DECLARATION OF ROB MOORE
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`I, Rob Moore, declare that:
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`I am personally familiar with the facts set forth herein, and, if called as a witness,
`1.
`I could and would testify thereto of my own personal knowledge.
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`I have over 20 years experience in futures trading. I started trading on the floor of
`2.
`the Chicago Board of Trade ("CBOT") in around 1980. In 1990, Jim Heinz and I
`founded Marquette Partners, a proprietary trading firm. Marquette was an early pioneer
`in electronic futures trading when it began trading electronically on the DTB exchange in
`Germany. Marquette has grown from 5 employees to now over 85 traders, IT
`professionals and support staff. Marquette is now a leading liquidity provider to the
`world's largest derivatives exchanges and has successfully trained individuals who trade
`on electronic exchanges around the world, including the Chicago Mercantile Exchange,
`CBOT, Eurex, Euronext-Paris, Euronext-LIFFE and Borsa Italia.
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`Sometime in 2000 I saw a beta version of what became TT's MD Trader product.
`3.
`My initial reaction was that TT had come up with a different way to show price
`movements and allow for order entry than the typical order entry tools being used at the
`time. I liked that the new tool provided the ability to easily see movement in the market
`by displaying the market data against a static column of prices so that the data moved
`relative to the prices. I also liked the ability it provided to confidently click at various
`price levels to enter orders.
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`When TT released MD Trader as a product, Marquette rolled it out to a small
`4.
`group (5-10) of traders. In short order, we were able to see that the MD Trader product
`provided a real edge over the preexisting order entry screens. Today all but one of our
`traders uses MD Trader. The transition period from the old style screens to MD Trader
`was difficult, though, because MD Trader was such a significant change from what
`traders were used to. However, once traders got past that initial period of adjustment,
`they saw the great advantages of using MD Trader and now could not switch back.
`
`The reason that MD Trader was such an improvement over the preexisting order
`5.
`entry screens was because it increased the speed in which a trader could react to market
`conditions and enter orders. This speed is critical to the success of a trader who trades
`electronically. MD Trader provided this speed benefit by providing for very accurate and
`fast order entry as compared to the preexisting screens because there was no risk of the
`prices changing while a trader was attempting to enter an order through a mouse click.
`MD Trader also had an improved display of the market data such that a trader could
`easily see the ebb and flow of the market. This improved display reduced the mental
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`TRADING TECH EXHIBIT 2038
`TD Ameritrade v. Trading Technologies
`CBM2014-00136
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`

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`burden on the trader compared to the older style screens in which the trader need to make
`mental calculations to determine how the market was moving and the extent of the
`movement. The MD Trader product also had a one-click recentering feature that was
`valuable because it allowed the trader to quickly bring the display of the market to the
`center of the screen and set a point of reference. I had never seen any of these features in
`preexisting electronic trading tools.
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`The MD Trader product initially met with some resistance. For example, because
`6.
`of the fixed nature of the prices there is a risk in MD Trader of the market information
`floating off of the screen. This is impossible with the preexisting systems. Also, traders
`were so used to using the preexisting systems and did not perceive any problems with
`those systems. Prior to the release of MD Trader, TT's X_ Trader product included an
`older style order entry screen. We were using this as our order entry screen and TT was
`regularly making incremental improvements and enhancements to the screen. MD
`Trader, on the other hand, was a complete departure from this typical older style order
`entry screen. It was only after seeing the benefits ofthis new unusual screen that people
`like myself realized the shortcomings of the preexisting systems.
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`After TT launched MD Trader, almost every other independent software vendor
`7.
`(ISV) released products with similar features, such as the static price, the improved order
`entry and the recentering features.
`
`~,2004.
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`J I declare under penalty of perjury that the foregoing is true and correct. Executed on July
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