throbber
UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`------------------------------X
`
`TRADING TECBNOLOGlES
`INTERNATIONAL, INC.,
`
`Plaintiff,
`
`No. 05 C 4137
`
`Ron. Charles P. Kocoras, U.S.D.J.
`
`Hon. Ian H. Levin, U.S.M.J.
`
`v.
`
`PEREGRINE FINANCIAL GROUP, INC.,
`TRADEMA VEN, L.L.C., and
`TRADEMA VEN GROUP, L.L.C.
`
`Defendants.
`--------------------------------X
`PEREGRINE FINANCIAL GROUP, INC.
`
`Counter-Plaintiff,
`
`v.
`
`TRADING TECHNOLOGIES
`INTERNATIONAL, INC.,
`
`Counter-Defendant
`
`X
`
`CONSENT JUDGMENT
`
`Pursuant to the parties' respective settlements of this action, as documented in separate
`
`confidential settlement agreements between Plaintiff Trading Technologies International, Inc.
`
`("TT") and Defendants TradeMaven Group LLC and TradeMaven LLC (collectively
`I
`"TradeMaven") dated January 30, 2006 and amended on March 15, 2006 'and between TT and
`
`Defendant/Counter-Plaintiff Peregrine Financial Group, Inc. ("PFG") dated March 15, 2006,
`
`both agreements which shall become effective upon entry of this Consent Judgment, and upon
`
`consent of TT, Trade Maven and PFG, judgment is hereby entered against TradeMaven and PFG
`
`upon TT's Complaint, and it is hereby ORDERED, ADJUDGED, and DECREED that:
`
`TT0098580
`TTX00098580
`
`TRADING TECH EXHIBIT 2069
`TD Ameritrade v. Trading Technologies
`CBM2014-00136
`
`Page 1 of 26
`
`

`
`1.
`
`TT commenced this action for patent infringement against TradeMaven and PFG on
`
`July 19, 2005 (which was subsequently amended to add TradeMaven Group LLC), in which it
`
`alleged that TradeMaven has infringed U.S. Patent Nos. 6,766,304 ("the '304 patent") and
`
`6,772,132 ("the '132 patent") by its Trade Window product versions 2.8.x, 2.9.x and 2.10.x, and
`
`alleged that PFG infringed by its original versions of BESTDirectFASP"M (versions 2.9.x and
`
`2.10.x) which were developed by TradeMaven. TT bas not accused PFG's BESTDirectFAS'J"TM
`
`system version 3.x or any of PFG's BESTDirect™ systems (as shown and described in Exhibit
`
`l) of infringing the patents in suit, and has agreed not to do so.
`
`2.
`
`PFG and TradeMaven each filed an Answer denying IT's allegations, and PFG
`
`asserted counterclaims alleging that TI's patents are invalid and unenforceable.
`
`3.
`
`This Court has jurisdiction over the parties to this action and over the subject matter
`
`of the Complaint.
`
`4.
`
`TT represents, and PFG and TradeMaven do not contest, that TT is the sole and
`
`exclusive owner of the '304 patent and the' 132 patent, and has the exclusive right to enforce and
`
`recover damages for past infringement and enjoin future infringement of the '304 and '132
`
`patents.
`
`5.
`
`TradeMaven agrees that all claims of the '304 and '132 patents are valid and
`
`enforceable. PFG does not contest the validity or enforceability of any claims of the '304 and
`
`'132 patents. Accordingly, this Court hereby fmds that all claims of the '.304 and '132 patents
`
`are valid and enforceable against TradeMaven and, by extension, PFG.
`
`6.
`
`TradeMaven admits, and accordingly, this Court finds, that TradeMaven infringed
`
`the '304 and '132 patents under 35 U.S.C. Section 271 by making, using, selling, offering for
`
`sale, importing, and/or otherwise distributing, electronic trading software called Trade Window
`
`2
`
`TT0098581
`TTX00098581
`
`Page 2 of 26
`
`

