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`Paper No. ______
`Filed: June 5, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`TD AMERITRADE HOLDING CORPORATION, TD AMERITRADE, INC., and
`TD AMERITRADE ONLINE HOLDINGS CORP.
`Petitioners
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`v.
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`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`Patent Owner
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`Case CBM2014-00133
`Patent 7,676,411
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`Patent Owner’s Objections to
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`Evidence Pursuant to 37 C.F.R. § 42.64
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`Case No. CBM2014-00133
`U.S. Patent No. 7,676,411
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner objects to Exhibit 1027,
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`served with Petitioner’s Reply (Paper No. 42). Patent Owner objects to Exhibit
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`1027 (Supplemental Declaration of Kendyl A. Román in Support of Petitioners’
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`Reply for Covered Business Method Review of U.S. Patent 7,676,411) because
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`portions of the Exhibit lack relevance (FRE 402), as they exceed the proper scope
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`of Petitioner’s Reply. 37 C.F.R. § 42.23(b) states “[a] reply may only respond to
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`arguments raised in the corresponding . . . patent owner response.” As explained in
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`the Trial Practice Guide, “new evidence necessary to make out a prima facie case
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`for [] unpatentability” and “new evidence that could have been presented in a prior
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`filing” are improper. 77 Fed. Reg. 48767. Patent Owner further objects to Exhibit
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`1027 because of the prejudice resulting from Patent Owner’s inability to respond to
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`the untimely evidence and arguments therein (FRE 403). For example, at least
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`paragraphs 3-11 of Exhibit 1027 exceed the proper scope of Petitioner’s Reply and
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`are thus irrelevant, untimely, prejudicial, and objectionable under FRE 402 and
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`FRE 403.
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`Dated: June 5, 2015
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`Respectfully submitted,
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`By: /Joshua L. Goldberg/
`Joshua L. Goldberg, Backup Counsel
`Registration No. 59,369
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`1
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`Case No. CBM2014-00133
`U.S. Patent No. 7,676,411
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing Patent
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`Owner’s Objections to Evidence Pursuant to 37 C.F.R. § 42.64 was served on
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`June 5, 2015, via email directed to counsel of record for the Petitioner at the
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`following:
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`Lori A. Gordon
`lgordon-ptab@skgf.com
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`Jonathan M. Strang
`jstrang-ptab@skgf.com
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`Robert E. Sokohl
`rsokohl-ptab@skgf.com
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
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`/Bradley J. Moore/
`Bradley J. Moore
`Litigation Clerk
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`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
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