Case: 1:10-cv-00715 Document#: 524 Filed: 02/06/14 Page 1 of 3 Pagel D #:23118 a [ t
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`EXECUTION COPY
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`CONSENT JUDGMENT
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`Trading Technologies International, Inc.
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`Plaintiff,)
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`v.
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`BGC Capital Markets, L.P .,
`eSpeed Markets, L.P ., and Eccoware,
`Ltd.
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`Defendants.
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`Civil Action No.lO C 715
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`(Consolidated with:
`10C716,10C718
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`!OC720, IOC721, 10C726,
`IOC882, IOC883,10C884,
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`IOC885, 10C929,10C931)
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`Judge Virginia M. Kendall
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`CONSENT JUDGMENT
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`As a result of settlement of this action by virtue of a settlement agreement between the parties
`dated January ~ 2014 ("Settlement Agreement") which shall become effective upon entry of this
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`Consent Judgment and upon consent of Plaintiff, Trading Teclmologies International, Inc. ("IT") and
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`Defendants, eSpeed Markets, L.P., BGC Capital Markets, L.P. and Eecoware, Ltd., judgment is hereby
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`entered against Defendants upon TI"s Complaint, and it is hereby ORDERED, ADJUDGED, and
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`DECREED that:
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`1.
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`IT commenced this action for patent infringement agai!lS1 BGC Partners, Inc. on February 3,
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`2010. The complaint was subliequently amended three times to add and remove certain panies and to add
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`certain patents. The cummt complaint alleges infringement of U.S. Patent Nos. 7,533,056 ("'056 patent;,
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`7,587;357 ("'357 patent"), 7,613,651 ("'651 patent"), 7,676,411 ("'41 I patent"), 7,685,055 ("'055 patenti,
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`7,693,768 {"'768 patent"), 7,725,382 {'"382 patent''), 7,813,996 ('"996 patent"), 7,904,374 ("'374 patent")
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`and 7,930,240 ("'240 patent"). Defendants have received and reviewed a copy of the Complaint and
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`Amended Complaints filed by IT in this action.
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`2.
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`This Court has jUTisdiction over the parties to this action and over the subject matter of the
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`Complaint.
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`3.
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`TT has alleged that IT is the sole and exclusive owner of the patents-in-suit asserted by IT, and
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`has the right to sue upon, and recover damages for past infringement and eqjoin futUTe intiingement of the
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`70155vl
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`14
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`TTX03359192
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`TRADING TECH EXHIBIT 2081
`TD Ameritrade v. Trading Technologies
`CBM2014-00135
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`Page 1 of 3
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`case: 1:10-cv-00715 Document#: 524 Filed: 02/06/14 Page 2 of 3 PageiD #:23119
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`EXECUTION COPY
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`patents-in-sult.
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`4.
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`IT bas alleged that Defendants have infringed the '056, '382, '411, '055, '768, '374 and '996
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`patents (the "Asserted Patents"} under 3S U.S.C. § 271 by making, using, selling. offering for sale,
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`importing and/or otherwise distributing electronic trading software inc! uding screens referred to as Dual
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`Dynamic and eSpeedometer. Documentation describing the Dual Dynamic and eSpeedometer screens is in
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`Exhibit B of the Settlement Agreement. The Dual Dynamic and eSpeedometer screens were the subject of
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`summary judgment proceedings in Case No. 04 CV 5312 (Dkt Nos. 538,541-543,595-598, 606, 651, and
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`707-708). Defendants have agreed to stop making. using, selling, offering for sale, importing and/or
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`otherwise distributing the accused products and have consented to entry of a permanent ltijunction.
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`5.
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`Defendants, their officers, agents, servants, employees, and other persons who are In active
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`concert or participation with Defendants (including their directors, partners, members, affiliates,
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`subsidiaries, assigns. successors-in-interest to the extent permitted by Fed. R. Civ. P. 65) are bereby
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`permanently enjoined (unless expressly permitted by IT or pursuant to the terms of the Settlement
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`Agreement) during the terms ofthe '056, '382, 411, '055, '768, '374 lUld '996 patents from infringing the
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`'056, '382, 411, '055, '768, '374 and '996 patents, including, without limitation, by the making. using,
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`3elling, offering for sale, importing, and otherwise distributing in the United States the electronic trading
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`software products referred to in paragraph 4 above. This injunction applies, Inter alia, to the use of the
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`electronic trading software products referred to in paragraph 4 above for electronically trading any item
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`{e.g., futures, options, equities, fixed-income products, etc.).
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`6.
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`Pursuant to the Settlement Agreement, Defendants have agreed to pay to IT an amount (specified
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`in the Settlement Agreement) in settlement of TT' s claims.
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`7.
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`The Settlement Agreement resolves all claims currently before this Court in this action.
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`Accordingly, IT's claims of patent Infringement of the '357, '651, and '240 patents are hereby dismissed
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`with prejudice. Further, all counterclaims are dismissed with prejudice.
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`8.
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`This Court shall retain jurisdiction over this case for purposes of enforcing the Consent Judgment
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`and the Settlement Agreement between the parties pursuant to which the Consent Judgment is filed.
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`9.
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`The right to enforce this Consent Judgment shall transfer to any successor-in-interest to any party.
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`I 0.
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`Each party shall bear its own costs and attorneys' fees.
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`701SSvl
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`TTX03359193
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`Case: 1:10-cv-00715 Document#: 524 Filed: 02/06/14 Page 3 of 3 PageiD #:23120
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`SO ORDERED
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`Dated:__.d/ 6 _.. ¥
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`AGREED TO:
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`Dated: !).~ /i
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`LelfR. Slgmond. Jr. (ID No. 6204980)
`Matthew J. Sampson {ID No. 6207606)
`McDonnell BoeltDell Halbert & Berghoff LLP
`300 Soulh Wacker Drive
`Chlcago,IL 60606
`Tel.: (312) 913-0001
`Fax: (312) 913-0002
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`Attonteys for Plabttitf
`TRADING TECHNOWGIES
`INTERNATIONAL, INC.
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`Rosen, PC
`63 w. Lancaster Ave., Suite 1
`Ardmore, PA 19003
`610-658-8790
`Attomeys for Defendants
`eSPEED MARKETS, L.P., BGC CAPITAL
`MARKETS, L.P., 11ad ECCOWARE, LTD.
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`10!SSvl
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`TTX03359194
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`Page 3 of 3
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