Case: 1:10-cv-00929 Document #: 74 Filed: 11/30/11 Page 1 of 4 PageID #:695
`Case: 1:10-cv-Q0929 Document#: 70-1 Filed: 11129111 Page 2 of 77 PageiD #:601
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`Trading Technologies International, Inc.
`
`Plaintiff,
`
`'·
`Rosenthal Collins Group, LLC.
`
`Defendant.
`
`)
`)
`)
`)
`
`)
`)
`)
`)
`)
`)
`
`Civil Action No. 10 C 929
`(Consolidated with:
`10 c 715, 10 c 716, 10 c 718
`10 c 720, 10 c 721, 10 c 726,
`10 c 882, 10 c 883, 10 c 884,
`10C885,IOC931)
`
`Judge Virginia M. Kendall
`
`CONSENT JUDGMENT
`
`As a result of settlement of this action by virtue of a settlement agreement
`
`between the parties dated November 9, 2011 ("Settlemertt Agreemenf') (a redacted copy
`
`of which is attached as Exhibit 1 hereto) which shall become effective upon entry of !his
`
`Consent Judgment and a Consent Judgment filed in Civil Action No. 05 C 04088 and
`
`upon consent of Plaintiff, Trading Technologies International, Inc. ("'IT") and Defendant,
`
`Rosenthal Collins Group, LLC (''RCG"), judgment is hereby entered against RCG upon
`
`TI's Complaint, and it is hereby ORDERED, ADJUDGED, and DECREED that:
`
`I.
`
`IT commenced !his action for paient infringement against RCG on February 10,
`
`2010. This action alleges infringement of U.S. Patent Nos. 7,212,999 ("'999 patent"),
`
`7,533,056 ("'056 patent"), 7,587,357 ('"357 patenf'), and 7,613,651 ('"651 patent''). The
`
`complaint was subsequently amended to add claims of infringement of U.S. Patent Nos.
`
`7,676,4ll ('"411 patent"), 7,693,768 ('"768 parent"), 7,725,382 ('"382 patenf'),
`
`7,813,996 ('"9% pate11t"), 7,904,374 ("'374 patenf') and 7,930,240 ('"240 patent").
`
`RCG has received and reviewed a copy of the Complaint and Amended Complaints filed
`
`l
`
`TRADING TECH EXHIBIT 2080
`TD Ameritrade v. Trading Technologies
`CBM2014-00135
`
`Page 1 of 4
`
`
`Case: 1:10-cv-Q0929 Document#: 70-1 Filed: 11129111 Page 2 of 77 PageiD #:601
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`Trading Technologies International, Inc.
`
`Plaintiff,
`
`'·
`Rosenthal Collins Group, LLC.
`
`Defendant.
`
`)
`)
`)
`)
`
`)
`)
`)
`)
`)
`)
`
`Civil Action No. 10 C 929
`(Consolidated with:
`10 c 715, 10 c 716, 10 c 718
`10 c 720, 10 c 721, 10 c 726,
`10 c 882, 10 c 883, 10 c 884,
`10C885,IOC931)
`
`Judge Virginia M. Kendall
`
`CONSENT JUDGMENT
`
`As a result of settlement of this action by virtue of a settlement agreement
`
`between the parties dated November 9, 2011 ("Settlemertt Agreemenf') (a redacted copy
`
`of which is attached as Exhibit 1 hereto) which shall become effective upon entry of !his
`
`Consent Judgment and a Consent Judgment filed in Civil Action No. 05 C 04088 and
`
`upon consent of Plaintiff, Trading Technologies International, Inc. ("'IT") and Defendant,
`
`Rosenthal Collins Group, LLC (''RCG"), judgment is hereby entered against RCG upon
`
`TI's Complaint, and it is hereby ORDERED, ADJUDGED, and DECREED that:
`
`I.
`
`IT commenced !his action for paient infringement against RCG on February 10,
`
`2010. This action alleges infringement of U.S. Patent Nos. 7,212,999 ("'999 patent"),
`
`7,533,056 ("'056 patent"), 7,587,357 ('"357 patenf'), and 7,613,651 ('"651 patent''). The
`
`complaint was subsequently amended to add claims of infringement of U.S. Patent Nos.
`
`7,676,4ll ('"411 patent"), 7,693,768 ('"768 parent"), 7,725,382 ('"382 patenf'),
`
`7,813,996 ('"9% pate11t"), 7,904,374 ("'374 patenf') and 7,930,240 ('"240 patent").