`
`versions 2.8.x, 2.9.x and 2.10.x and electronic trading software that it made for PFG that was
`
`made available through PFG's website under the name BESTDirectFAS'fTM versions 2.9.x. and
`
`2.10.x, screensbots and documentation ofwhich are attached as Exhibit 2.
`
`7. Defendants TradeMaven, its officers, directors, partners, members, affiliates,
`
`subsidiaries, assigns, and successors-in-interest are hereby permanently enjoined during the term
`
`of the '304 and '132 patents from infringing the '304 and '132 patents, including, without
`
`limitation, by the making, using, selling, offering for sale, importing, facilitating connectivity for
`
`and otherwise distributing in the United States the electronic trading software products referred
`
`to in paragraph 6 above (and substantially similar products) including, without limitation, for use
`
`in electronically trading any item (e.g., futures, options, equities, fixed-income products, etc.).
`
`8.
`
`PFG does not contest that TradeMaven admitted that the products identified in
`
`paragraph 6 above are covered by claims of the '304 and '132 patents. PFG also does not
`
`contest that after July 20, 2004 (the issue date of the '304 patent), PFG had used, sold, offered
`
`for sale or otherwise distributed electronic trading software that it received from TradeMaven
`
`that it made available through PFG's website under the name BESTDirectFASTfM, versions
`
`2.9.x and 2.10.x, and that this software is shown and described in Exhibit 2. TT does not
`
`contend that any such use, sale, offer for sale or other distribution by PFG was willful or
`
`deliberate and acknowledges that PFG's alleged infringement was limited. Accordingly, this
`
`Court finds that PFG has infringed the '304 and '132 patents under 35 U.S.C. Section 271 by
`
`using, selling, offering for sale, importing and/or otherwise distributing the BESTDirectFastTM
`
`product, versions 2.9.x and 2.10.x, that it received from TradeMaven, screenshots and
`
`documentation of which are attached as Exhibit 2.
`
`3
`
`TT0098582
`TTX00098582
`
`Page 3 of 26
`
`

`
`9.
`
`TT has not asserted infringement against and does not contest that the PFG
`
`BESTDirect™ product as shown and described in Exhibit 1 hereto does not infringe the '304 and
`
`'132 patents. Accordingly, this Court fmds that PFG has not infringed the '304 and '132 patents
`
`under 35 U.S.C. Section 271 by making, using, selling, offering for sale, importing and/or
`
`otherwise distributing the BESTDirect™ product as shown and described in Exhibit 1.
`
`10. Defendant PFG,
`
`its officers, directors, affiliates, subsidiaries, assigns, and
`
`successors-in-interest are hereby permanently enjoined during the term of the '304 and '132
`
`patents from infringing the '304 and '132 patents, including, without limitation, by the making,
`
`using, selling, offering for sale, importing, facilitating connectivity for and otherwise distributing
`
`in the United States the electronic trading software products referred to in paragraph 6 above
`
`(and substantially similar products) including, without limitation, for use in electronically trading
`
`any item (e.g., futures, options, equities, fixed·income products, etc.).
`
`11. PFG is not admitting any fault, liability or wrongdoing of any kind in this action
`
`and is not making any admission as to the validity of any of IT's allegations, claims or
`
`contentions in this action.
`
`12. Conditioned upon receiving from TradeMaven complete payment pursuant to
`
`payment terms in the January 30, 2006 settlement agreement (as amended on March 15, 2006),
`
`TT waives any right to damages from TradeMaven arising from the manufacture, use, sale or
`
`offer to sell, importation and/or other distribution of the electronic trading software products
`
`referred to in paragraph 6 above prior to entry of this Judgment.
`
`I 3. TT waives any right to damages from PFG arising from the use, sale or offers to
`
`sell, importation and/or other distribution of the electronic trading software products referred to
`
`in paragraph 6 above prior to entry of this Judgment.
`
`4
`
`TT0098583
`TTX00098583
`
`Page 4 of 26
`
`

`
`14. All counterclaims by PFG are hereby dismissed with prejudice.
`
`15. TT bas covenanted not to sue PFG and its customers for particular products, as
`
`described more fully in their settlement agreement.
`
`16. This Court shall retain jurisdiction over this case for purposes of enforcing this
`
`Consent Judgment and the confidential Settlement Agreements between TT and TradeMaven
`
`and IT and PFG pursuant to which the Consent Judgment is filed.
`
`17. The right to enforce this Consent Judgment shall transfer to any successor-in-
`
`interest to each of the parties.
`
`18. Each party shall bear its own costs and attorneys' fees.
`
`SO ORDERED:
`
`Dated: 3(~;lob
`----------------
`
`The Honorable Charles P. Kocoras
`Chief Judge, United States District Court
`
`AGREED TO:
`
`Dated: March 21, 2006
`
`s/ Jennifer M. Kurcz
`LeifR. Sigmond, Jr. (ID No. 6204980)
`Matthew J. Sampson (ID No. 6207606)
`Jennifer M. Kurcz (ID No. 6279893)
`McDonnell Boebnen 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.
`
`5
`
`TT0098584
`TTX00098584
`
`Page 5 of 26
`
`

