claims”) in order to more particularly point
`
`out the claimed invention and the distinctions over the prior art references cited in
`
`this proceeding. Only one substitute claim has replaced each challenged claim.
`
`All of the subject matter in the New Claims are fully supported by the original and
`
`earlier-filed disclosures of the ‘357 Patent. Although some of the original
`
`language has been rephrased to clarify the claim structure and remove ambiguities,
`
`none of the amendments or substitutions enlarges the scope of the originally issued
`
`claims or introduces new subject matter. New Claim 5 and its dependent claims,
`
`New Claims 6 and 7, include all of the substantive limitations of Original Claim 1.
`
`New Claim 8 includes all of the structural and functional limitations of Original
`
`Claim 1 and further recites system elements within the original scope of the ‘357
`
`Patent. Pursuant to 37 C.F.R. §42.221 (a), the amendment is responsive to grounds
`
`(i) to (iv) of the Decision because it distinguishes the claimed invention over the
`
`cited references. As set forth in greater detail in Markets-Alert’s Response
`
`submitted concurrently, Markets-Alert respectfully submits that New Claims 5-8
`
`are allowable over the cited references.
`
`Therefore, Markets-Alert respectfully requests the Board to grant this
`
`Motion to Amend and conduct these proceedings based on the New Claims.
`
`II. CLAIM LISTING
`
`Pursuant to 37 C.F.R. §42.221 (b), a claim listing showing the changes is set
`
`2
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`Case No. CBM2013-00005 (JYC)
`Patent 7,941,357
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`forth below. Claims 1-4 are cancelled. New Claims 5-8 are proposed as substitute
`
`claims. For the Board’s convenient reference, the language in New Claims 5-8 that
`
`was not previously contained in the original claims is underlined.
`
`(new – proposed substitute claim) A real-time method of providing
`5.
`technical analysis and notification of stock market events comprising the steps of:
`
`receiving real-time stock market data on a provider’s network of computers,
`which is server-based, scalable and redundant;
`
`receiving watch data specified by a user on the provider’s network of
`computers, from a user system in remote communication with the provider’s
`network of computers, wherein the user-specified watch data comprises a request
`to apply more than one technical analysis formula for predicting price trends based
`on market action and defines a valid stock market event;
`applying the user-specified watch data to the real-time stock market data as
`the real-time stock market data is received by the provider’s network of computers
`to determine if the valid stock market event has occurred; and
`generating a notification in real-time when the valid stock market event has
`been determined to have occurred by the provider’s network of computers, wherein
`the notification is provided in real-time by the provider’s network of computers to
`a remote communication device of the user.
`
`(new – proposed substitute claim) The method of Claim 5 further
`6.
`comprising the steps of:
`
`updating a cache of stock market data on a data server on the provider’s
`network of computers in real time;
`applying the technical analysis formula to the cache of stock market data on
`the provider’s network of computers based on the user-specified watch data to
`generate a technical analysis indicator;
`updating the technical analysis indicator in real-time as stock market data is
`received; and
`determining in real-time as the stock market data is received if the valid
`stock market event has occurred based on the technical analysis indicator and user-
`specified watch data.
`
`3
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`Case No. CBM2013-00005 (JYC)
`Patent 7,941,357
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`
`
`(new – proposed substitute claim) The method of Claim 6 wherein
`7.
`the step of generating the real-time notification further comprises the step of:
`including in the real-time notification a live link between the user’s remote
`communication device and the provider’s network of computers, to enable the user
`to provide an instruction for a stock market transaction from the notification.
`
`(new – proposed substitute claim) A real-time system for providing
`8.