`
`RCG has received and reviewed a copy of the Complaint and Amended Complaints filed
`
`l
`
`TRADING TECH EXHIBIT 2080
`TD Ameritrade v. Trading Technologies
`CBM2014-00135
`
`Page 1 of 4
`
`
`
`Case: 1:10-cv-00929 Document #: 74 Filed: 11/30/11 Page 2 of 4 PageID #:696
`Case: 1:10-cv-00929 Document#: 70-1 Filed: 11/29111 Page 3 of 77 PageiO #:602
`
`by TT in this action. RCG filed a counterclaim alleging infringement by TT of U.S.
`
`Patent Nos. 7,555,456 and 7,734,533.
`
`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 of the patents-in-suit asserted by TT, and has
`
`the right to sue upon, and recover drunages for past infringement and enjoin future
`
`infringement of the patents-in-snit.
`
`4.
`
`All claims of the
`
`'411, '768, '382, '996 and '374 patents are valid and
`
`enforceable.
`
`5.
`
`RCG has infringed the '411, '768, '382, '996 l!Ild '374 patents under 35 U.S.C.
`
`Section 271 by making, using, selling, offering for sale, importing and/or otherwise
`
`distributing electronic trading software that includes what RCG has called the ABV
`
`window, including the Onyx®, Onyx® 2, Onyx® Glide (which modified the previous
`
`version such that after a change in the inside market the price column drifts back to the
`
`center of the displayed ranges of prices), Onyx® Pro, and RCG Spreader software.
`
`Documentation and a copy of a web-based tutorial on a DVD describing some of these
`
`products is included in Exhibit 2. One version of the ABV window was the subject of
`
`summary judgment proceedings in Case No. 05 C 04088 (Dkt Nos. 157, 158,200, 201,
`
`202,258,259,290 and 313).
`
`6.
`
`Defendant RCG, its officers, agents, servants, employees, and other persons who
`
`are in active conce11 or participation with RCG {including its directors, partners,
`
`members, affiliates, subsidiaries, assigns, successors-in-interest to the extent permitted by
`
`Fed. R Civ. P. 65) are hereby permanently enjoined (unless expressly permitted by TT
`
`2
`
`Page 2 of 4
`
`
`
`Case: 1:10-cv-00929 Document #: 74 Filed: 11/30/11 Page 3 of 4 PageID #:697
`Case: 1:10-cv-Q0929 Document#: 70-1 Filed: 11/29111 Page 4 of 77 PageiD #:603
`
`(for example pursuant to the license granted in the Settlement Agreement)) during the
`
`terms of the '411, '768, '382, '996 and '374 patents from infringing the '411, '768, '382,
`
`'996 and '374 patents, including, without limitation, by the making, using, selling,
`
`offering for sale, importing, and otherwise disliibuting in the United States the electronic
`
`trading software products referred to in paragraph 5 above. This injunction applies, inter
`
`alia, to the use of the electronic trading software products referred to in paragraph 5
`
`above for electronically trading any item (e.g., futures, options, equities, fixed-income
`
`products, etc.).
`
`7.
`
`Pursuant to the Settlement Agreement, RCG has agreed to pay to TI an amoUIIt
`
`(specified in the Settlement Agreement) in settlement of ITs claims.
`
`8.
`
`The Settlement Agreement resolves all claims in this action. Accordingly, TI's
`
`claims of patent infringement of the '999, '056, '357, '651 and '240 patents are hereby
`
`dismissed with prejudice. Further, all counterclaims, including RCG's claims of patent
`
`infringement, are dismissed with prejudice.
`
`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 any party.
`
`11.
`
`Each party shall bear its own costs and attorneys' fees.
`
`[Signatures Of! Fol[()wlng Page]
`
`3
`
`Page 3 of 4
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`
`
`Case: 1:10-cv-00929 Document #: 74 Filed: 11/30/11 Page 4 of 4 PageID #:698
`Case; 1 :10-cv-00929 Document#: 70-1 Filed: 11/29/11 Page 5 of 77 PageiD #:604
`
`SO ORDERED
`/1-,30- (j
`Dated:
`
`AGREED TO:
`
`Le" R. Sigmond, Jr. (ID No. 6204980)
`Matthew J. Sampson (ID No. 6207606)
`McDonnell Boebnen Hulbert & Berghoff LLP
`300 South Wacker Drive
`Chicago, IL 60606
`Tel.: (312) 913-0001
`Fax: (312) 913-0002
`
`AttorneyB for Plaintiff
`TRADING TECHNOLOGmS
`INTERNATIONAL, INC.
`
`'3,-J..,.W,_ tR.. ~
`
`StacieR. Hartman (ID No. 6237265)
`Scbiff Hardin LLP
`233 S. Wacker Dr.- Suite 6600
`Chicago, IL 60606
`Tel.: (312) 258-5607
`Fax: {312) 258-5600
`
`AUomeyli for Defendant
`ROSENTHAL COLLINS GROUP, LLC
`
`4
`
`Page 4 of 4
`
`
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