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Paper No. 57
`
` Entered: July 7, 2015
`
`
`
`
`
`
`
`
`Trials@uspto.gov
`571.272.7822
`
`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.
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73
`
`
`
`
`
`On June 30, 2015, the parties informed the Board that the parties had
`
`settled the proceedings and that the parties sought authorization to file a joint
`
`motion to terminate the proceedings. On July 5, 2015, and pursuant to 35
`
`
`
`

`
`
`
`
`
`
`
`U.S.C. § 327(b) and 37 C.F.R. § 42.74, the parties filed a joint motion to
`
`terminate each proceeding. CBM2014-00131, Paper 60.1 The parties also
`
`filed a joint request in each proceeding to have their settlement agreement
`
`treated as confidential business information under 35 U.S.C. § 327(b) and 37
`
`C.F.R. § 42.74(c). CBM2014-00131, Paper 62. Lastly, the parties filed a
`
`joint request to withdraw previously filed oral hearing requests. CBM2014-
`
`00131, Paper 61. In each of the joint motions, the parties represent that each
`
`of the settlement agreements filed is a true copy and resolves all disputes
`
`between the parties. CBM2014-00131, Paper 60, 1.
`
`These covered business method patent reviews were instituted on
`
`December 2, 2014. At this juncture of the proceedings, the Board does not
`
`have before it full briefing on the trial issues; the cases have not been heard;
`
`and the Board has not entered a final decision. Based on the facts of these
`
`cases, it is appropriate to enter judgment.2 Therefore, the joint motions to
`
`terminate the proceedings are granted.
`
`Accordingly, it is
`
`ORDERED that the parties’ joint requests that the settlement
`
`agreements be treated as business confidential information, to be kept
`
`separate from the patent file are granted; and
`
`FURTHER ORDERED that the joint motions to terminate the
`
`proceedings are granted;
`
`FURTHER ORDERED that the joint motions to withdraw oral
`
`hearing requests are granted;
`
`FURTHER ORDERED that the hearing scheduled for July 9, 2015 is
`
`
`1 Citations are to CBM2014-00131.
`2 A judgment means a final written decision by the Board, or a termination
`of a proceeding. 37 C.F.R. § 42.2.
`
`2
`
`

`
`
`
`
`
`
`
`vacated; and
`
`FURTHER ORDERED that the proceedings are terminated.
`
`
`
`
`
`
`
`
`
`3
`
`

`
`
`
`
`
`
`
`
`
`PETITIONER:
`
`Lori Gordon
`Robert E. Sokohl
`Sterne, Kessler, Goldstein & Fox
`lgordon-ptab@skgf.com
`rsokohl-ptab@skgf.com
`
`
`PATENT OWNER:
`
`Erika H. Arner
`Steven F Borsand
`Joshua L. Goldberg
`erika.arner@finnegan.com
`Steve.Borsand@tradingtechnologies.com
`joshua.goldberg@finnegan.com
`
`4

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