Case 1:05-cv-02164 Document24 Filed 11/30/2005
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`Page 1 of 11
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`Trading Technologies International, Inc.,
`
`Plaintiff,
`
`v.
`
`Man Financial, Inc.
`
`Civil Action No. 05 C 2164
`
`Judge William T. Hart
`
`)
`)
`)
`)
`)
`)
`)
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`)
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`)
`)
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`_____________________________ )
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`Defendant.
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`CONSENT JUDGMENT
`
`As a result of settlement of this action by virtue of a confidential settlement
`
`agreement between the parties dated November 21, 2005 which shall become effective
`
`upon entry of this Consent Judgment and upon consent of Plaintiff, Trading Technologies
`
`International, Inc. ("TT") and Defendant, Man Financial, Inc. ("MAN"), judgment is
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`hereby entered against MAN upon TT's Complaint, and it is hereby ORDERED,
`
`ADJUDGED, and DECREED that:
`
`1.
`
`TT commenced this action for patent infringement against MAN on April 13,
`
`2005. This action alleges that MAN infringes U.S. Patent Nos. 6,766,304 ('"304 patent")
`
`and 6, 772.132 ('" 132 patent").
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`1
`
`TT0052995
`TTX00052995
`
`TRADING TECH EXHIBIT 2066
`TD Ameritrade v. Trading Technologies
`CBM2014-00136
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`Page 1 of 11
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`

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`Case 1 :05-cv-02164 Document 24
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`Filed 11/30/2005 Page 2 of 11
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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.
`
`MAN does not contest that 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
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`infringement and enjoin future infringement of the '304 and '132 patents.
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`4.
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`MAN does not contest the validity or enforceability of any claims of the '304 and
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`'132 patents. Accordingly, all claims of the '304 and '1 32 patents are valid and
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`enforceable against MAN.
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`5.
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`The case of 1T v. Patystems (NA) LLC et a/. ("Patsystems"), Civil Action No. 05
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`C 2984 (N.D. Ill., Judge Gettleman) was resolved on May 20, 2005 by the entry of a
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`Consent Judgment finding that Patsystems infringed the '304 and '132 patents by
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`making, using and selling software that incorporated a trading screen named "DOME".
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`A copy of that Consent Judgment is attached as Exhibit 1 hereto. A screenshot of the
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`infringing DOME product is attached as Exhibit A to that Consent Judgment. After July
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`20, 2004 (the issue date of the '304 patent) and prior to the commencement of this
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`lawsuit, MAN provided to its clients electronic trading software made by Patsystems that
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`incorporated the DOME trading screen that was the subject of the May 20, 2005 Consent
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`Judgment. MAN does not contest the finding of infringement against Patsystems made in
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`the Consent Judgment attached as Exhibit A. TT does not now contend that the
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`infringement was willful or deliberate. Accordingly, the parties stipulate that MAN has
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`infringed the '304 and '132 patents under 35 U.S.C. Section 271 by using, selling,
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`2
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`TT0052996
`TTX00052996
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`Page 2 of 11
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`Case 1 :05-cv-02164 Document 24
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`Filed 11/30/2005 Page 3 of 11
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`offering for sale, importing, and/or otherwise distributing, the DOME trading screen from
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`Patsystems, but that MAN's infringement was not willful or deliberate.
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`6.
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`Defendant MAN, its officers, directors, partners, members, affiliates, subsidiaries,
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`assigns, and successors-in-interest are hereby permanently enjoined (unless expressly
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`permitted by TT) during the terms of the '304 and '132 patents from infringing the '304
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`and '132 patents through the making, using, selling, offering for sale, importing,
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`facilitating connectivity for and otherwise distributing in the United States the electronic
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`trading software products referred to in paragraph 5 above (and substantially similar
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`products) including, without limitation, for use in electronically trading any item (e.g.,
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`futures, options, equities, fixed-income products, etc.).
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`7.
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`Any claims of infringement that TT has against MAN based on MAN's use
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`and/or distribution of electronic trading software provided by other third parties prior to
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`entry of this judgment are dismissed without prejudice. The parties have addressed this
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`issue in the Settlement Agreement by MAN agreeing not to infringe the '304 and '132
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`patents and by TT releasing MAN for all past damages relating to any past infringement.
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`TT is not waiving the right to assert the '304 and/or '132 patents against MAN based on
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`MAN's use and/or distribution of such third party software in the future. MAN is not
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`waiving any rights to assert that such third party software does not infringe the '304
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`and/or '132 patents ifTT makes such an assertion of infringement in the future.
