DECLARATION OF DIETER MARLOVICS
`
`I, Dieter Marlovics, 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 hold a Bachelor of Science degree in Electrical Engineering from Northwestern
`2.
`University and an MBA from Northwestern's Kellogg School of Management.
`
`I am currently the Chief Information Officer ("CIO") of Gelber Group, LLC. I
`3.
`have been at Gelber Group since late 1999. Gelber Group has been a Full Clearing
`Member of the Chicago Board of Trade ("CBOT") and the Chicago Mercantile Exchange
`("CME") since 1989. Gelber Group is also a Full Clearing Member of OneChicago and
`NQLX and an Exchange Member of Eurex, LIFFE Connect and Matif. Gelber Group
`accounts for approximately 5-10% of the total electronic volume traded on the CBOT and
`the CME. Gelber Group is located at 141 W. Jackson, 21st Floor, Chicago, IL 60604.
`
`Prior to joining Gelber Group, I was the founder and President of Exodus
`4.
`Consulting, Inc. which provided technology consulting to the restaurant industry and
`various retail and education institutions in the Chicagoland area. At the end of 1998, I
`spun off Exodus and founded HyperMeals, Inc. (originally called Purple-Pages.com),
`which provided an online marketplace for ordering meals from Chicago area restaurants.
`I left HyperMeals to join Gelber Group.
`
`As CIO, I built Gelber Group's electronic futures trading division from the
`5.
`ground up. I am responsible for picking technology solutions for Gelber Group's traders
`and clients, including electronic trading platforms.
`
`In 1999, Gelber Group chose Patsystems as it primary vendor for electronic
`6.
`trading software. We chose Patsystems primarily based on cost and because it offered
`the basic functionality that we needed.
`
`In around the fall of 2000, Gelber Group switched to Trading Technologies ("TT)
`7.
`as its primary electronic trading software vendor. A large part of this decision to switch
`was based on the fact that TT had recently launched a new type of trading tool called MD
`Trader. Based on discussions with traders, we determined that this tool, which at the time
`was unique to TT, was significantly better than other interfaces available. We made this
`decision despite the fact that TT' s software cost at least 20% more than its competitors.
`
`After we made the decision to switch to TT, we had a 4-6 month transition period
`8.
`to get our traders to switch from Patsystems after which we dropped Patsystems as a
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`TRADING TECH EXHIBIT 2032
`TD Ameritrade v. Trading Technologies
`CBM2014-00135
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`Page 1 of 2
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`vendor entirely. MD Trader proved to be a significant advance in performance. The
`differences were like night and day. For example, the older interface required multiple
`steps (e.g., clicks) to enter orders with confidence that the order would go in at the
`intended price. MD Trader allowed a trader to enter orders with one-click without such a
`risk of the order going in at a different price. Also, MD Trade displayed the market depth
`relative to a vertical fixed column of prices so the trader could easily see market
`movements.
`
`MD Trader was very easy to use. MD Trader turned the trading interface into a
`9.
`video game like interface on which it was much easier to train new traders. The traders
`also liked the improved performance of MD Trader.
`
`In my role as CIO, I often hear sales pitches for competitive trading platforms.
`10.
`Sometime after Gelber Group discontinued using the Patsystems product, representatives
`of Patsystems showed me a new version of their software and made comparisons to the
`MD Trader functionality described above. Over the past several years, I have also heard
`similar pitches from Yes Trader and Future Dynamics.
`
`I declare under penalty of perjury that the foregoing is true and correct. Executed on
`August _'1_, 2004.
`
`,Qu---)
`
`Dieter Marlovtcs
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