`technical analysis and notification of stock market events comprising:
`
`a network guardian, which comprises one or more switches, for receiving
`watch data specified by a user from a user system in remote communication with
`the system and for routing and load balancing across the system, wherein the user-
`specified watch data comprises a request to apply more than one technical analysis
`formula for predicting price trends based on market action and defines a valid
`stock market event;
`a history database subsystem, which comprises one or more history clients,
`for receiving, storing and distributing stock market data in real-time, throughout
`the system;
`an alert managing subsystem, which comprises one or more alert clients and
`is networked to the history database subsystem by the network guardian, for
`requesting the stock market data from the history clients in accordance with the
`user-specified watch data, for applying technical analysis in real-time to the stock
`market data to determine if the valid stock market event has occurred in
`accordance with the user-specified watch data, and for generating a notification in
`real-time when the valid stock market event has been determined to have occurred;
`and
`
`an output connector, which is networked to the alert managing subsystem by
`the network guardian, for providing the notification in real-time to a remote
`communication device of the user.
`
`III. SUPPORTING DISCLOSURE
`
`Pursuant to 37 C.F.R. §42.221 (b), each of New Claims 5-8 is fully
`
`supported by the original and earlier-filed disclosures of the ‘357 Patent, including
`
`U.S. Application No. 10/415,022, PCT Publication No. WO 02/35400A1, and
`
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`Case No. CBM2013-00005 (JYC)
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`Australian Application No. 2001100512A4.1
`
`A. New Claim 5
`
`The language not previously contained in the Original Claims include
`
`“provider’s” and “which is server-based, scalable and redundant,” with respect to
`
`the network of computers. In its Decision, the Board construed “network of
`
`computers” to mean “a plurality of interconnected computers… includ[ing] any
`
`number of computers connected together to communicate which includes a PC
`
`connected to the Internet, which itself is a network of computers.” Decision at 15.
`
`However, the Original Claims were never intended to cover such an overly broad
`
`scope for network of computers, as evidenced by the embodiments described in the
`
`specification, e.g., Figures 1 and 2, and the prosecution history.
`
`In response to the Board’s claim construction, New Claim 5 explicitly
`
`recites that the network of computers is a server-based, scalable and redundant
`
`infrastructure provided by a provider of the claimed system. The amended
`
`language excludes a third-party personal computer (PC) connected to the Internet
`
`by itself or just the Internet in general, as comprised by multiple third-party PCs.
`
`That is, while a third-party PC connected to the Internet or multiple, inter-
`
`
`1 As the Board rejected all of the 35 U.S.C. § 112 challenges by Petitioners against the Original
`Claims, Decision at 23-26, Markets-Alert hereby demonstrates the support for the New Claims
`with respect to the claim language not previously contained in the Original Claims (as shown in
`the Claim Listing), as supported by the Declaration of Neal Goldstein (“Goldstein Decl.”) (Ex.
`2023).
`
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`networked third-party PCs may be part of, connected to, or in communication with
`
`the claimed network of computers, they do not by themselves constitute the
`
`claimed network of computers. This clarifying language is fully supported by the
`
`specification of the ‘357 Patent, which describes that a “provider” receives the
`
`stock market data on a network of computers and provides the various
`
`functionalities recited in the claim. See e.g., Ex. 2001 at Col. 1:55-65.
`
`The ‘357 Patent also describes “[a] plurality of integrated and related
`
`systems… provided to achieve information transfer” comprising a “server switch
`
`box,” “exchange data server,” and “drone computers” connected in a scalable and
`
`redundant fashion to allow the server infrastructure and its various components to
`
`be scaled up or down as needed, and ensure high availability, as further illustrated
`
`in network configurations shown in Figures 1 and 2. Ex. 2001 at Cols. 2:26-47,
`
`3:1-15 and 3:65-67; Ex. 2023 at ¶73. “Any switches main job is keeping the
`
`network free from traffic bouncing between many erroneous servers before getting
`
`to its destination. Switchboxes are also used to apply ‘load balancing’ to
`
`components of the network which are connected to it.” Ex. 2001 at Col. 4:21-27.