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`8.
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`TT waives its rights to damages from MAN arising from the use, sale or offers to
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`sell, importation and/or other distribution of the electronic trading software products
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`referred to in paragraph 5 above prior to entry of this Judgment.
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`3
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`TT0052997
`TTX00052997
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`Page 3 of 11
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`Case 1 :05-cv-02164 Document 24
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`Filed 11/30/2005 Page 4 of 11
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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.
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`10.
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`The right to enforce this Consent Judgment shall transfer to any successor-in-
`
`interest to TT.
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`11.
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`Each party shall bear its own costs and attorneys' fees.
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`AGREED TO:
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`Dated: __ \ \_,\~1_6_,\,_c-'-7 __
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`Dated:
`
`United States District Court Judge
`
`LeifR. Sigmond, Jr. (ID No. ~04980)
`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.
`
`----=-~~~~._/L__~
`
`Bradford P. Lyerla (ID No. 622
`Marshall, Gerstein & Borun, U
`23 S. Wacker Drive
`6300 Sears Tower
`Chicago, Illinois 60606
`Tel.: 312.474.6300
`Fax: 312.474.0048
`Attorneys for Defendant
`MAN FINANCIAL, INC.
`
`4
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`TT0052998
`TTX00052998
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`Page 4 of 11
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`Case 1 :05-cv-02164 Document 24
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`Filed 11/30/2005 Page 5 of 11
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`EXHIBIT 1
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`TT0052999
`TTX00052999
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`Page 5 of 11
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`Case 1 :05-cv-02164 Document 24
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`Filed 11/30/2005 Page 6 of 11
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`Trading Teclmologies lntematlonal, Inc.,
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`Plaintiff,
`
`v.
`
`Patsystems (NA) LLC, and Patsystems PLC,
`
`Defendants.
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`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
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`Civil Action No. 05 C 2984
`
`Judge Gettleman
`
`Magiatrate Judge Mason
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`CONSENT JUDGMENT
`
`As a result of settlement of this action by virtue of a confidential settlement
`
`agreement between the parties dated May !9, 2005 which shall become effective upon
`
`entry of this Consent Judgment and upon consent of Plaintiff, Trading Technologies
`
`!ntemationa!, Inc. ("TT") and Defendants, Patsystems (NA) LLC and Patsystems PLC
`
`(collectively "PATS"), judgment is hereby entered against PATS upon IT's Complaint,
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`and it is hereby ORDERED, AD1UOOED, and DECREED that:
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`I.
`
`TT commenced this action for patent infringement against PATS on May 19,
`
`2005. This action alleges that PATS infringes U.S. Patent Nos. 6,766,304 ("'304 patent")
`
`and 6,772,132 ("'132 patent"). PATS has received and reviewed a copy of the Complaint
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`filed by TI in this action.
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`2.
`
`This Court has jurisdiction over the parties to this action and over the subject
`
`matter of the Complaint.
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`TT0053000
`TTX00053000
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`Page 6 of 11
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`Case 1 :05-cv-02164 Document 24
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`Filed 11/30/2005 Page 7 of 11
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`3.
`
`TI 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.
`
`PATS has infringed the '304 and '132 patents under 35 U.S.C. Section 171 by
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`making, using, selling, offering for sale, importing, and/or otherwise distributing
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`electronic trading software incorporating the DOME screen, which presently includes
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`versions of PATS' "J-Trader" and KH-Trader" products, a screenshot of which is
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`included in El<hibit A.
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`6.
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`Defendant PATS, its officers, directors, partners, members, affiliates, subsidiaries,
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`assigns, and successors-in-interest are hereby permanently enjoined (unless expressly
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`permitted by TT) during the terms of the '304 and '132 patents from the making, using,
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`selling, offering for sale,
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`importing. facilitating connectivity for and otherwise
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`distributing in the United States the electronic trading software products referred to in
`
`paragraph 5 above including, without limitation, for use in electronically trading any item
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`(e.g., futures, options, equities, fixed-income products, etc.).
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`7.
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`TI waives its rights to damages from PATS arising from the manufacture, use,
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`sale or offers to sell, importation and/or other distribution of the electronic trading
`
`software products referred to in paragraph S above prior to entry of this Judgment.
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`8.
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`Notwithstauding the terms of this Consent Judgment, PATS e>:pressly reserves
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`the right to contest infringement if the PATS software is modified so as to not infringe
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`2
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`TT0053001
`TTX00053001
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`Page 7 of 11
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`Case 1 :05-cv-02164 Document 24
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`Filed 11/30/2005 Page 8 of 11
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`the patents-in-suit.
