`NORTHERN DISTRICT OF JLLINOJS
`EASTERN DlVISJON
`
`Trading Technologies International, Inc,
`
`Plainnff,
`
`v
`
`GL Consultants, Inc., GL Trade S.A ,
`Nyfix, Inc. and Nyfix Overseas, Inc.
`
`Dcfend.an1s.
`
`)
`)
`)
`)
`)
`)
`
`)
`)
`)
`)
`)
`--···-)
`
`Civil Action No. 05 c 4120
`
`Judge Gottschall
`
`Magjstrate Judge Ashman
`
`CONSENT JUDGMENT
`
`As a result of settlement of this action by virtue of a confidential settlement
`
`ugreernent between the parties dated December 6, 2005 which shall become effective
`
`llpon entry of this Consent Judgment and upon consent of Plaintiff, Trading Technologies
`
`InternationaL Tnc.
`
`("TT') and Defendants, Nyfix, Inc. and Nyfix Ovelseas, Inc.
`
`(collectively, "NYFJX"), judgment is hereby entered against NYFTX upon Trs
`
`Complaint, and it is hereby ORDERED, ADJUDGED, and DECREED that:
`
`I.
`
`TT commenced this oction for patent infringement against NYFIX on July { 8,
`
`2005 This action a!lt:ges that NYFIX infringes U.S. Patent Nos. 6,766,.104 ("'304
`
`patent") and 6,772,132 ("' !32 patent'') NYFIX has received and reviewed a copy of the
`
`Complaint filed by TT in this action.
`
`TT0055521
`TTX00055521
`
`TRADING TECH EXHIBIT 2068
`TD Ameritrade v. Trading Technologies
`CBM2014-00135
`
`Page 1 of 6
`
`
`
`2
`
`This Court has jurisdiction over the parties to this action and over the: suJ<ject
`
`matter of the Complaint.
`
`3
`
`TT is the sole and exclusive owne-r of Lhe '304 patent a.'ld the '132 parent. and has
`
`the right to sue upon. and recover damages for past infringement and enjoin future
`
`infringement of the '304 and' 132 patents.
`
`4.
`
`5
`
`All claims of the' 304 and' !J2 patents are valid and enforceable
`
`NYf1X has infringed the '304 and '132 patents under 35 U.S.C. Sect1on 271 by
`
`making, using, selling, off~ring for sale, importing. and/or otherwise distributing,
`
`electronic trading software called Derivatives Depth Order Entry Window, a screenshot
`
`and documentation of which is attached as Exhibit 1.
`
`6
`
`Defendant NYFIX,
`
`its officers. directors, partners, members, affiliate3,
`
`subsidiaries, agsigns, and successors-in-interest are hereby perrnllllently enjoined during
`
`the terms of the 'J04 and '132 patents from infringing the '304 and '132 patents,
`
`including, without limitation, by 1he making, 11Sing, selling. offering for sale, importing,
`
`facilitating con.nectivity for and otherwis' distributing in the United States the electronic
`
`trading software products referred lo in pMagraph 5 above (and substantially similar
`
`product~) including, without limitation, for use in elcctronicalJy trading any item (e.g.,
`
`futures, options. r:quitics, fixed-income products, etc.) ..
`
`7.
`
`TT waives its rights to damages from NYFIX arising from the manufacture, use,
`
`:;ale or o tfers to selL importarion and/or other distribution of the electronic trading
`
`so flwarc products referred to in paragraph 5 above prior to entry of this Judgment
`
`2
`
`TT0055522
`TTX00055522
`
`Page 2 of 6
`
`
`
`8
`
`This tollrt shall retain jurisdiction over this case for purposes of enforcmg the
`
`Consent Judgment und lhe confidential Sen[ement Agreement between the parties
`
`pursuant to which the Consent Judgment is ft!cd.
`
`9
`
`The right to enforce this Consent .Tudgment shall transfer to any successor-in·
`
`interest to TT
`
`l 0.
`
`Each party shall bear its own costs and a11omeys' fets.
`
`3
`
`TT0055523
`TTX00055523
`
`Page 3 of 6
`
`
`
`0 --
`/~--~-~--~----.-
`
`I
`/
`I
`I
`I
`ll
`
`I
`;Cnited States District Court Judge
`I
`'
`/
`,../
`
`AGREED TO.
`
`Dated: December 6, 2005
`
`LeifR. Sigrnond, Jr. (!D No. 6204980)
`Matthew J. Sampson (ID No. 6207606)
`McJ)onneiJ Boehnen Hulbert & Berghoff LLP
`300 South Wacker Drive
`Chicago, IL 60606
`fel.: (312) 913-000!
`Fax: (312) 913-0002
`
`At1orneys for Plaintiff
`TRADING TECHNOLOGIES
`li7~~~T~O~AL;C.
`jjjljlffZJ. 2;ph
`
`Robert L. Ep~ein ---
`- - -
`Epstein Drangel Bazerman. & .Tame.'!, LLP
`Lincoln Building
`60 Ea~t 42"d Street, Suite 820
`;\lew York, NY 10165
`TeL·
`(212) 292-5390
`Fax:
`(212) 292-5391
`
`Attorney' for Defendant!!
`NYFIX, INC. AN[) NYFIX OVERSEAS, INC
`
`4
`
`TT0055524
`TTX00055524
`
`Page 4 of 6
`
`
`
`EXHIBIT 1.
`
`TT0055525
`TTX00055525
`
`Page 5 of 6
`
`
`
`NYFIX Depth Order Entry Window (Old Version)
`
`I'he price ladder displayed in the yellow vertical bar is a static price ladder Clicking
`the "Centre" button aligns the static ladder by centring around the current best bid
`value. As the Best bid offer prices change the ladder remains static however the best
`bid and ask quantities move up and down relative to the yellow price column.
`Clicking on a cell in the blue part of the grid will Buy an order fl!r the default volume
`at the price in line with the cell sdccted Clicking on the red side of the grid will sell
`an order for the default volume at the selected price
`
`---------··-----.. -------------------------------
`
`TT0055526
`TTX00055526
`
`Page 6 of 6
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