`
`Dated: March 20,2006
`
`Dated: March 21, 2006
`
`_ s/ Phillip M. Pippenger
`Steven P. Petersen
`Phillip M. Pippenger
`Leydig, Voit & Mayer, Ltd.
`Two Prudential Plaza, Suite 4900
`Chicago, Illinois 60601
`(312) 616-5600
`(312) 616-5700 (facsimile)
`
`Attorneys for Defendants
`TRADEMA VEN GROUP LLC and
`TRADEMA VEN LLC.
`
`s/ Rebecca J. Wing
`Richard J. Hoskins (Id. No. 1266063)
`Stacie R. Hartman (Id. No. 6237265)
`Schiff Hardin LLP
`6600 Sears Tower
`Chicago, Illinois 60606
`(312) 258-5500
`(312) 258-5600 (facsimile)
`
`Laurel G. Bellows (Id. No. 02454238)
`Bellows and BeUows, P.C.
`209 South LaSalle Street, Suite 800
`Chicago, J11inois 60604
`(312) 332-3340
`(312) 332-1190 (facsimile)
`
`Rebecca!. Wing(Id. No. 6197704)
`General Counsel
`Peregrine Financial Group, Inc.
`190 S. LaSalle Street, 7th Floor
`Chicago, Illinois 60603
`(312) 77 5-3000
`
`Attorneys for Defendant/Counter-Plaintiff,
`PEREGRINE FINANCIAL GROUP, INC.
`
`6
`
`TT0098585
`TTX00098585
`
`Page 6 of 26
`
`

`
`EXHIBIT 1
`
`TT0098586
`TTX00098586
`
`Page 7 of 26
`
`

`
`..
`
`. '
`
`WHAT &8 DIIST DIRECT?
`BEST Direct is an online order entry system designed for futures and options traders. It can be
`directly downloaded onto your personal computer with user-friendly, mouse-dick navigation and is
`easily integrated into most charting packages. To assure uninterrupted trading, the system is con(cid:173)
`nected to exchange servers as well as multiple trading platform servers and maintains multiple
`Internet connections. Here's how it works ...
`
`LOGGING ON TO BlEST DIRECT
`There are two ways to stan BEST Direct: 1) go to Start, Programs and locate BEST Online Trading.
`Select Trade, and the BEST Direct Log On screen will appear. 2) double click on the "Trade" icon
`on your deslctop, and the BEST Direct Log On screen will appear.
`
`' F: I
`~·'JL'
`
`Enter your five-digit account number and left
`click. on "Log On" to start the BEST Direct online
`trading system. When the system starts, you will
`see in the lower right band comer a red button that
`says, "Not Connected." It is at this t.ime you may
`connect to the Internet if you have not.
`
`~'
`:~·1.
`
`Once your Internet connection is established, click
`on the red, "Not Connected" button, and it will
`then turn into a green "Submit" button. (If you
`have a simulated account, you will see a green
`"Demo" button.) This confirms your connection to
`the BEST Direct trade desk. If at any time during
`the trading day you see this button turn red, you have lost your connection to BEST Direct and wiU
`have to re-establish your connection.
`
`!-.
`
`PLACING FUTURiiS ORDeRS THROUGH
`THS 11118T DIRIECT ORDIIIR IINTRV WINDOW
`The BEST Direct order entry window is set up so that all you have to do to trade is simply point
`and click. In the market selection area of the window, simply select the commodity, quantity,
`year and month and whether you want to buy or sell. lllen click on "Submit .. to place the order.
`
`Every order will default to a market order unless you specify a type of order, such as a stop, limit,
`MIT (marlcet-if-touched), SCO (stop-close~only) or MOC (market-on-close). Should you need to
`place one of these specific orders. just click on the small arrow to the right of order spec (order
`type) and scroll to the type of order you wish to place.
`
`So that you can quickly choose a price for a stop, limit or MIT order, we have provided a price
`ladder that runs vertically along the right side of the ticket window. This ladder contains
`delayed or real-time quotes, depending on the commodity, with the most current quote high·
`lighted in the center.
`
`Above and below the most current price. other prices are listed sequentially. If you see the price
`that you want in the price ladder. left click on that price, and you will see it appear in the field
`below order spec. If the price that you want is not within the range of the price ladder, you can
`do one of two things: 1) click in the price field, delete the contents of the window and then type
`in your desired price; or 2) click in the price field and use the up/down arrows to scroll to your
`desired price.
`
`TT0098587
`TTX00098587
`
`Page 8 of 26
`
`

