`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`Civil Action No. 05 C 4354
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`Trading Technologies International, Inc.
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`V.
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`Rolfe & Nolan Systems Inc.
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`Plaintiff,
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`Defendant.
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`CONSENT JUDGMENT
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`As a result of settlement of this action by virtue of a confidential settlement
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`agreement between the parties dated August I, 2005 which shall become effective upon
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`entry of this Consent Judgment and upon consent of Plaintiff, Trading Technologies
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`International, Inc. ("TT") and Defendant, Rolfe & Nolan Systems Inc. ("Rolfe&Nolan"),
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`judgment is hereby entered against Rolfe&Nolan upon TT's Complaint, and it is hereby
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`ORDERED, ADJUDGED, and DECREED that:
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`1.
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`IT commenced this action for patent infringement against Rolfe & Nolan on July
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`29, 2005. This action alleges that Rolfe&Nolan infringes U.S. Patent Nos. 6,766,304
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`("304 patent") and 6,772,132 ("132 patent"). Rolfe&Nolan has received and reviewed a
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`copy of the Complaint filed by TT in this action.
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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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`IT 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, and recover damages for past infringement and enjoin future
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`infringement ofthe '304 and '132 patents.
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`TT0050574
`TTX00050574
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`TRADING TECH EXHIBIT 2071
`TD Ameritrade v. Trading Technologies
`CBM2014-00135
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`Page 1 of 4
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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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`Rolfe&Nolan infringed the '304 and '132 patents under 35 U.S. C. Section 271 by
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`making, using, selling, offering for sale, importing, and/or otherwise distributing
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`electronic trading software referred to as RANorder Edge™, Version 1.1 through 1.5x,
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`screenshots included in Exhibit I.
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`6.
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`Defendant Rolfe&Nolan, its officers, directors, partners, members, affiliates,
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`subsidiaries, assigns, and successors-in-interest are hereby permanently enjoined (unless
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`expressly permitted by TT) during the terms of the '304 and '132 patents from infringing
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`the '304 and '132 patents, including, without limitation, by the making, using, selling,
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`offering for sale, importing, facilitating connectivity for and otherwise distributing in the
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`United States the electronic trading software products referred to in paragraph 5 above
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`including, without limitation, for use in electronically trading any item (e.g., futures,
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`options, equities, fixed-income products, etc.).
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`7.
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`TT waives its rights to damages from Rolfe&Nolan arising from the manufacture,
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`use, sale or offers to sell, importation and/or other distribution of the electronic trading
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`software products referred to in paragraph 5 above prior to entry of this Judgment.
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`8.
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`This Court shall retain jurisdiction over this case for purposes of enforcing the
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`. J
`pm"=t to m,kh the c~~t Jrulgm~t i" filod . ..;;;; ~ f d/_,/ ~?
`The right to enforce this Consent Judgment shall transfer~o any successor-in-~-:.~.
`7 jJ- -
`·-'
`interest to TT.
`~£,
`0~-1#
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`Consent Judgment and the confidential Settlement Agreement between the parties
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`. dJ
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`9.
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`10.
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`Each party shall bear its own costs and attorneys' fees.
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`TT0050575
`TTX00050575
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`Page 2 of 4
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`SO ORDERED
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`Dated:
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`ok /0~
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`r
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`AGREED TO:
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`Dated: ?(s/oS
`I
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`Dated:------"-~ +-={3_,_/-"-'0 :;-:::.___
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`strict Court Judge
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`o. 6204980)
`, Jr. (I
`ifR. Si
`atthew J. Sampson (ID No. 6207606)
`McDonnell Boehnen Hulbert & BerghoffLLP
`300 South Wacker Drive
`Chicago, IL 60606
`Tel.: (312) 913-0001
`Fax: (312) 913-0002
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`Attorneys for Plaintiff
`TRADING TECHNOLOGIES
`INTERNATIONAL, INC.
`
`Louise Walsh
`Welsh & Katz, Ltd.
`120 S. Riverside Plaza
`Chicago, IL 60606
`Tel.: (312) 655-1600
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`AttorFEys for Defendant
`ROL
`& NOLAN SYSTEMS INC
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`TT0050576
`TTX00050576
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`Page 3 of 4
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`TT0050577
`TTX00050577
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`Page 4 of 4
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