UNnEDSTATESD~TIUCTCOURT
`NORTHERN D~TRICT OF aLINOIS
`EASTERN DMSION
`
`Trading Technologies International, Inc.,
`
`Plaintiff,
`
`v.
`
`Goldenberg, Hehmeyer & Co.,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`
`)
`)
`)
`)
`
`Civil Action No. 04 C 6278
`
`Judge Blanche M. Manning
`
`Magistrate Martin C. Ashman
`
`CONSENT JUDGMENT
`
`As a result of settlement of this action by virtue of a settlement agreement
`
`between the parties dated September 29, 2004 which shall become effective upon entry of
`
`this Consent Judgment and upon consent of Plaintiff, Trading Technologies International,
`
`Inc. ("TT") AND Defendant, Goldenberg Hehmeyer & Co. ("GH"), judgment is hereby
`
`entered against GH upon TT' s Complaint, and it is hereby ORDERED, ADJUDGED,
`
`and DECREED that:
`
`1.
`
`TT commenced this action for patent infringement against GH on September 28,
`
`2004, alleging that GH infringes U.S. Patent Nos. 6,766,304 ('"304 patent") and
`
`6,772,132 ('" 132 patent"). GH has received and reviewed a copy of the Complaint filed
`
`by TT in this action.
`
`.··
`
`1
`
`TT 030247
`
`TTX00030247
`
`TRADING TECH EXHIBIT 2063
`TD Ameritrade v. Trading Technologies
`CBM2014-00136
`
`Page 1 of 6
`
`
`NORTHERN D~TRICT OF aLINOIS
`EASTERN DMSION
`
`Trading Technologies International, Inc.,
`
`Plaintiff,
`
`v.
`
`Goldenberg, Hehmeyer & Co.,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`
`)
`)
`)
`)
`
`Civil Action No. 04 C 6278
`
`Judge Blanche M. Manning
`
`Magistrate Martin C. Ashman
`
`CONSENT JUDGMENT
`
`As a result of settlement of this action by virtue of a settlement agreement
`
`between the parties dated September 29, 2004 which shall become effective upon entry of
`
`this Consent Judgment and upon consent of Plaintiff, Trading Technologies International,
`
`Inc. ("TT") AND Defendant, Goldenberg Hehmeyer & Co. ("GH"), judgment is hereby
`
`entered against GH upon TT' s Complaint, and it is hereby ORDERED, ADJUDGED,
`
`and DECREED that:
`
`1.
`
`TT commenced this action for patent infringement against GH on September 28,
`
`2004, alleging that GH infringes U.S. Patent Nos. 6,766,304 ('"304 patent") and
`
`6,772,132 ('" 132 patent"). GH has received and reviewed a copy of the Complaint filed
`
`by TT in this action.
`
`.··
`
`1
`
`TT 030247
`
`TTX00030247
`
`TRADING TECH EXHIBIT 2063
`TD Ameritrade v. Trading Technologies
`CBM2014-00136
`
`Page 1 of 6
`
`
`
`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 '304 patent and the' 132 patent, and has
`
`the right to sue upon, and recover damages for past infringement and enjoin future
`
`infringement of the '304 and ' 132 patents.
`
`4.
`
`5.
`
`All claims of the '304 and '132 patents are valid and enforceable.
`
`GH has directly infringed the '304 and '132 patents by making and using
`
`electronic trading software currently referred to as "GH Trader," screenshots included in
`
`Exhibit A.
`
`6.
`
`Defendant GH, its officers, directors, partners, affiliates, subsidiaries, assigns, and
`
`successors-in-interest are hereby permanently enjoined during the terms of the '304 and
`
`'132 patents from the making, using, selling, offering for sale, importing and otherwise
`
`distributing in the United States the electronic trading software products referred to in
`
`paragraph 5 above.
`
`7.
`
`Any claims of infringement that TI has against GH based on GH's use and/or
`
`distribution of electronic trading software provided by Patsystems, CQG, Rolfe & Nolan
`
`and Strategy Runner prior to entry of this judgment are dismissed without prejudice. The
`
`parties have addressed this issue in the Settlement Agreement by TT granting to GH a
`
`limited covenant not to sue. TT is not waiving any rights to assert the '304 and '132
`
`patents against GH based on GH' s use and/or distribution of such third party software in
`
`the future if the limited covenant not to sue is terminated. GH is not waiving any rights
`
`2
`
`TT 030248
`
`TTX00030248
`
`Page 2 of 6
`
`
`
`to assert that such third party software does not infringe the '304 and '132 patents if the
`
`limited covenant not to sue is terminated.
`
`8.
`
`TI waives its rights to damages from GH arising from the manufacture, use, sale
`
`or offers to sell the electronic trading software products referred to in paragraph 5 above
`
`prior to entry of this Judgment.
`
`9.
`
`Notwithstanding the terms of this Consent Judgment, GH expressly reserves the
`
`right to contest infringement if the GH software is modified so as to not infringe the
`
`patents-in-suit. In the event that GH contests infringement based on GH software that is
`
`modified, 'IT reserves the right to assert any and all claims against GH including without
`
`limitation a claim of contempt of court based on a violation of this Consent Judgment in
`
`the event that the Court finds there is no colorable difference between the modified GH
`
`software and the software that is the subject of this Consent Judgment.
`
`10.
`
`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.
`
`11.
`
`Each party shall bear its own costs and attorneys' fees.
`
`SO ORDERED
`
`Dated: ~;jy·
`
`I
`
`.
`
`'1/wk'l!t~
`
`. ···-- .
`. ....
`Blanche:M.:Manmag.--·, __ ..__.~.:· ... · ·
`United States District Court Judge
`
`_·j
`
`3
`
`TT 030249
`
`TTX00030249
`
`Page 3 of 6
`
`
`
`AGREED TO:
`
`Dated:?~ 2CrJJ
`
`Paul H. Berghoff (ID No. 6180462)
`LeifR. Sigmond, Jr. (ID 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
`
`Attorneys for Plaintiff
`TRADING TECHNOLOGIES
`INTERNATIONAL, INC.
`
`Attorneys for Defendant
`GOLDENBERG HEHMEYER & CO.
`
`TT 030250
`
`4
`
`TTX00030250
`
`Page 4 of 6
`
`
`
`Working
`
`Bid
`
`. Position
`0
`
`Change
`111_065
`
`153084
`Volume
`
`. High
`
`Low
`
`1
`
`10
`_2_j~
`,__:J_!j
`0/1
`0/1
`~~
`:~~
`I
`
`Clear
`
`121 ...
`
`1
`
`2
`1090
`600
`500
`389 ...
`
`~
`
`~
`
`EXHIBIT
`
`~ _ll_
`~
`\
`~~
`
`TT 030251
`
`TTX00030251
`
`Page 5 of 6
`
`
`
`....
`
`52_ 19+
`52 192
`52_ 19
`52 186
`-
`52 18+
`
`52 182
`
`...
`
`52 18
`-
`52 176
`-
`52 17+
`-
`52 172
`52_17
`52_166
`
`10
`
`~ . .
`
`52_16+
`
`1 .....
`
`52 __ 162
`52_16
`
`52_15+
`
`52 152
`
`52_15
`
`7
`
`EXHIBIT
`
`, t
`
`r~
`!!I
`
`~ ~ ~ ._-<
`
`~
`
`-
`
`TT 030252
`
`TTX00030252
`
`Page 6 of 6
`
`
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