`
`..•
`
`. •
`
`PLACING OPTION ORDI!R8
`In the lower left band comer of tbe BEST Direct
`Older entry window, you will notice that there is a
`place to enter basic option orders. To place an
`option order, simply specify the quantity, year,
`mooth and tbe commodity. Then specify the
`strike price. whether it is a put or call and whether
`it is an open or close. The option order will auto(cid:173)
`matically set the BEST Direct window to execute
`as a market cxder. If you wish to place the order
`as a stop or limit, just elick on the small anow to
`the right of order spec and scroll to the type of
`Ol'da you Vr'iBb to place and then enter the price as
`peviously explained.
`
`Nt*: If it if your inUnrion 10 place a more complex
`option order, sudJ as a spread, strangle or srraddle.
`you mMSt plJJCe rhis ankr ovet- the phone with the
`BEST Direct rrade desk. Please conMCt us ar (800)
`648-6597, (312) 775-3030 or (800) 75fJ.0062.
`
`DllTIIRMINING YOUR POSITION
`The Position Reference screen, located at the top of the BEST Direct order entry window, allows you to
`ttack all of your open positions, as well as your open position Profit/Loss. As your orders get filled, the
`Position Reference screen will autollladcaJly update. You will be able 10 see your net position (long or short)
`for each commodity that you have 1laded. If you right ..click in the Positico Reference screen, four selections
`will appear: Load TICket, Show Net Po6ition, Load Closing Net Positious for ... , and Recalculate.
`
`Choosing "Load Tacket" will
`set up a ticket with an order to
`offset the position you've just
`selected.
`For
`example,
`assume you are
`long 4
`December E-mini S&P SOO. If
`you select the position shown in the Position Reference window (Order ID 879803), right-click, and
`select l.ood TJclcet, you will !let up a trade ticket to offset tbe position selected. In the example shown,
`the Load Ticket function would load a ticket to sell 2 December E-Mini S&P 500 contracts. Selecting
`"Sbow Net Position" will bring up a window with a summary of your open positions, including quan.
`tity and average price. Chooiing "Load Closing Net Position for ... " will set up a ticket with an order ro
`offset aU of the positions of the particular commodity you've just selected.
`
`N•: 1M Posirion R~forenc~ screen is only to be used as a rqerenct, not a statement. It is your respon.sibiU(cid:173)
`ry to always be aware- of you.r own posilions. To calculau your posilion. ILSe 1~ following fornuda;
`TQIQl Swn gfPfltr;./r4uiSQk Price
`Tollli N~r of Coruracts per CommtH:Iiry = Net Position
`BEST Direct cannot be ~ld liahkfor any Uu:onsistencies between your acrual position and me position shown
`on rhe Position Reference screen. If at any rime during rhe rradillg day you feel tluu the Posirion Reference
`screen ~s not reflect your currtmr position, please coruact eM order desk ar (800) 648..6597, (BOO) 759-0062
`or (312) 77J-3030.
`
`TT0098588
`TTX00098588
`
`Page 9 of 26
`
`

