`571.272.7822
`
` Paper No. 56
`
` Entered: June 18, 2015
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TD AMERITRADE HOLDING CORP., 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.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
` 37 C.F.R. § 42.5
`
`
`
`On June 17, 2015, Patent Owner contacted the Board requesting
`authorization to file a motion to expunge Petitioner’s Reply in each of the
`
`
`
`
`
`
`CBM2014-00131 (Patent 7,533,056)
`CBM2014-00133 (Patent 7,676,411)
`CBM2014-00135 (Patent 6,772,132)
`CBM2014-00137 (Patent 7,685,055)
`
`
`four proceedings. Petitioner responded in a subsequent communication with
`the Board, opposing the request.
`Patent Owner requests to file a motion to expunge the replies filed by
`the Petitioner in the four proceedings, because the replies allegedly include
`several new arguments in violation of 37 CFR § 42.23(b). Whether a reply
`contains arguments that are outside the scope of a proper reply under 37
`C.F.R. § 42.23(b) is left to the determination of the Board. The Board will
`determine whether the Petitioner’s replies are outside the scope of a proper
`reply when the Board reviews all of the parties’ briefs and prepares the final
`written decisions. If there are improper arguments presented in a reply, the
`Board may exclude the reply, for example. For all of these reasons, the
`Board will take under consideration any alleged violations in due course
`with respect to Petitioner’s replies, upon considering the record at the end of
`the trial.
`It is
`ORDERED that Patent Owner’s request to file a motion to exclude in
`each proceeding is denied.
`
`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)
`
`
`PETITIONER:
`
`Lori A. Gordon
`Robert E. Sokohl
`Jonathan M. Strang
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`lgordon-ptab@skgf.com
`rsokohl-ptab@skgf.com
`rstrang-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
`
`3
`
`
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