`
`Filed 11/02/2005 Page 1 of 6
`
`AC
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`Trading Technologies International, Inc.,
`
`Plaintiff,
`
`v.
`
`Ore Software, Inc., and Ore Software AB (pub!),
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`
`)
`)
`)
`)
`)
`
`Civil Action No. 05 C 6265
`
`Judge Moran
`
`CONSENT JUDGMENT
`
`As a result of settlement of this action by virtue of a confidential settlement
`
`agreement between the parties dated October 31, 2005 which shall become effective upon
`
`entry of this Consent Judgment and upon consent of Plaintiff, Trading Technologies
`
`International, Inc. ("TT") and Defendants, Ore Software, Inc. and Ore Software AB (pub!)
`
`(collectively, "ORC"), judgment is hereby entered against ORC upon TT' s Complaint,
`
`and it is hereby ORDERED, ADJUDGED, and DECREED that:
`
`I.
`
`TT commenced this action for patent infringement against ORC on October 31,
`
`2005. This action alleges that ORC infringes U.S. Patent Nos. 6,766,304 ("'304 patent")
`
`and 6, 772,132 ("' 132 patent"). ORC has received and reviewed a copy of the Complaint
`
`filed by TT in this action.
`
`1
`
`TT0053033
`TTX00053033
`
`TRADING TECH EXHIBIT 2075
`TD Ameritrade v. Trading Technologies
`CBM2014-00135
`
`Page 1 of 6
`
`
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`Case 1 :05-cv-06265 Document 9
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`Filed 11/02/2005 Page 2 of 6
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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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`TT 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 not invalid and not unenforceable.
`
`TT has alleged that ORC 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
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`distributing, electronic trading software called the Ore Futures trading screen, screenshots
`
`and documentation of which are included in Exhibit 1. ORC does not contest these
`
`allegations of infringement. Accordingly, this Court finds that ORC has infringed the
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`'304 and '132 patents under 35 U.S.C. Section 271 by making, using, selling, offering for
`
`sale, importing, and/or otherwise distributing, the electronic trading software called Ore
`
`Futures which is shown in Exhibit 1.
`
`6.
`
`Defendant ORC, 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
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`sale, importing, and otherwise distributing in the United States the electronic trading
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`software products referred to in paragraph 5 above (and substantially similar products)
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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 product~. etc.).
`
`2
`
`TT0053034
`TTX00053034
`
`Page 2 of 6
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`
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`Case 1 :05-cv-06265 Document 9
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`Filed 11/02/2005 Page 3 of 6
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`7.
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`TT waives its rights to damages from ORC arising from the manufacture, use,
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`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.
`
`This Court shall retain jurisdiction over this case for purposes of enforcing the
`
`Consent Judgment
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`9.
`
`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.
`
`Each party shall bear its own costs and attorneys' fees.
`
`3
`
`TT0053035
`TTX00053035
`
`Page 3 of 6
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`
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`Case 1 :05-cv-06265 Document 9
`
`Filed 11/02/2005 Page 4 of 6
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`SO ORDERED
`
`Dated:
`
`If h J OS
`17
`
`United States District Court Judge
`
`LeifR. Sigmond, Jr. (ID No. 6204980)
`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
`
`Attorneys for Plaintiff
`TRADING TECHNOLOGIES
`INTERNATIONAL, INC.
`
`AGREED TO:
`
`Dated:
`
`Dated: IJI,t- ~ fia?5
`
`4
`
`TT0053036
`TTX00053036
`
`Page 4 of 6
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`
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`Case 1 :05-cv-06265 Document 9
`
`Filed 11/02/2005 Page 5 of 6
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`EXHIBIT 1
`
`TT0053037
`TTX00053037
`
`Page 5 of 6
`
`
`
`Case 1 :05-cv-06265 Document 9
`
`Filed 11/02/2005 Page 6 of 6
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`SINGLE CLICK ORDER ENTRY AVAILABLE FROM THE
`ORDER/OEPTH PANEL.
`
`Combined Order/Depth Panel
`
`TT0053038
`TTX00053038
`
`Page 6 of 6
`
`
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