`
`Figure 1 shows a Server Switch Box 2 networked to Drone Computers 3
`
`according to one aspect of the invention. Data is sent to the Drone Computers and
`
`messages are sent from the Switch Box to the SMS Server. Figure 2 shows an
`
`extended embodiment in which a series of History Clients and Alert Clients are
`
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`networked by Switch #1. An Alert Manager manages the Alert Clients. The
`
`Guardian balances the network across Switches #1 and #2. Ex. 2001 at Col. 4:4-9.
`
`The network of computers is therefore server-based. In addition, the configuration
`
`and interconnection of the elements and components of the network teaches a
`
`person of ordinary skill in the art that the network may be scaled up or down as
`
`needed and provides redundancy, which leads to high availability. Ex.2023 at ¶74.
`
`Thus, the specification supports a network of computers provided by a provider,
`
`which is server-based, scalable and redundant.
`
`New Claim 5 also recites “more than one technical analysis formula for
`
`predicting price trends based on market action.” In its decision, the Board
`
`construed “technical analysis” to mean “any analysis of price and volume” and
`
`“technical analysis formula” to mean the “corresponding formula to perform the
`
`technical analysis,” Decision at 18-19, including determining that “price and
`
`volume are met or matched” for buy and sell orders, Decision at 28. However, the
`
`Original Claims were never intended to cover such an overly broad scope for
`
`technical analysis.
`
`In response to the Board’s claim construction, New Claim 5 explicitly
`
`recites that technical analysis requires more than just any analysis of price and
`
`volume. Technical analysis is a term of art and would be understood by a person
`
`of ordinary skill in the art to require using a technical analysis formula on data
`
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`(such as price and/or volume) to predict price trends based on market action, in an
`
`analytical fashion. Ex. 2027 at 1; Ex. 2023 at ¶40. Here, prediction requires an
`
`analytical approach to predicting price trends, as opposed to just “eyeballing” the
`
`stock market data. Ex. 2001 at Col. 4:59-60; Ex. 2023 at ¶42; Ex. 2025 at 36:10-
`
`14 (contrasting just looking at a ticker of information and charting the
`
`information). Neither raw stock market data nor buy and sell orders involve any
`
`analytical prediction of price trend. Ex. 2023 at ¶42. Even Petitioners’ expert
`
`ultimately admits that technical analysis means more than just price and volume.
`
`For example, in discussing Stutman, Petitioners’ expert conceded that even though
`
`Stutman disclosed stock information, that alone did not mean Stutman disclosed
`
`technical analysis. Ex. 2025 at 202:17-204:15. Thus, the amended language is not
`
`met by just viewing raw stock market data and matching buy and sell order by
`
`themselves.
`
`This clarifying language is supported by the ‘357 Patent specification. A
`
`provider’s network of computers receives watch data including technical analysis
`
`formulas and indicators. Ex. 2001 at Col. 2:47-58. Traders use technical analysis
`
`to generate indicators or signals, which in turn may inform decisions on whether or
`
`not to transact (e.g., buy, sell or hold). Ex. 2027 at 11; see e.g., Ex. 2001 at Cols.
`
`1:30-35 and 4:43-63; Ex. 2023 at ¶ 45. Therefore, the foregoing disclosures
`
`provide support for the clarification that technical analysis is an analytical
`
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`approach to predicting price trends based on market action.
`
`New Claim 5 further clarifies that user-specified watch data is received
`
`“from a user system in remote communication with the provider’s network of
`
`computers.” As described in the specification of the ‘357 Patent, “[t]he network of
`
`computers can include components that receive user input commands,” Ex. 2001 at
`
`Col. 2:6-9, such as a switch, switching box, or server switch box, id. at Col. 2:29-
`
`38; see e.g., id. at Figures 1 and 2. Ex. 2023 at ¶76. The input switch receives
`
`watch data from a “second system,” such as a user’s mobile device or personal
`
`computing device, Ex. 2001 at Col. 2:3-5, which is in remote communication with
`
`the provider’s network of computers, id. at Col. 2:6-14. Exhibit 2023 at ¶76.
`
`Therefore, the foregoing disclosures provide support for this feature.
