UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ll.LINOIS
`EASTERN DMSION
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`Trading Technologies International, Inc.,
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`Plaintiff,
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`v.
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`FFastFill Pic, FFastFill Inc.,
`Future Dynamics Inc., FFastTrade LLC,
`FFastFill Europe Ltd., and FFastFill FD Ltd.
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`Civil Action No. 05 C 4449
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`Judge William J. Hibbler
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`Magistrate Judge Denlow
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`______________ )
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`Defendants.
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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 3, 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. ("IT") and Defendants, FFastFill Pic, FFastFill Inc., Future Dynamics
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`Inc., FFastTrade LLC, FFastFill Europe Ltd., and FFastFill FD Ltd. ("FFASTFILL"),
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`judgment is hereby entered against FFASTFILL upon IT's Complaint, and it is hereby
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`ORDERED, ADJUDGED, and DECREED that:
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`L
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`TT commenced this action for patent infringement against FFASTFILL on
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`August 3, 2005. This action alleges that FFASTFILL infringes U.S. Patent Nos.
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`I
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`TT0050551
`TTX00050551
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`TRADING TECH EXHIBIT 2073
`TD Ameritrade v. Trading Technologies
`CBM2014-00135
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`Page 1 of 8
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`6,766,304 ('"304 patent") and 6,772,132 ('"132 patent"). FFASTFILL has received and
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`reviewed a 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 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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`FFASTFILL has infringed the '304 and '132 patents under 35 U.S.C. Section 271
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`by making, using, selling, offering for sale, importing, and/or otherwise distributing
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`electronic trading software incorporating the Future Dynamics Crossfire Quicktrade
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`screen and
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`the FFASTFILL Lefty Scalp Trading Window, screenshots and
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`documentation of which are included in Exhibit I.
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`6.
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`Defendant FFASTFILL, 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.). This injunction shall not apply to any
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`2
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`claims of the '304 or '132 patents that are subsequently found invalid by a court of
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`competent jurisdiction in a final and non-appealable judgment after the date of such
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`judgment.
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`7.
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`TT waives its rights to damages from FF ASTFILL atising 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 pwposes of enforcing the
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`Consent Judgment and the confidential Settlement Agreement between the patties
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`pursuant to which the Consent Judgment is filed.
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`9.
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`The right to enforce this Consent Judgment shall transfer to any successor-in-
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`interest to TT.
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`10.
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`Each party shall bear its own costs and attorneys' fees.
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`SOORDE~D/ I
`Dated: ~/ /V/N
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`AGREED TO:
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`Dated: O/'ff/2CVJS
`'
`'
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`L f R. Si
`. (ID No. 6204980)
`nd,
`Matthew J. Sampson (ID No. 6207606)
`McDonnell Boehnen Hulbert & Berghoff LLP
`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.
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`Attorneys for Defendants
`FFASTFILL PLC, FFASTFILL INC.,
`FUTURE DYNAMICS INC.,
`FFASTTRADE LLC,
`FFASTFILL EUROPE LTD., AND
`FFASTFILL FD LTD.
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`4
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`1
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`The Crossfire Quicktrade function.
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`The QuickTrade function within Crossfire allows a trader to view and trade
`a given market using a vertical ladder display of the depth of market. This
`function is aimed at proprietary traders who are trading a small number of
`markets only.
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`~ .. ~_:;~_ 1i.uui~:_~o~· J!_;;i~~z \ .. ·
`: LV~I["5 RVpiiii!E
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`This ladder which shows the prices on the
`·~ vertical and the bid/offer volumes for a
`·· ·.. given price on the horizontal provides the
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`I' trader with a high visual facility to enable
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`•ro:;.;-;;...c.:.::,,...z:.:.~:..,:;,.--.,--.:....;.1 him to :~
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`• See a gap in the market and
`beat the best bid/offer
`• See the market state, current
`best bid/offer,
`last
`traded
`detail, dally high and low and
`change on settlement price
`• Enter orders at a chosen price
`using a single mouse click
`(with default volumes for both
`left click and right click)
`• See his own working orders
`against
`the
`total bid/offer
`volumes at that price in the
`market
`the vertical price
`• Recentre
`display with a single click if
`the market moves up or down
`• Manage his orderbook and
`position from the same view
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`For those traders seeking that extra edge of speed, there Is an option
`to have the order entry triggered by the mouse down event rather than
`the click event.
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`The trader is able to see what orders he is working in the given market
`via the Wrk column. Since this uses the same vertical price ladder it is
`much easier for the trader to see where his orders are relative to the
`current market than it is In a grid based orderbook view. Similarly the
`trader can keep track of his position which is shown immediately above
`the vertical price ladder.
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`The same single click ease of use also applies
`the trader's
`to
`management of his orderbook using the Qulcktrade function. A single
`click In the working column at a particular price will pull all orders at
`that price. Similarly the pull all orders button and the flatten position
`button allow the trader to get out of the market quickly.
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`Exhibit 1 & B
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`LEFTY SCALP TRADING WINDOW
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`To any trader the most vital asset on any trading system is real estate. The more space he
`has available on his screen means more information he can utilize for trading. Some
`traders like to utilize charting models or news feeds on the same screen as their trading
`system.
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`Lefty Scalp was designed with the methodology that it would provide the users with one
`multi purpose-trading tool. The benefits of this new window would include:
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`• A ladder view that would display prices in an above and below manner, not side(cid:173)
`by-side. Above and Below was a tum used in the trading pits during open out cry
`trading.
`• All columns would be static.
`• The last traded price would be highlighted with a dynamic indicator cell moving
`up or down according to the market direction.
`• Options of single click order entry or regular order entry methods.
`• Customizable default quantities for quick trade order entry.
`• Single click order entry for stop loss orders.
`• Only utilizing the Left button on the mouse for all features.
`•
`Information cells would include,
`o Bid column
`o Volume column
`o Offer column
`o Last Traded Volume column
`o Working Order column
`o Part Fill indicator column
`o Filled column
`o Pull Order column
`• Rapid pull all bids, pull all offers, pull all orders buttons.
`• Single click cancellation of individual orders.
`• A dynamic position, profit and loss field.
`• A Cut Position button would cancel all working order and submit a new order to
`balance out the traders open position.
`• Drag and drop feature would allow traders to adjust their orders by left clicking
`on a order in the working order column and move it to a different price.
`• Cleansweep feature to buy or sell all volume up to or down to a desired price.
`• Directional cell to indicate the direction the market has moved based on the
`previous I 5 trades.
`• Bids column, offer column, last traded price, types of working orders are all
`displayed in customizable colors.
`• Font sizes and formats for each cell are customizable
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