`
`. '
`
`•,
`
`-
`
`::::.:::;:::_;:::::_
`
`-~---~ - --
`-
`
`"
`
`--
`
`-
`
`-
`
`-
`
`..__ -~ - - -
`
`- -
`
`- - - - -
`
`---
`
`-
`
`~ __ ,_ --- --~-
`
`----~ ---~
`----
`--
`.=----
`
`VIEWING THE STATUS OF YOUR ORD.RS
`You can view the status of your orders through the Order Status screen or the Order Management win(cid:173)
`dow. The Order Status screen, shown below, is located at the bottom of the BEST Direct order entry
`window. From this screen, you can view the status of all of your orders placed throughout the day,
`whether working, fllled, rejected or canceled.
`
`This screen will also give you
`confumation that the BEST
`Direct trade desk has received
`your trade. Upon placing an
`order, you will see your order
`appear in the Order Status
`screen. When your order is con·
`firmed at the BEST Direct trade desk, the Order Status screen will display that trade as a green
`WodriDg order. A Working Order is any ordel" in the market that is not yet filled. Once your Working
`Order is filled. the Order Status screen will then display that ttade as a white Filled order, confuming
`that your order has been executed. A Filled Order can either initiate a new position or close out an
`existing position.
`
`To see a more detailed status of your trades, you can access the Order Management screen by click~
`ing oo the ''V~.ew" beading of the BEST Direct order entry window. The Oider Management screen
`is a larger version of the status screen located at the bottom of the BEST Direct order entry window.
`You can also print the Order Management screen or export data for your records.
`
`CANCEUNGI ORDERS
`From the Order Status screen or from the Order Management window, you can straight cancel or can·
`eel/replace orders. Here's how it works:
`
`8tnaltlht cancel
`To straight cancel a green Working order, select the order you want to cancel. and right click on
`it, either in the Order Management window or in the Order Status screen at the bottom of the
`BEST Direct window. You will then see a drop-down menu appear with the "Cancel Trade"
`option and "Cancel/Replace Trade" option. Select "Cancel Trade," and a confirmation screen
`will appear asking if you are certain you want to cancel the trade. Once you have confirmed
`that you wish to cancel the trade, a cancel request for that panicular order will then be sent. The
`status of the order will tum from a green Working order to a purple CXUPending order. Once
`the cancel has been accepted, your order will then tum to a red Canceled order.
`
`TT0098589
`TTX00098589
`
`Page 10 of 26
`
`

`
`•,
`
`. .
`
`c.no.u ........
`to cancellreplace an ocdet, select the green Working order that you wish to modify. Left
`click next to the green Wcding order~ ~itbel ill tbe Order~ wir.ldow or in the
`Order Status screen at tbe bottom of the BBST I;JiJ;ect window. Once you have selected the
`order, rl&bt click on your mou!W. Yo• will that see a drop--down mam to eittl&r ~111DCel
`Trade" 0[ "CmcelJlleplace 'l'rlsde." Select "Cancel/Replace Trade," and a Cancel/Replace
`Trade window with your original order will appear. From here you have the option to
`change the price and/or quantity. Once you are satisfied with your changes, click the
`"Submit" button on the Cancel/R.eplace Trade screen. After submitting your request, go to
`the main BEST Direct window. You will then be able to see your previous order drop to the
`bonomof the screen as a red Canceled order and your new order as a green Working order.
`
`Nt*: You cannor cancel or canceV~place a jilkd order or a mMW order. Even if >"DU cancel or
`canceV~ploa a workiiJg order, ir does nor guarantee rJuu )'Oil will rwt be ftlled on yoru orlgind order. JI4St
`because your order tuniS ~don your side does nor me4ll yow cancel has been confirmed. In rhe event rhar
`yo~~ art wo late to cancel an order, you will be nori}Ud by message. AI mu rime, you will also see your~
`"Canceled" order rum back in to a g~en "'Kbrking" order. You will then be instructed to awair your jUl..
`
`OBTAINING QUOTiiUI
`Two quote options are available with BEST Direct·-flash quotes and real-time quotes. Which you receive
`depends on tbe commodity you are viewing. Real-time streaming quotes are available for Globe.x prod(cid:173)
`ucts and single stock
`futures. for other com(cid:173)
`modities, flasb quotes
`me available based on
`ex.change-based delays.
`To update a price that is
`available on a delayed
`basis, click: the FQ but(cid:173)
`ton above the coottact
`month in the Market
`Selection window.
`
`For those products that are available on a real-time basis, streaming quotes are available witb top of mar(cid:173)
`ket bid and ask in the trade ticket window. Depth of market is also available through the Quick Trade
`drop-down meou.
`
`USING THI! BEST DIRECT TOOLBAR
`At the top of the BEST Direct order entry window, you'll notice a toolbar that lists the following: Main,
`View, Message, Quick Trade, FOREX, Charts, Refresh, and Help. After clicking on one of these options.
`a drop-down menu will appear. giving you more functions from which to choose. We have listed each
`drop down menu function beneath each tool bar option. Under each drop-down function, we have
`explained how these particular functions worlc, or we have listed mcre items and explained how those
`items worlc. As you have probably guessed, there's a lot to learn, so let's get started!
`
`Noll!: BEST Direct cannot be ,{o11nd liable for validity. or the acc11raey of the q110tes taken from the Flash
`QU01e oprion. You, the trader, are responsible for supplying your own real· rime data. BEST Direct is rwt a
`data vendor.
`
`TT0098590
`TTX00098590
`
`Page 11 of 26
`
`