`
`New Claim 5 also introduces “a valid stock market event,” which merely
`
`combines and makes explicit the language in the Original Claims with respect to an
`
`event and a valid response. This claim term is supported by the Original Claims.
`
`New Claim 5 also changes “causing” to “generating” with respect to the real-time
`
`notification, which is supported by the description that the alert client is
`
`“responsible for generating the final alert which is sent via the output service.” Ex.
`
`2001 at Col. 4:34-39; see also id. at Col. 4:10-11; Ex. 2023 at ¶79. New Claim 5
`
`also clarifies the language in the Original Claims with respect to real-time.
`
`Technical analysis is applied in real-time “as the real-time stock market data is
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`received.” A notification is generated in real-time “when the valid stock market
`
`event has been determined to have occurred.” The real-time notification is
`
`“provided in real-time” by the network of computers. These clarifications of real-
`
`time are supported by the Original Claims and the descriptions that the drone
`
`computers apply the technical analysis at a specified interval, Ex. 2001 at Col.
`
`3:47-51, including as the data is received, and that “[t]echnical analysis indicators
`
`can be set to ‘repeat’ over a certain period and can be told to alert the user when an
`
`‘event’ happens,” Ex. 2001 at Col. 4:49-51. Thus, New Claim 5 is fully supported.
`
`B. New Claim 6
`
`Since New Claim 6 depends from New Claim 5, it is therefore supported for
`
`the same reasons with respect to subject matter from New Claim 5. New Claim 6
`
`includes the additional steps of “updating a cache of stored stock market data on a
`
`data server,” generating and updating “a technical analysis indicator,” and
`
`“determining in real-time as the stock market data is received if a valid stock
`
`market event has occurred based on the technical analysis indicator and user
`
`specified watch data.” These additional steps are supported by the specification of
`
`the ‘357 Patent. The network of computers may include “history servers,” which
`
`“scoop” data from a data feed so that the data is stored and accessible on the
`
`network. Ex. 2001 at Col. 3:1-12; Ex. 2023 at ¶82. “A central data storage has
`
`been created to house the databases created by the history server.” Ex. 2001 at
`
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`Col. 3:16-17; Ex. 2023 at ¶82.
`
`As explained previously with respect to New Claim 5, technical analysis
`
`provides the user with technical analysis indicators or signals. The ‘357 Patent
`
`specification also describes that the formulas, indicators and signals are applied,
`
`generated and updated. Ex. 2001 at Col. 2:51, 3:47-53, and 4:49-52. A person of
`
`ordinary skill in the art would understand that technical analysis indicators are part
`
`of the analytical approach of technical analysis. Ex. 2023 at 83. The ‘357 Patent
`
`specification further describes that users provide “technical indicator instructions,”
`
`which include technical analysis formula. Ex. 2001 at Col. 3:47-51; Ex. 2023 at
`
`¶84. Thus, technical analysis is applied to stock market data to determine “[i]f the
`
`data is a valid technical response” based on the user-specified watch data. Ex.
`
`2001 at Col. 2:51-58; Ex. 2023 at ¶84. A person of ordinary skill in the art would
`
`understand that determination of a valid stock market event would be based on the
`
`technical analysis indicator and user specified watch data. Ex. 2023 at ¶85.
`
`Therefore, the foregoing disclosures provide support for the additional dependent
`
`steps and New Claim 6 is fully supported.
`
`C. New Claim 7
`
`Since New Claim 7 depends from New Claim 6, which depends from New
`
`Claim 5, it is therefore supported for the same reasons with respect to subject
`
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`matter from New Claims 5 and 6. New Claim 7 includes the additional step of
`
`including a “live link” to “enable the user to provide an instruction for a stock
`
`market transaction from the notification.” This additional step is supported by the
`
`specification of the ‘357 Patent. The claimed network of computers is set up to
`
`exchange data and receive instructions from a user. Ex. 2001 at Col. 2:12-14; Ex.
