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Paper No. 47
` Entered: April 27, 2015
`
`
`
`
`
`
`Trials@uspto.gov
`571.272.7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TD AMERITRADE HOLDING CORPORATION, TD AMERITRADE,
`INC., and TD AMERITRADE ONLINE HOLDINGS CORP.,
`Petitioner,
`
`v.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`____________
`
`CBM2014-00131 (Patent 7,533,056)
`CBM2014-00133 (Patent 7,676,411)
`CBM2014-00135 (Patent 6,772,132)
`CBM2014-00137 (Patent 7,685,055)
`____________
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and
`PHILIP J. HOFFMANN, Administrative Patent Judges.
`
`HOFFMANN, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Petitioner’s Request for a Ten-Page Extension and
`Denying Patent Owner’s Request for Permission to File a Surreply
`37 C.F.R. §§ 42.5 and 42.24
`
`
`
`
`
`

`
`CBM2014-00131 (Patent 7,533,056)
`CBM2014-00133 (Patent 7,676,411)
`CBM2014-00135 (Patent 6,772,132)
`CBM2014-00137 (Patent 7,685,055)
`
`
`On April 23, 2015, Petitioner sent an electronic mail message1 to the
`
`Board requesting, for each proceeding listed above, an additional ten (10)
`
`pages for its Reply to Patent Owner’s Response—a total of twenty-five (25)
`
`pages for a Reply—consistent with the United States Patent and Trademark
`
`Office Director Michelle K. Lee’s Posting on March 27, 2015 (“the
`
`Director’s Posting”2). In response, on April 24, 2015, Patent Owner sent an
`
`electronic mail message3 to the Board opposing Petitioner’s Request,
`
`arguing that Petitioner would be given an unfair advantage if permitted extra
`
`pages at this stage in the proceedings. Patent Owner also requested
`
`permission to file, in each of the listed proceedings, a ten (10) page surreply
`
`if we granted Petitioner’s request, arguing that such would be necessary to
`
`minimize the prejudice that would result to Patent Owner.
`
`As indicated in the Director’s Posting, fifteen (15) pages for a Reply
`
`is not a commensurate number of pages to respond to a full Patent Owner’s
`
`Response. In each of the listed proceedings, Patent Owner’s Response was
`
`at least 52 pages, and as long as 73 pages, in length. Upon consideration of
`
`the facts before us, we are not persuaded by Patent Owner’s argument that a
`
`ten-page extension would provide an unfair advantage to Petitioner,
`
`
`1 Ex. 3004 in CBM2014-00131 and CBM2014-00137, Ex. 3003 in
`CBM2014-00133 and CBM2014-00135.
`2 The Director’s Posting is also available at:
`http://www.uspto.gov/blog/director/entry/ptab_s_quick_fixes_for. Ex. 3005
`in CBM2014-00131 and CBM2014-00137, Ex. 3004 in CBM2014-00133
`and CBM2014-00135.
`3 Ex. 3006 in CBM2014-00131 and CBM2014-00137, Ex. 3005 in
`CBM2014-00133 and CBM2014-00135.
`
`
`
`2
`
`

`
`CBM2014-00131 (Patent 7,533,056)
`CBM2014-00133 (Patent 7,676,411)
`CBM2014-00135 (Patent 6,772,132)
`CBM2014-00137 (Patent 7,685,055)
`
`inasmuch as the extra pages are provided to Petitioner to remedy an
`
`imbalance favoring Patent Owner.
`
`Further, we are not persuaded by Patent Owner that a surreply is
`
`necessary. As discussed above, Petitioner is being given extra pages
`
`because the Director’s Posting indicates that fifteen (15) pages for a Reply is
`
`not a commensurate number of pages to respond to a full Patent Owner’s
`
`Response, and, thus, the additional pages remedy this imbalance. Providing
`
`additional pages to Patent Owner would simply restore the imbalance we
`
`correct by providing additional pages to Petitioner.
`
`For the foregoing reasons, we, hereby, exercising our discretion under
`
`37 C.F.R. § 42.5(b), grant Petitioner’s Request for a ten-page extension. We
`
`deny Patent Owner’s request for permission to file a surreply.
`
`Accordingly, it is
`
`ORDERED that, notwithstanding the page limit set forth in 37 C.F.R.
`
`§ 42.24(c), the page limit for Petitioner’s Reply to Patent Owner’s Response
`
`is increased to a total of twenty-five (25) pages, for each proceeding listed
`
`above. See 37 C.F.R. § 42.5(b)
`
`
`
`3
`
`
`
`

`
`CBM2014-00131 (Patent 7,533,056)
`CBM2014-00133 (Patent 7,676,411)
`CBM2014-00135 (Patent 6,772,132)
`CBM2014-00137 (Patent 7,685,055)
`
`PETITIONER:
`
`Lori Gordon
`Jonathan Strang
`Robert E. Sokohl
`STERN, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`lgordon-ptab@skgf.com
`jstrang-ptab@skgf.com
`rsokohl-ptab@skgf.com
`
`PATENT OWNER:
`
`Erika H. Arner
`Joshua L. Goldberg
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`erika.arner@finnegan.com
`Joshua.goldberg@finnegan.com
`
`Steven F. Borsand
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`Steve.Borsand@tradingtechnologies.com
`
`4

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