`
`I, Mark Oryhon, declare that:
`
`I am personally familiar with the facts set forth herein, and, if called as a witness,
`1.
`I could and would testify thereto of my own personal knowledge.
`
`I began trading professionally in late 1998Iea.rly 1999 at the Chicago Mercantile
`2.
`Exchange (“CME"). When I first started, 1 was trading electronically using the GL Win
`terminal and software sold by Patsysterns. Both of these platforms provided a Level H
`type display where the bids and offers were displayed side by side with the top row
`containing the best bid and the best offer. In these systems, if a trader clicked on a price
`to enter an order. he ran the risk of the order being sent in at a different price if the price
`displayed on the screen changed at the moment the trader clicked.
`
`I first saw MD Trader, a product sold by Trading Technologies (‘“I"I"'). some time
`3.
`during the late fall of 2000. Once I saw MD Trader, lknew that I wanted to use it. I
`immediately switched from using Patsystems to T1‘ even though TT‘s product cost more.
`
`MD Trader was much different than the trading systems available at the time.
`4.
`MD Trader displayed the market data relative to fixed prices on the screen so that the
`market moved up and down on the screen. This made it much easier to see how the _
`market was moving. In the preexisting screens. the trader needed to read and interpret
`numbers. NH) Trader also allowed the trader to enter an order at a particular price with
`just one click in a way that eliminated the risk of orders being sent in at unintended
`prices. This risk was eliminated because it provided the ability to enter orders relative to
`the fixed prices so that there was no risk of the prices changing while the trader was in
`the process of clicking. MD Trader also displayed the trader’s working orders on the
`same screen in which the trader monitored market movements and entered orders. In
`addition, MD Trader provided the ability to cancel working orders with one click.
`I had
`never seen any of these features prior to seeing the MD Trader product.
`
`Because of the features discussed above, MD Trader was a much better product
`5.
`than the preexisting trading tools. The very different display allowed traders to get a
`better feel for movements in the market and to react quicker to the market changing
`because there was no ‘need, as in the preexisting systems. to calculate numbers. The
`improved order entry of MD Trader also allowed a trader to enter orders faster. Also, by
`providing more infomiation in one screen (such as the working orders), MD Trader
`eliminated the cumbersome nature of previous systems.
`
`For someone who is an active trader, MD Trader was a revolutionary product.
`6.
`Only after I saw MD Trader did I realize the severe shortcomings of the preexisting
`
`page 1 of 2
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`TRADING TECH EXHIBIT 2041
`TD Ameritrade v. Trading Technologies
`CBM20l4-00133
`
`
`
`systems. Whoever came up with the ideas behind MD Trader was truly “thinking outside
`of the box."
`
`In 2002, Ijoined Velocity Futures. Velocity Futures is a Futures Clearing
`7.
`Merchant (“FCM”) and a proprietary trading firm. I am currently a Principal in the retail
`side of Velocity Futures and a Partner on the proprietary trading side. Velocity Futures
`currently has around 50-60 trader customers. Velocity Futures is based in and I currently
`reside in Houston, Texas.
`
`In the years following TT’s introduction of MD Trader, many other independent
`8.
`software vendors (“ISVs”) have introduced similar products. I recall in the Q1 of 2001,
`Patsystems came out with a similar product called Dome. I specifically remember a
`Patsystems representative trying to sell the Dome product as being able to do everything
`T'I"s MD Trader does.
`I also recall many other ISVs. including YesTrader, Easyscreen,
`GL. Ffastfill. Strategy Runner and Tradestation each coming out with a look alike
`product to MD Trader and pitching that product has having functionality just like MD
`Trader. Other entities that I am aware of that have released knock-offs of MD Trader are
`Dorman Trading, Openecry, Photon Trader. Interactive Brokers, CQG and Transact
`Futures.
`
`I declare under penalty of perjury that the foregoing is true and correct. Executed on
`August
`0,5 ,2004.
`
`MarkOryhon
`
`2
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`Page 2 of 2