`
`2023 at ¶87. For example, from a “Wap enabled phone or mobile input device, the
`
`user sends a message or command from a second system device, which is then
`
`intercepted by the switching box.” Ex. 2001 at Col. 2:29-33 and Figure 1; Ex.
`
`2023 at ¶87. Instructions going from the user to the network of computers include
`
`those instructions related to setting up the watch data, see e.g., Ex. 2001 at Col.
`
`3:47-55, as well as “instructions for share market transactions,” id. at Col. 6:3-4.
`
`Ex. 2023 at ¶88.
`
`In addition, a person of ordinary skill in the art would understand that being
`
`able to input commands to a software environment would include a link between
`
`the network of computers and the remote communication device. Ex. 2023 at ¶88;
`
`see e.g., Ex. 2001 at Figures 1 and 2 (show a pathway configuration to and from
`
`the user for instructions and notifications). For example, element 1 (Internet, WAP
`
`Phone or Mobile Input Device) and element 6 (SMS Communication Device) may
`
`refer to the same element. See Ex. 2001 at Col. 2:3-5 and 2:41-42 (showing that
`
`the alerts are routed to user computers or mobile handsets, which may also
`
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`comprise the second system used to input user instructions); Ex. 2023 at 89. That
`
`link may further be “live” and included with the notification that is already sent to
`
`the user, in order to enable the user to send back an instruction. Ex. 2023 at ¶89.
`
`Therefore, the foregoing disclosures provide support for the dependent step. Thus,
`
`New Claim 7 is fully supported.
`
`D. New Claim 8
`
`New Claim 8 recites a system with structural and functional limitations
`
`substantially the same as those described in Claims 5-7. It is therefore supported
`
`for the same reasons with respect to the subject matter in Claims 5-7. In particular,
`
`based on the descriptions cited in the previous sections, the functional limitations
`
`are similarly supported in the system environment. Ex. 2023 at ¶90. The language
`
`not previously contained in the Original Claims or New Claims 5-7 are supported
`
`by the specification of the ‘357 Patent, particularly Figures 1 and 2.
`
`As illustrated in Figure 2, the ‘357 Patent specification describes a
`
`“Guardian” that “keeps track of all major servers on the network” and “has the
`
`ability to funnel small amounts of data from load management tools and
`
`administrator tools directly to the switchbox for routing and processing.” Ex. 2001
`
`at Col. 4:4-9. The specification further describes a plurality of “switch server(s),”
`
`which are “routing device[s]” whose main job is “keeping the network free from
`
`traffic bouncing” and applying “load balancing” across the network. Ex. 2001 at
`
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`Col. 4:21-27; Ex. 2023 at ¶92. As shown in Figure 1, a “Server Switch Box”
`
`receives a message from “Internet, WAP phone or Mobile Input Device,” which is
`
`then sent to/from “Drone Computers.” Ex. 2001 at Figure 1. 2 A message is then
`
`sent to the “SMS Server Software” to be sent to the “SMS Communication Device.”
`
`Id.; Ex. 2023 at ¶93.
`
`The history server subsystem is supported by the description of the
`
`alternative configuration. Ex. 2001 at Col. 3:1-20. “The history server is in place
`
`so that it can act as a gateway to the exchange of data feed.” Id. at Col. 3:5-6.
`
`“The history server scoops all of the data out of the data feed as it comes along, so
`
`that the data never needs to be requested from an outside source more than once.”
`
`Id. at Col. 3:7-9; Ex. 2023 at ¶ 94. Figure 2 shows that there are multiple “History
`
`Clients” as part of the history server. Ex. 2001 at Figure 2; Ex. 2023 at ¶94.
`
`The alert managing subsystem is similarly supported. As seen in Figure 2,
`
`the alert managing subsystem comprises multiple “Alert Clients,” which are
`
`networked to the “History Clients” and “Switch #1.” Ex. 2001 at Figure 2; Ex.