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`ln the event that PATS contests infringement based on PATS
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`software that is modified, TI reserves the right to assert any and all claims against PATS
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`including without limitation a claim of contempt of court based on a violation of this
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`Consent Judgment in the event that the Court finds there is no colorable difference
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`between the modified PATS software and the software that is the subject of this Consent
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`Judgment.
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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 confidential Settlement Agreement between the parties
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`pursuant to which the Consent Judgment is filed.
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`10.
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`Each party shall bear ils own costs and attorneys' fees.
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`SO ORDERED
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`Dated: /1~ •W, 1-t51VS ~~~
`
`Robert W. Gettleman
`United States District Court Judge
`
`3
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`TT0053002
`TTX00053002
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`Page 8 of 11
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`Case 1 :05-cv-02164 Document 24
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`Filed 11/30/2005 Page 9 of 11
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`AGREED TO:
`
`Dated: > /2.c I of
`
`Dated: ~ /Zc /Z£Jo<;;}
`
`~I
`
`Paul H. Berghoff (lD No. 6180462)
`LeifR. Sigmond, Jr. {lD No. 6204980)
`Matthew J. Sampson (!D 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
`INTERNATI NAL, INC.
`
`'
`
`o. 3127933)
`Will am H. Fr
`Kent E. Oenin (ID No. 6216122)
`Brinks Hofer Gilson & Llone
`NBC Tower- Suite 3600
`455 N. Cityfront Plaza Drive
`Chicago, Illinois 60611-5599
`
`Attorneys for Defendants
`PATSYSTEMS {NA) LLC and
`PATSYSTEMS PLC
`
`4
`
`TT0053003
`TTX00053003
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`Page 9 of 11
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`Case 1 :05-cv-02164 Document
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`Filed 1113012005 Page 10 of 11
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`EXHIBIT A
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`TT0053004
`TTX00053004
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`Page 10 of 11
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`
`.a DOM!=.
`OOME
`(Depth Of
`Market
`Execution)
`
`You can
`have many
`DOME
`screens
`open at the
`same time.
`
`To scroll the
`pnce list up
`or down,
`cuck the
`au ow
`button
`above or
`below
`
`To show a
`greater
`range of
`prices,
`increase the
`size of the
`OOME
`window by
`clicking on
`the upper or
`lower edae
`
`To launch the DOME (shown on the
`right) h1ghlight a Contract Month and
`click the DOME bull on
`The DOME shows the current price
`range for this contract date. The blue
`pnce is the current best bid, the red
`price is the current best offer_
`
`The last traded price is shown in
`bold (or bold blue /1 ell if it IS the
`same as the bid! offer). The •JI<::tll
`figure shows the number of lots last
`traded.
`The figures m the blue (and pink)
`columns represent the total lot SJl.e of
`aU available bids (and offers).
`The white b1d and offer columns
`show the Working and part Filled
`orders for yourtrader account. If you
`change the Account field, you will
`see the wGrking and part tilled orders
`for that Account
`fn this example, trader account
`'Albert' has a 45 lot order at the offer
`price. 30 lots ha-;e been filled and 15
`are still working, shown by the W15
`and F30 in the white offer column.
`The green Last Traded figure also
`shows the 30 lot fill
`
`Before placing orders, make sure the
`Lot s1ze is correct.
`If you want to flaHen your posit"10n
`with a single trade, tick the Fl~1nen
`checkbox to sei the lot size to the
`absolute value of the He1 uosition
`
`•
`
`Lllfe \EUAIIlOR \DEC02
`Total Traded Volume 804
`rFtatten Lots j45
`
`total lots
`available at
`
`[
`
`96 995
`96.990
`96.985
`96 9BO
`
`86 975
`96 910
`9(; 965
`Vti.uuo
`96 955
`96 950
`91) 945
`96 940
`96 935
`90 930
`96.925
`
`tl
`
`on
`10
`
`,.._~
`
`"
`
`W10:
`Ten lot
`Working
`order in
`95 account
`'Albert'
`
`15 ~:
`
`·30
`
`Go to Sid Go to Last
`- ~ .......... _ ..•
`
`~~ .. ~.Q.ff~~~
`
`Pull
`
`81dS
`
`Offers
`
`Account IALSERT •:
`
`1-C')
`1-l[)
`
`It) a go
`
`It)
`0
`0
`Ml[)
`
`~
`I-
`
`0
`0
`0
`
`Page 11 of 11
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