DECLARATION OF PABLO MELGAREJO
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`I, Pablo Melgarejo, declare that:
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`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.
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`I began my career professionally trading in June of 2000 when I joined Kingstree
`2.
`Trading, LLC, a proprietary trading firm. During my first 3-4 months, I traded stocks
`electronically using software called ProTrader. This software displayed the market data
`in a Level II type format with the best bid and best ask prices being displayed in
`designated locations on the screen. ProTrader required multiple steps by the trader to
`enter an order at a particular price.
`
`In around October of 2000, I started trading stock index futures electronically
`3.
`using software from Trading Technologies ("TT") called X_ Trader®. In particular, I
`entered and managed orders using a new trading tool of X_ Trader® called MD Trader™.
`MD Trader was much different than the other trading screens that I was aware of at the
`time. For example, MD Trader provided a very simple order entry tool in which the
`trader could enter orders at particular prices with one click. Because MD Trader allowed
`the trader to enter orders by clicking in cells aligned with price levels that were kept still
`on the screen, the trader always knew what price he would be getting. This was different
`than preexisting screens in which the prices would move on the screen. Also, MD Trader
`displayed the market data in a better manner because it displayed the data against a
`column of prices where the prices remained fixed so that the market data could move up
`and down the column when the market changed. MD Trader also provided a useful and
`unique feature called manual recentering which allowed a trader to quickly (with one
`click of a mouse button) bring the market (the best bid and ask prices) to the center of the
`screen. This one-click recentering feature is useful for creating a point of reference from
`which to view market movements, especially when a trader is trading multiple products
`side-by-side. I had never seen a trading application with any of these features prior to
`seeing MD Trader.
`
`These features create a world of difference for the trader. Due to the improved
`4.
`order entry and the improved display, MD Trader allows traders to trade faster and enter
`order in a simpler fashion than they could with preexisting systems. This is very
`important in electronic trading in which even a tenth of a second could make the
`difference between a successful and unsuccessful trade.
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`TRADING TECH EXHIBIT 2035
`TD Ameritrade v. Trading Technologies
`CBM2014-00135
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`Page 1 of 2
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`Since I started using MD Trader, I have seen a variety of demonstrations from
`5.
`competitors of TT of products having similar features to MD Trader. I recall seeing such
`demos from companies such as YesTrader, GL, Patsystems and Easyscreen, for example.
`I recall that TT's competitors would often pitch their products by showing that they had
`similar features to TT' s MD Trader.
`
`6.
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`I reside in Chicago, Illinois.
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`I declare under penalty of perjury that the foregoing is true and correct. Executed on
`August 21___, 2004.
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`Page 2 of 2
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