Mlnull! Onltt Form (06/!17) Case 1 :04-cv-067 40 Document 4 Filed 10/21/2004 Page 1 of 6
`United States District Court, Northern District ofiUinois
`.
`Suzanne B. Conlon
`04 c 6740
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`TRADING TECHNOWGIES INTL vs. KINGSTREE TRADING
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`N•lllll or Assigned Judge
`or Ma~:lstrate Jud~:e
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`CASE NUMBER
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`CASE
`TITLE
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`Sitting Judge If Other
`than As!lgned Judge
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`DATE
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`10/21/2004
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`MOTION:
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`[In Itt~ following bcx (a) indicnlc the party filing the motion, e g., pfnintilf. defendant, Jrd partyplninliff, nnd (b)srntcbricfly thena~
`of the motion being presented ]
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`DOCKET ENTRY:
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`Filed motion of [ use listing in "Motion" box above"]
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`{7)
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`0
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`0
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`0
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`0
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`Brief in support of motion due ___ .
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`Answer brief to motion due __ . Reply to answer brief due __ .
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`Ruling/Hearing on--· set for ___ at __ .
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`Status hearing[held/continued to] [set for/re·6et for] on ___ set for __ at--··
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`Pretrial conference[held/continued to] [set for/re-set forJ on __ set for ___ at __ .
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`Trial[ set for/re-set for] on ___ at __ .
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`[Bench/Jury trial] [Hearing] held/continued to __ at __ .
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`This case is dismissed [with/without] prejudice nnd without costs[by/agreementfpursuant to]
`OFRCP4(m) 0Lo(:a1Rule4II OFRCP4l(a)(l) OFRCP41(a)(2).
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`(10)
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`II
`[Other docket entry]
`JUDGMENT.
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`This action is dismissed pursuant to settlement. ENTER CONSENT
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`tltunhcr nfmlic=
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`II
`No notices required, advised in open court
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`[For further detail see order attached to the original minute order.]
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`No notices required
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`Notices mailed by judge's s!llCf,
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`Notified counsel by telephone
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`Docketing to mail notices
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`Mnll AO 450 fonn
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`Copy to judgdmagistmte judge
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`CB
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`courtroom
`deputy's
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`TT0055508
`TTX00055508
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`TRADING TECH EXHIBIT 2064
`TD Ameritrade v. Trading Technologies
`CBM2014-00135
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`Page 1 of 6
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`Case 1 :04-cv-067 40 Document 4 Filed ·1 0/21/2004 Page 2 of 6
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`UNTI'ED STATES DISTRICT COURT
`NORTHERN DISTRICT OF H..LJNOIS
`EASTERN DIVISION
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`DU~~(fftD
`OCT 2 2 2004
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`Trading Technologies International, Inc.,
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`Plaintiff,
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`v.
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`Kingstree Trading L.L.C.,
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`Defendant.
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`Civil Action No. 04 C 6740
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`Judge Conlon
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`Magistrate Judge Ashman
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`CONSENT .JUDGMENT
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`As a result of settlement of this action by virtue of a settlement agreement
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`between the parties dated October 20, 2004 which shall become effective upon entry of
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`this Consent Judgment and upon consent of Plaintiff, Trading Technologies Jntemational,
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`Inc. (''IT') and Defendant, Kingstree Trading L.L.C. e'KJNGSTREE"), judgment is
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`hereby entered against KINGSTREE upon 'IT's Complaint, and it is hereby ORDERED,
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`ADJUDGED, and DECREED that:
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`L
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`TI commenced this action for patent infringement against KINGSTREE on
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`October 19, 2004, alleging that KINGSTREE infringes U.S. Patent Nos. 6,766,304
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`("'304 patent .. ) and 6,772,132 (.., 132 patent"). KINGSTREE has received and reviewed
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`a copy of the Complaint filed by TI in this action.
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`1
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`TT0055509
`TTX00055509
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`Page 2 of 6
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`Case 1 :04-cv-067 40 Document 4 Filed 10/21/2004 Page 3 of 6
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`2.
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`This Court has jurisdiction over the parties to this action and over the subject
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`matter of the Complaint.
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`3.
