`571-272-7822
`
`
`
`
`Paper 57
`Entered: June 9, 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.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`CBM2014-00131 (Patent 7,533,056)
`CBM2014-00133 (Patent 7,676,411)
`CBM2014-00135 (Patent 6,772,132)
`CBM2014-00137 (Patent 7,685,055)
`
`
` The Scheduling Order in this proceeding sets the date for oral hearing
`
`as July 9, 2015, if a hearing is requested by the parties and granted by the
`panel. Both parties requested a hearing in this case pursuant to 37 C.F.R.
`§ 42.70. Paper 53, 541. The requests are granted.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five business days prior to the hearing. They shall be filed at the Board two
`business days prior to the hearing, and the parties must initiate a conference
`call with the Board by two business days prior to the hearing to resolve any
`dispute over the propriety of each party’s demonstrative exhibits. Any
`dispute over the propriety of demonstrative exhibits that is not timely
`presented two business days prior to the hearing will be considered
`waived. The parties are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, IPR2013-00033, Paper 118 (October 23, 2013), regarding
`the appropriate content of demonstrative exhibits.
`
`The hearing will commence at 1:00 p.m. Eastern Time on July 9,
`2015, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia. The four proceedings will be heard together. Each
`party will have two hours total time to present arguments and can determine
`for itself how to allot its time. Petitioner bears the ultimate burden of proof
`that Patent Owner’s claims at issue are unpatentable. Thus, Petitioner will
`open the hearing by presenting its case regarding the challenged claims for
`which we instituted trial.
`
`
`1 For expediency, CBM2014-00131 is representative and all subsequent
`citations are to CBM2014-00131 unless otherwise noted.
`
`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)
`
`
`The Board will provide a court reporter for the hearing and the
`
`reporter’s transcript will constitute the official record of the hearing. The
`hearing will be open to the public for in-person attendance that will be
`accommodated on a first-come, first served basis.
`
`Lead counsel for each party is expected to be present in person at the
`oral hearing. Any counsel of record, however, may present the party’s
`argument. If either party expects that its lead counsel will not be attending
`the oral argument, the parties should initiate a joint telephone conference
`with the panel no later than two business days prior to the oral hearing to
`discuss the matter.
`
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov. Requests for special equipment will not be honored
`unless presented in a separate communication directed to the above email
`address not less than five days before the hearing.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`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
`lgordon-ptab@skgf.com
`jstrang-ptab@skgf.com
`rsokohl-ptab@skgf.com
`
`
`PATENT OWNER:
`Erika H. Arner
`Steven F. Borsand
`Joshua L. Goldberg
`FINNEGAN, HENDERSON, FARABOW, GARRETT AND DUNNER,
`LLP
`erika.arner@finnegan.com
`Steve.Borsand@tradingtechnologies.com
`joshua.goldberg@finnegan.com
`
`
`4
`
`
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