`
`2023 at ¶95. Alert Clients “do all of the mathematical calculations for alerts
`
`currently running on the system. The Alert Client(s) request data from the history
`
`
`2 “A server switch box can receive all messages sent from any computer or device connected or
`connecting to the system.” Ex. 2001 at Col. 2:36-38; Ex. 2023 at ¶92. “The network of
`computers can include components that receive user input commands for a software environment
`component residing on the network of computers controlled by the users second system.” Ex.
`2001 at Col. 2:6-9.
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`client(s) and process that data through a series of events. The Alert Client(s) are
`
`responsible for generating the final alert which is sent via the output service.” Ex.
`
`2001 at Col 4:34-39. As described in the specification, the Alert Manager “stores
`
`and distributes all created alerts to the least busy drone computer.” Id. at Col.
`
`4:10-11; Ex. 2023 at ¶95.
`
`The ‘357 Patent specification describes the output connector in both Figure 1
`
`with respect to the SMS Server Software and Figure 2 with respect to the Output
`
`Service, which is the “network connection software and hardware which connects
`
`the network of computers to an output device.” Ex. 2001 at Col. 4:40-42; Ex.
`
`2023 at ¶96. The output connector “route[s] alerts to an sms server to be sent to
`
`clients computers or mobile handsets.” Ex. 2001 at Col. 2:41-42; Ex. 2023 at ¶96.
`
`As Figure 2 shows, the output connector is networked to the alert managing
`
`subsystem through the network guardian. Thus, the foregoing disclosures provide
`
`support for the network guardian element, history server subsystem, alert
`
`managing subsystem, and output connector and their respective limitations.
`
`Therefore, New Claim 8 is fully supported.
`
`IV. CONCLUSION
`
`In view of the foregoing, Markets-Alert respectfully requests that the Board
`
`grant this Motion to Amend. If the Board has any questions, comments, or
`
`suggestions, the undersigned attorneys request a telephone conference.
`
`15
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`Case No. CBM2013-00005 (JYC)
`Patent 7,941,357
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`Dated: July 25, 2013
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`Respectfully submitted,
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`/s/ Andrew Choung
`Andrew Choung (USPTO Reg. No. 46622)
`Email: achoung@glaserweil.com
`Adrian M. Pruetz (Pro Hac Vice)
`Email: apruetz@glaserweil.com
`GLASER WEIL FINK JACOBS
`HOWARD AVCHEN & SHAPIRO LLP
`10250 Constellation Boulevard, 19th Floor
`Los Angeles, CA 90067
`Tel: 310-553-3000
`Fax: 310-785-3506
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`Arlyn Alonzo (USPTO Reg. No. 44502)
`E-mail: arlyn@alonzoasso.com
`531 Main Street #818
`El Segundo, CA 90245
`Tel: 310-648-8473
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`William Fitzpatrick (USPTO Reg. No. 58332)
`Email: bill@frobbeintl.com
`3700 Newport Blvd, Ste. 101
`Newport Beach, CA 92663
`Tel: 518-573-2879
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`Attorneys for
`Patent Owner Markets-Alert Pty Ltd.
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`CERTIFICATE OF SERVICE
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`I certify that a copy of the foregoing PATENT OWNER MARKETS-
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`ALERT SUBSTITUTE MOTION TO AMEND was served on July 25, 2013 to
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`counsel of record for Petitioners via electronic mail:
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`Michael T. Rosato
`USPTO Reg. No. 52,182
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue
`Suite 5100
`Seattle, WA 98104-7036
`Tel.: 206-883-2529
`Fax: 206-883-2699
`Email: mrosato@wsgr.com
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`Brian D. Range
`USPTO Reg. No. 48,437
`WILSON SONSINI GOODRICH & ROSATI
`900 South Capital of Texas Hwy Las Cimas IV, Fifth Floor
`Austin, TX 78746-5546
`Tel.: 512-338-5478
`Fax: 512-338-5499
`Email: brange@wsgr.com
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`/s/ Andrew Choung
`Andrew Choung