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UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`Civil Action No. 05 C 4354
`
`Trading Technologies International, Inc.
`
`V.
`
`Rolfe & Nolan Systems Inc.
`
`Plaintiff,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`CONSENT JUDGMENT
`
`As a result of settlement of this action by virtue of a confidential settlement
`
`agreement between the parties dated August I, 2005 which shall become effective upon
`
`entry of this Consent Judgment and upon consent of Plaintiff, Trading Technologies
`
`International, Inc. ("TT") and Defendant, Rolfe & Nolan Systems Inc. ("Rolfe&Nolan"),
`
`judgment is hereby entered against Rolfe&Nolan upon TT's Complaint, and it is hereby
`
`ORDERED, ADJUDGED, and DECREED that:
`
`1.
`
`IT commenced this action for patent infringement against Rolfe & Nolan on July
`
`29, 2005. This action alleges that Rolfe&Nolan infringes U.S. Patent Nos. 6,766,304
`
`("304 patent") and 6,772,132 ("132 patent"). Rolfe&Nolan has received and reviewed a
`
`copy of the Complaint filed by TT in this action.
`
`2.
`
`This Court has jurisdiction over the parties to this action and over the subject
`
`matter of the Complaint.
`
`3.
`
`IT is the sole and exclusive owner of the '304 patent and the '132 patent, and has
`
`the right to sue upon, and recover damages for past infringement and enjoin future
`
`infringement ofthe '304 and '132 patents.
`
`TT0050574
`TTX00050574
`
`TRADING TECH EXHIBIT 2071
`TD Ameritrade v. Trading Technologies
`CBM2014-00135
`
`Page 1 of 4
`
`

`

`4.
`
`5.
`
`All claims of the '304 and' 132 patents are valid and enforceable.
`
`Rolfe&Nolan infringed the '304 and '132 patents under 35 U.S. C. Section 271 by
`
`making, using, selling, offering for sale, importing, and/or otherwise distributing
`
`electronic trading software referred to as RANorder Edge™, Version 1.1 through 1.5x,
`
`screenshots included in Exhibit I.
`
`6.
`
`Defendant Rolfe&Nolan, its officers, directors, partners, members, affiliates,
`
`subsidiaries, assigns, and successors-in-interest are hereby permanently enjoined (unless
`
`expressly permitted by TT) during the terms of the '304 and '132 patents from infringing
`
`the '304 and '132 patents, including, without limitation, by the making, using, selling,
`
`offering for sale, importing, facilitating connectivity for and otherwise distributing in the
`
`United States the electronic trading software products referred to in paragraph 5 above
`
`including, without limitation, for use in electronically trading any item (e.g., futures,
`
`options, equities, fixed-income products, etc.).
`
`7.
`
`TT waives its rights to damages from Rolfe&Nolan arising from the manufacture,
`
`use, sale or offers to sell, importation and/or other distribution of the electronic trading
`
`software products referred to in paragraph 5 above prior to entry of this Judgment.
`
`8.
`
`This Court shall retain jurisdiction over this case for purposes of enforcing the
`
`. 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#
`
`Consent Judgment and the confidential Settlement Agreement between the parties
`
`. dJ
`
`9.
`
`10.
`
`Each party shall bear its own costs and attorneys' fees.
`
`TT0050575
`TTX00050575
`
`Page 2 of 4
`
`

`

`SO ORDERED
`
`Dated:
`
`ok /0~
`
`r
`
`AGREED TO:
`
`Dated: ?(s/oS
`I
`
`Dated:------"-~ +-={3_,_/-"-'0 :;-:::.___
`
`strict Court Judge
`
`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
`
`Attorneys for Plaintiff
`TRADING TECHNOLOGIES
`INTERNATIONAL, INC.
`
`Louise Walsh
`Welsh & Katz, Ltd.
`120 S. Riverside Plaza
`Chicago, IL 60606
`Tel.: (312) 655-1600
`
`AttorFEys for Defendant
`ROL
`& NOLAN SYSTEMS INC
`
`TT0050576
`TTX00050576
`
`Page 3 of 4
`
`

`

`TT0050577
`TTX00050577
`
`Page 4 of 4
`
`

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