`
`< .
`
`Logout
`By selecting "Logout," BEST Direct will disconnect you from tbe system. To Jog back on to
`the BEST Direct system, just left click on the red "Not Connected" button or select ''Log On"
`(Fl2) from Main.
`
`Options
`Show FW 'ndtet - When this option is checked, a fill ticket will appear wben your order
`is filled. If you do not wish to see this fill ticket, left click on that option to remove the
`check mark, and the fill ticket will no longer appear.
`
`*"·
`
`Show Muldp&e Aa:ounts - H you have more than ooe online account with BFST Direct. this
`option will give you tbe ability to view both accounts without closing the program. Additional
`accounts can be viewed by clicking on the drop-down menu left of the account name.
`
`Show Account ShtwJ - When you remove this option, you will be able to see the trade that
`you would be placing in lhe event that you were to left click on tbe "Submit" button. If you
`look at the Account Status screen you will see your cwrept account stallls, which will show
`your cash account balance. liquidating value, margin requirement, margin excess, open,
`close and net profit and loss. You can update this function by clicking on ''Refresh" on the
`BEST Direct toolbar and then left clicking on the .. Recalculate Commodity" option.
`
`Add Attouat- This enables you to add account& so that you can access multiple accounts
`with one logon to BEST Direct. Then you can simply change accounts through the
`Account Wmdow oo the top left of your trade ticket.
`
`Edit Co~ U&t • By selecting this option, you can adjust the commodities avail(cid:173)
`able in your drop-down menu. Once you have selected the commodities you wish to
`view, choose save and exit.
`
`Real-dme Quotes- When you select "Real-time Quotes," another drop-down menu will
`appear, giving two options: 1) PFG MDS streaming quotes for GLOBEX or single stock
`futures; 2) "None,'' which will give you the Rash Quote (not real-time.)
`
`Http lld'resll Optloa - Do not change this setting unless advised by technical support or
`customer service representatives.
`
`Setup - Do not change any of the settings unless advised by technical support or customer
`service representatives.
`
`Update Program
`Do nor cbanae any of the settings unless advised by the technical support or customer service
`representatives.
`
`Exit
`Choosing this selection will close the program. When you left click on "Exit," a confum.ation
`message will appear stating the status of all your orders. The system will verify that you want
`to close the program. and it will then close properly for you.
`
`TT0098591
`TTX00098591
`
`Page 12 of 26
`
`

`
`. .
`
`Order Man•gement
`By selecting this option, as discussed previously, the Order Management window will show
`you the status of all of your ordc:ls. The Order Status screen that you see at the bottom of the BEST
`Direct order entry window basically is a condensed version of the Order Management window.
`
`Reports
`Customer P2c!:e ~ Selecting Ibis option allows you to view the PPG website wilboul having
`to open another browser. When viewing the website, you will find quotes and charts, con(cid:173)
`tract specificadoos, mm:ket reports and any announcements regarding PRJ or BEST Direct.
`
`Proltll..oes lntraday Report - Selecting this option allows you to see many of your account
`statistics through yoor web browser. The P/L lntraday report will belp you track your positioat,
`as well as show your profits and losses on all of your trades fur that day, excluding commissions.
`For example, let's say rbat yoo bought 1 PSZ3 (Dec 03 B-Mini S&P 500 contract) at 102100
`and lhen sold 1 ESZ3 at 1024.00. The PIL report would sbow that you made a profit of $1SOOO
`on that particular trade (ooe point is worth $50.00). The PIL report also provides you with a
`print option so that you can print a copy of your daily trading activity. [l is important that you
`do print a copy of yoor PIL report at the end of the trading day so that you have a r=cord of your
`daily activity. Fur1b::mne, by retaining a record of your PIL tepart, you can do your own
`cbeckout the next day to make sure that aD of your trades match what you have in your records.
`The best way to do your O'N1l cbedrout is to cbeck your trades on tbe ~vioos day's PIL report
`against the trades that yoo see on your Previous Activity report. The Previous Activity repon is
`what has actually cleam:l in your account H something does not ~right, it is important that
`you call your brok« or the BEST Direct U'llde desk immediately.
`
`Within the Profit/Loss report imraday web pages, there are additional pages thai: can be used
`as tools: Acoount Status, Today's Activity, Open Positions, PIL Trade Summary, V"tew All
`Trades and Previous Activity.
`
`Parked Orden~
`This window allows you to load several trades
`that you can send into the marlret with one click.
`
`Web Quoteii/Charta
`This selection takes you to a J?9le on lhe PfO web
`site that provides delayed quotes and charts pro(cid:173)
`vided by Fu.tureSource.
`
`BB8T Ch•rt
`This lets you view real-time streamin~ charts for
`E-mini S&P 500, E-mini Nasdaq, and mini-Dow futures.
`
`VIew Quote Window
`This enables you to view an expanded quote window that you can resize according to your needs.
`
`Alwaya on Top
`Clicking this selection will ensure !hat the BEST Direct Thlde TICket window is visible on top of
`other programs you might have running.
`
`Componente
`Sign-up for a Test Account-This enables you to sign up for a simulated trading account direct from
`BEST Direct.
`
`PFG MDS Setup -You will only use this component if directed by a CtlStomCz' service rep(cid:173)
`resentative.
`
`TT0098592
`TTX00098592
`
`Page 13 of 26
`
`

