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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`Rosenthal Collins Group, LLC,
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`Plaintiff,
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`v.
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`Trading Technologies International, Inc.,
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`Defendant.
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`Civil Action No. 05 C 04088
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`Judge Sharon Johnson Coleman
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`Magistrate Judge Young B. Kim
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`CONSENT JUDGMENT
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`As a result of settlement of this action by virtue of a settlement agreement
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`between the parties dated November 9, 2011 ("Settlement Agreement") (a redacted copy
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`of which is attached as Exhibit 1 hereto) which shall become effective upon entry of this
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`Consent Judgment and the entry of a Consent Judgment filed in Civil Action No. 10 C
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`929 and upon consent of Defendant, Trading Technologies International, Inc. ("TT") and
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`Plaintiff, Rosenthal Collins Group, LLC ("RCG"), judgment is hereby entered against
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`RCG upon TT's Counterclaims, and it is hereby ORDERED, ADJUDGED, and
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`DECREED that:
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`1.
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`RCG commenced this action for, inter alia, a declaratory judgment of non-
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`infringement and invalidity against TT on July 15, 2005. TT filed counterclaims against
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`RCG on August 23, 2005. TT's counterclaims allege infringement of U.S. Patent Nos.
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`6,766,304 ("304 patent") and 6,772,132 ("132 patent"). RCG's declaratory judgment
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`claims also relate to the '304 and' 132 patents. RCG ~rresei~~-f!}fbr~ir;wed a copy of
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`the Counterclaims filed by TT in this action.
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`2 S : II WV S l AON II OZ
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`1
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`TRADING TECH EXHIBIT 2079
`TD Ameritrade v. Trading Technologies
`CBM2014-00135
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`Page 1 of 4
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`Case: 1:05-cv-04088 Document #: 558 Filed: 11/15/11 Page 2 of 4 PageID #:9338
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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 patents-in-suit asserted by TT, 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 patents-in-suit.
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`4.
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`5.
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`All claims ofthe '304 and '132 patents are valid and enforceable.
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`RCG has infringed the '304 and '132 patents under 35 U.S.C. Section 271 by
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`making, using, selling, offering for sale, importing and/or otherwise distributing
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`electronic trading software that includes what RCG has called the ABV window, which
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`was the subject of summary judgment proceedings before this Court (Dkt. Nos. 157, 158,
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`200, 201, 202, 258, 259, 290 and 313) and was included in RCG's Onyx®, Onyx® 2,
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`Onyx® Pro, and RCG Spreader software. Documentation and a copy of a web-based
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`tutorial on a DVD describing some these products are included in Exhibit 2.
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`6.
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`Defendant RCG, its officers, agents, servants, employees, and other persons who
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`are in active concert or participation with RCG (including its directors, partners,
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`members, affiliates, subsidiaries, assigns, successors-in-interest to the extent permitted by
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`Fed. R. Civ. P. 65) are hereby permanently enjoined (unless expressly permitted by TT)
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`during the terms of the '304 and '132 patents from infringing the '304 and '132 patents,
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`including, without limitation, by the making, using, selling, offering for sale, importing,
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`and otherwise distributing in the United States the electronic trading software products
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`referred to in paragraph 5 above. This injunction applies, inter alia, to the use of the
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`electronic trading software products referred to in paragraph 5 above for electronically
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`trading any item (e.g., futures, options, equities, fixed-income products, etc.).
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`2
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`Page 2 of 4
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`Case: 1:05-cv-04088 Document #: 558 Filed: 11/15/11 Page 3 of 4 PageID #:9339
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`7.
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`Pursuant to the Settlement Agreement, RCG has agreed to pay to TT an amount
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`(specified in the Settlement Agreement) in settlement of TT' s claims, which includes the
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`fine assessed against RCG in the Court's order dated Feb. 23, 2011. RCG has no further
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`obligations to make any payment to the Court.
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`8.
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`The Settlement Agreement resolves all claims in this action. Accordingly, RCG's
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`counts in its complaint are hereby dismissed with prejudice.
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`9.
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`This Court shall retain jurisdiction over this case for purposes of enforcing the
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`Consent Judgment and the Settlement Agreement between the parties pursuant to which
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`the Consent Judgment is filed.
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`10.
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`The right to enforce this Consent Judgment shall transfer to any successor-in-
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`interest to any party.
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`11.
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`The Clerk of the Court is hereby ordered to release all funds held in Escrow in the
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`Court's registry fund pursuant to Judge Kim's July 21, 2010 order to TT. Otherwise,
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`each party shall bear its own costs and attorneys' fees.
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`[Signatures on Following Page]
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`3
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`Page 3 of 4
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`Case: 1:05-cv-04088 Document #: 558 Filed: 11/15/11 Page 4 of 4 PageID #:9340
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`SO ORDERED
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`Dated:
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`trk:_/t;
`I I
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`AGREED TO:
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`Dated : _
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`__J)L.LI--j/1-L, --'-s-l-/_,_t-'-1 __
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`on Coleman
`es District Court Judge
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`LeifR. Sigmond, Jr. (I 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
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`Attorneys for Defendant
`TRADING TECHNOLOGIES
`INTERNATIONAL, INC.
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`William F. Abrams (SBN 88805)
`Bingham McCutchen LLP
`1900 University A venue
`East Palo Alto, CA 94303-2223
`Telephone: 650.849.4880
`Facsimile: 650.849.4800
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`Attorneys for Plaintiff
`ROSENTHAL COLLINS GROUP, LLC
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`Page 4 of 4
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