UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`Trading Technologies International, Inc.,
`
`)
`)
`) Civil Action No. 05 C 1079
`)
`) The Honorable Wayne Andersen
`)
`) Magistrate Geraldine Soat Brown
`)
`)
`)
`)
`)
`)
`)
`)
`Defendants.
`______________________________ )
`
`Plaintiff,
`
`v.
`
`REFCO GROUP LTD., LLC, REFCO LLC,
`REFCO EASYSOLUTIONS, LLC,
`REF CO SCREENS, LTD,
`REFCO TRADING SERVICES LTD.,
`REFCO GLOBAL FUTURES, LLC, and
`REFCO OVERSEAS LIMITED,
`
`CONSENT JUDGMENT
`
`As a result of settlement of this action by virtue of a settlement agreement
`
`between the parties dated September 29, 2006 which shall become effective upon entry of
`
`this Consent Judgment and upon consent of Plaintiff, Trading Technologies International,
`
`Inc. ("TT") and Defendants, Refco Group Ltd., LLC, Refco, LLC, Refco Easysolutions,
`
`LLC, Refco Trading Services Ltd., Refco Global Futures, LLC, Refco Overseas
`
`Limited, Refco Screens, Limited (formerly known as EasyScreen Ltd., formerly known
`
`as EasyScreen Plc) (collectively, "REFCO"), judgment is hereby entered against REFCO
`
`upon TT's Complaint, and it is hereby ORDERED, ADJUDGED, and DECREED that:
`
`TT0102293
`
`TTX00102293
`
`TRADING TECH EXHIBIT 2076
`TD Ameritrade v. Trading Technologies
`CBM2014-00135
`
`Page 1 of 5
`
`
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`Trading Technologies International, Inc.,
`
`)
`)
`) Civil Action No. 05 C 1079
`)
`) The Honorable Wayne Andersen
`)
`) Magistrate Geraldine Soat Brown
`)
`)
`)
`)
`)
`)
`)
`)
`Defendants.
`______________________________ )
`
`Plaintiff,
`
`v.
`
`REFCO GROUP LTD., LLC, REFCO LLC,
`REFCO EASYSOLUTIONS, LLC,
`REF CO SCREENS, LTD,
`REFCO TRADING SERVICES LTD.,
`REFCO GLOBAL FUTURES, LLC, and
`REFCO OVERSEAS LIMITED,
`
`CONSENT JUDGMENT
`
`As a result of settlement of this action by virtue of a settlement agreement
`
`between the parties dated September 29, 2006 which shall become effective upon entry of
`
`this Consent Judgment and upon consent of Plaintiff, Trading Technologies International,
`
`Inc. ("TT") and Defendants, Refco Group Ltd., LLC, Refco, LLC, Refco Easysolutions,
`
`LLC, Refco Trading Services Ltd., Refco Global Futures, LLC, Refco Overseas
`
`Limited, Refco Screens, Limited (formerly known as EasyScreen Ltd., formerly known
`
`as EasyScreen Plc) (collectively, "REFCO"), judgment is hereby entered against REFCO
`
`upon TT's Complaint, and it is hereby ORDERED, ADJUDGED, and DECREED that:
`
`TT0102293
`
`TTX00102293
`
`TRADING TECH EXHIBIT 2076
`TD Ameritrade v. Trading Technologies
`CBM2014-00135
`
`Page 1 of 5
`
`
`
`1.
`
`TT commenced this action for patent infringement against some of the REFCO
`
`entities on February 23, 2005. The Complaint was amended on ___ , 2006 to add
`
`additional parties. This action alleges that REFCO infringes U.S. Patent Nos. 6,766,304
`
`("' 304 patent") and 6, 772,132 ('" 132 patent"). REF CO 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.
`
`TT is the sole and exclusive owner ofthe '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.
`
`4.
`
`REFCO does not contest the validity or enforceability of the '304 and '132
`
`patents. Accordingly, this Court finds that all claims of the '304 and '132 patents are
`
`valid and enforceable.
`
`5.
`
`REFCO 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 the Refco Pro Ladder Ticket and the Easyscreen Ladder
`
`Ticket, screenshots and documentation of which are attached as Exhibit 1.
`
`6.
`
`Defendant REFCO,
`
`its officers, directors, partners, members, affiliates,
`
`subsidiaries, assigns, and successors-in-interest are hereby permanently enjoined 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,
`
`TT0102294
`
`TTX00102294
`
`Page 2 of 5
`
`
`
`facilitating connectivity for and otherwise distributing in the United States the electronic
`
`trading software products referred to in paragraph 5 above (and substantially similar
`
`elements) including, without limitation, for use in electronically trading any item (e.g.,
`
`futures, options, equities, fixed-income products, etc.).
`
`7.
`
`Conditioned upon receiving a complete payment pursuant to the terms in the
`
`September 29, 2006 settlement agreement, TT waives its rights to damages from REFCO
`
`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.
`
`All counterclaims brought by REFCO against TT in this lawsuit are hereby
`
`dismissed with prejudice. This Consent Judgment fully resolves all issues in this lawsuit.
`
`9.
`
`This Court shall retain jurisdiction over this case for purposes of enforcing the
`
`Consent Judgment and the Settlement Agreement between the parties pursuant to which
`
`the Consent Judgment is filed.
`
`10.
`
`The right to enforce this Consent Judgment shall transfer to any successor-in-
`
`interest to TT.
`
`11.
`
`Each party shall bear its own costs and attorneys' fees.
`
`TT0102295
`
`TTX00102295
`
`Page 3 of 5
`
`
`
`SO ORDERED
`Dated·:~UrV~d~J-Uv .3o 1 :2JJ!i6
`
`I
`
`AGREED TO:
`
`Dated: November 16, 2006
`
`Dated: November 21, 2006
`
`Dated: November 17,2006
`
`United States District Court Judge
`
`s/ Jennifer M. Kurcz
`LeifR. Sigmond, Jr. (ID No. 6204980)
`Matthew J. Sampson (ID No. 6207606)
`Jennifer M. Kurcz (ID No. 6279893)
`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.
`
`s/ Karen Nelson
`Karen Nelson
`Kirkland & Ellis LLP
`200 East Randolph Dr.
`Chicago, IL 60601
`Attorney for Defendants,
`REFCO GROUP LTD., LLC, REFCO
`EASYSOLUTIONS, LLC, REFCO SCREENS,
`LTD, REFCO TRADING SERVICES LTD.,
`REFCO GLOBAL FUTURES, LLC,
`REFCO OVERSEAS LIMITED
`
`s/ Jerry L. Switzer, Jr.
`JeiTy L. Switzer, Jr.
`Jenner & Block LLP
`330 N. Wabash Avenue
`Chicago, IL 60611-7603
`Attorneys for Albert Togut, not individually but
`solely as Chapter 7 Trustee for Defendant,
`REFCO,LLC
`
`TT0102296
`
`TTX00102296
`
`Page 4 of 5
`
`
`
`EXHIBIT 1
`
`The Software
`
`account:
`
`The above screenshots are representative of the infringing elements of the products
`offered by Refco, Refco EasySolutions, and EasyScreen. These elements were referred
`to as the ladder ticket or the ladder. The most recent versions of these elements
`functioned such that the price ladder and the associated market indicators automatically
`drifted smoothly back to center after a visible market movement. This Agreement applies
`to these most recent versions of these elements as well as the previous versions which did
`not include such an automatic smooth drift/recenter feature.
`
`TT0102297
`
`TTX00102297
`
`Page 5 of 5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