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`TT is the sole and exclusive owner of the '304 patent and the '132 patent. and has
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`the right to sue upon, ;md recover damages for past infringement and enjoin future
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`infringement of the '304 and '132 patents.
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`4,
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`5.
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`All claims of the •304 and '132 patents are valid and enforceable.
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`KINGSTREE has directly infringed the '304 and '132 patents by making and
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`using electronic trading software currently referred to as "KINGSTREE's user interface
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`software developed by Kingstree for Trading," screenshots included in Exhibit A.
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`6,
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`Defendant KINGSTREE, its officers, directors, partners, members, affiliates,
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`subsidiaries, assigns, and successors~in-interest are hereby permanently enjoined during
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`the terms of the '304 and '132 patents from the making, using, selling, offering for sale,
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`importing and otherwise distributing in the United States the electronic trading software
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`products referred to in paragraph 5 above.
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`7.
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`Any claims of infringement that TT has against KINGSTREE based on
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`KJNGSTREE's use and/or distribution of electronic trading software provided by any
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`third party software provider prior to entry of this judgment are dismissed without
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`prejudice. The parties have addressed this issue in the Settlement Agreement by TT
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`granting to KINGSTREE a limited covenant not to sue" TT is not waiving any rights to
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`assert the '304 and '132 patents against KINGSTREE based on KINGSTREE's use
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`and/or distribution of such third party software in the future if the limited covenant not to
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`2
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`TT0055510
`TTX00055510
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`Page 3 of 6
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`Case 1 :04-cv-067 40 Document 4 Filed 1 0/21/2004 Page 4 of 6
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`....
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`sue is ternrlnated. KINGSTREE is not waiving any rights to assert that such third party
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`software does not infringe the '304 and '132 patents if the limited covenant not to sue is
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`terminated.
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`8.
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`TI waives its rights to damages from KINGSTREE arising from the manufacture,
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`use, sale or offers to sell the electronic trading software products referred to in paragraph
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`5 above prior to entry of this Judgment.
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`9.
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`Notwithstanding the terms of this Consent Judgment, KINGSTREE expressly
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`reserves the right to contest infringement if the KINGSTREE software is modified so as
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`to not infringe the patents-in-suit. In the event that KINGSTREE contests infringement
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`based on KINGSTREE software that is modified, TI reserves the right to assert any and
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`all claims against KINGSTREE including without limitation a claim of contempt of court
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`based on a violation of this Consent Judgment in the event that the Court finds there is no
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`colorable difference between the modified K.JNGSTREE software and the software that is
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`the subject of this Consent Judgment
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`10.
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`This Court shall retain jurisdiction over this case for purposes of enforcing the
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`Consent Judgment and the Settlement Agreement between the parties pursuant to which
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`the Consent Judgment is iiled"
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`1 L
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`Each party shall bear its own costs and attorneys' fees.
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`~i?l.~
`
`. Conlon
`Suzanne
`United States District Court Judge
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`3
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`TT0055511
`TTX00055511
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`SO ORDERED j /o I'/
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`Dated: L {)
`I
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`/ '() 1
`I
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`Page 4 of 6
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`Case 1:04Mcv-06740 Document 4 Filed 10/21/2004 Page 5 of 6
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`AGREED TO:
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`Dated:
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`I o{'JQ (~ (
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`Dated:
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`)
`8
`Paul H. Berghoff (ID No.
`Leif R. Sigmond, Jr. (ID No. 6204980)
`Matthew J. Sampson (ID No. 6207606)
`McDonnell Boehnen Hulbert
`& Berghoff LLP
`300 South Wacker Drive
`Clricago,EL 60606
`Tel.: (312) 913-0001
`Fax: (312) 913-0002
`
`Attorneys for Plaintiff
`TRADING TECHNOLOGIES
`INTERNATIONAL, INC.
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`Attorneys for Defendant
`KINGSTREE TRADING, L.L.C.
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`4
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`TT0055512
`TTX00055512
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`Page 5 of 6
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`Case 1:04-cv-06740 Document4 Filed 10/21/2004 Page 6 of6
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`~
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`EXHIBIT
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`TT0055513
`TTX00055513
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`Page 6 of 6
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