UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`Trading Teclmologies International, Inc.,
`
`Plaintiff,
`
`v.
`
`)
`)
`)
`)
`)
`)
`
`TransMarket Group L.L.C.,
`
`)
`)
`)
`)
`)
`Defendant.
`· - - - - -_ )
`
`Civil Action No. 05 C 5161
`
`Judge Filip
`
`Magistrate Judge Schenkier
`
`CONSENT JUDGMENT
`
`As a result of settlement of this action by virtue of a confidential settlement
`
`agreement between the parties dated September 9, 2005 which shall become effective
`
`upon entry of this Consent Judgment and upon consent of Plaintiff, Trading Technologies
`
`International,
`
`Inc.
`
`("TI")
`
`and Defendant,
`
`TransMarket Group
`
`LLC
`
`("TRANSMARKET"), judgment is hereby entered against TRANSMARKET upon IT's
`
`Complaint, and it is hereby ORDERED, ADJUDGED, and DECREED that:
`
`1.
`
`IT commenced this action for patent infringement against TRANSMARKET on
`
`September 9, 2005. This action alleges that TRANSMARKET infringes U.S. Patent Nos.
`
`6,766,304 ('"304 patent") and 6,772,132 ("'132 patent"). TRANSMARKET has
`
`received and reviewed a copy of the Complaint filed by IT in this action.
`
`TT0055514
`TTX00055514
`
`TRADING TECH EXHIBIT 2074
`TD Ameritrade v. Trading Technologies
`CBM2014-00135
`
`Page 1 of 7
`
`
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`Trading Teclmologies International, Inc.,
`
`Plaintiff,
`
`v.
`
`)
`)
`)
`)
`)
`)
`
`TransMarket Group L.L.C.,
`
`)
`)
`)
`)
`)
`Defendant.
`· - - - - -_ )
`
`Civil Action No. 05 C 5161
`
`Judge Filip
`
`Magistrate Judge Schenkier
`
`CONSENT JUDGMENT
`
`As a result of settlement of this action by virtue of a confidential settlement
`
`agreement between the parties dated September 9, 2005 which shall become effective
`
`upon entry of this Consent Judgment and upon consent of Plaintiff, Trading Technologies
`
`International,
`
`Inc.
`
`("TI")
`
`and Defendant,
`
`TransMarket Group
`
`LLC
`
`("TRANSMARKET"), judgment is hereby entered against TRANSMARKET upon IT's
`
`Complaint, and it is hereby ORDERED, ADJUDGED, and DECREED that:
`
`1.
`
`IT commenced this action for patent infringement against TRANSMARKET on
`
`September 9, 2005. This action alleges that TRANSMARKET infringes U.S. Patent Nos.
`
`6,766,304 ('"304 patent") and 6,772,132 ("'132 patent"). TRANSMARKET has
`
`received and reviewed a copy of the Complaint filed by IT in this action.
`
`TT0055514
`TTX00055514
`
`TRADING TECH EXHIBIT 2074
`TD Ameritrade v. Trading Technologies
`CBM2014-00135
`
`Page 1 of 7
`
`
`
`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 of the '304 and '132 patents.
`
`4.
`
`All claims of the '304 and '132 patents are valid and enforceable.
`
`5.
`
`TRANSMARKET has 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 called Phoenix, a screenshot of which is included
`
`in Exhibit 1.
`
`6.
`
`Defendant TRANSMARKET, 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
`
`(and substantially similar products) including, without limitation, for use in electronically
`
`trading any item (e.g., futures, options, equities, fixed-income products, etc.).
`
`7.
`
`Any claims of infringement that TT has against TRANSMARKET based on
`
`TRANSMARKET' s use and/or distribution of electronic trading software provided by
`
`third parties, including Ecco, prior to entry of this judgment are dismissed without
`
`2
`
`TT0055515
`TTX00055515
`
`Page 2 of 7
`
`
`
`prejudice. The parties have addressed this issue in the Settlement Agreement by
`
`TRANS MARKET agreeing not to infringe the '304 and '132 patents and by IT releasing
`
`TRANSMARKET for all past damages relating to any past infringement. TT is not
`
`waiving the right to assert the '304 and/or '132 patents against TRANSMARKET based
`
`on TRANSMARKET's use and/or distribution of such third party software in the future.
`
`TRANSMARK.ET is not waiving any rights to assert that such third party software does
`
`not infringe the '304 and/or' 132 patents ifTT makes such an assertion of infringement in
`
`the future.
`
`8.
`
`IT waives its rights to damages from TRANSMARKET 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.
`
`9.
`
`Notwithstanding
`
`the
`
`terms of this Consent Judgment, TRANSMARKET
`
`expressly reserves the right to contest infringement if the TRANSMARKET software is
`
`modified so as to not infringe the patents-in-suit.
`
`In the event that TRANSMARKET
`
`contests infringement based on TRANSMARKET software that is modified, TT reserves
`
`the right to assert any and all claims against TRANSMARKET including without
`
`limitation a claim of contempt of court based on a violation of this Consent Judgment in
`
`the event that the Court finds there is no colorable difference between the modified
`
`TRANSMARKET software and the software that is the subject of this Consent Judgment.
`
`10.
`
`This Court shall retain jurisdiction over this case for purposes of enforcing the
`
`Consent Judgment and the confidential Settlement Agreement between the parties
`
`3
`
`TT0055516
`TTX00055516
`
`Page 3 of 7
`
`
`
`pursuant to which the Consent Judgment is filed. The tenns of that Settlement
`
`Agreement are incorporated by reference into this Order.
`
`11.
`
`The right to enforce this Consent Judgment shall transfer to any successor-in-
`
`interest to TT.
`
`12.
`
`Each party shall bear its own costs and attorneys' fees.
`
`SO ORDERED
`
`Dated: 1- /5 -or
`
`AGREED TO:
`
`Mark Filip
`United States District Court
`
`Dated: I/~)-/J.. ::> "5
`
`L TR. Sig
`pson (ID No. 6207606)
`atthew J.
`McDonnell Boehnen Hulbert & Berghoff LLP
`300 South Wacker Drive
`Crucago, IL 60606
`Tel.: (312)913-0001
`Fax: (312) 913-0002
`
`Attorneys for Plaintiff
`TRADING TECHNOLOGIES
`INTERNATIONAL, INC.
`
`Ira Kalina (ID No. 6225281)
`Gardner, Carton & Douglas LLP
`191 North Wacker Drive
`Suite 3700
`Chicago, illinois 60606-1698
`Tel.: 312.569.1000
`Fax: 312.569.3000
`Attorneys for Defendant
`TRANSMARKETGROUPLLC
`
`4
`
`TT0055517
`TTX00055517
`
`Page 4 of 7
`
`
`
`1
`
`TT0055518
`TTX00055518
`
`Page 5 of 7
`
`
`
`E~hibit 1
`
`Example TransMarket screenshot and Documentation (infringing)
`
`SCREENSHOT A IT ACHED.
`
`"Phoenix" is a trading software program developed for TransMarket that previously
`contained the trading ladder interface identified in the attached screenshot. The primary
`purpose of the software is to execute a spread trading strategy. The ladder interface was
`previously available as incidental functionality in the event that a trader received a partial
`fill on the spread strategy and the trader needed to complete the trade. The ladder
`interface included a display of price levels with quantities of products in the market
`dynamicaUy displayed relative to such price levels.
`
`TT0055519
`TTX00055519
`
`Page 6 of 7
`
`
`
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`
`TT0055520
`TTX00055520
`
`Page 7 of 7
`
`
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