`
`' .
`
`Clicking on this option will direct you to the PFG website, where you click on an icon to send an e(cid:173)
`mail to customer service.
`
`I QUICK TRADIE I
`
`The next function you will find at the top of the BEST Direct Wmdow is Quick Trade (QTI. The
`QT program was desiped for day-traders who mainly focus on one given market. The QT pro(cid:173)
`gram performs all of the same functions as the main order entry screen, with the exception of a
`few additional features that we have added to enhance QT's performance. The QT window does
`not show an Order Staws screen. Therefore, you may pull up a separate Order Management win·
`dow by clicking "File" in the top left comer of the QT window and choosing Order Management.
`This Order Man.agement screen may be sized to the lencth and width you desire.
`
`Entering an order on the QT system is very simple. First, on the main BEST Direct order entry
`window, specify the commodity, month and year in the market selection area of the window.
`After that information is specified, left click on "Quick Trade" on the toolbar. When the QT win(cid:173)
`dow pops up, you will see the quantity, order type, price and buy/sell buttons below the com(cid:173)
`modity code. Enter the desired information. The QT window automatically opens up as a mar(cid:173)
`ket order. If you wish to place a stop or limit order. click on the drop-down menu and left click
`on one of those types of orders. Once the order type is selected, up and down arrows will appear
`on the right side of the price box. Click on the
`arrows to the right of the price to raise or lower
`the price. H you do not wish to scroll through the
`prices, you can delete the price that is in the price
`section and type in the desired price. When you
`have found the desired price or entered the
`desired price, left click on "Buy" or "Sell" to sub(cid:173)
`mit the order. A ticket confumation screen will
`appear at the bottom of the QT window. Click on
`"Yes" to place that order or "No" to re-enter trade
`information.
`
`Two additional features that appear on the QT
`window that are not available on the main win·
`dow are "Close Position" and "Cancel ALL
`Orders." By clicking on "Close Position,'' any
`open positions which you have in the commodity selected on the QT window will close. By click(cid:173)
`ing on "Cancel ALL Orders.'' any working orders which you have in the commodity selected in
`the QT window will be canceled.
`
`The QT window also gives you depth of market for GLOB EX contracts and single stock futures.
`This depth of market featw:c will show the current bid and offer and the quantity at those prices.
`It will also &bow the four prices in the book above and below the current bid and offer along with
`the quantities at those prices. This depth of market feature also gives the user a second option for
`placing stop and limit orders. To place a stop or limit order through the depth of market, simply
`left click on a price in the book. and then right click. Once you have right clicked, a menu will
`appear giving you the option to place a stop or limit order. At the bottom of the QT window you
`will see a bar that will provide the open, high, low, last, bid and ask for tbe contract selected.
`
`TT0098593
`TTX00098593
`
`Page 14 of 26
`
`

`
`I QUICK TRADE CONT'D. I
`I File
`
`File is located in the top left corner of the QT window and offers several other functions that
`can be used with QT .
`
`.A..tw.ys 0. 'Thp- This~ the first feature undet F'lle. By clicking on "Always On Top,"
`you keep the QT window 011 top of any other programs or windows you have open at
`the time.
`
`Main 11c:ket • Clicking on this feature will return you to the main order entry screen and
`minimize the QT window.
`
`()roder ~~ - This Order Management window is the same as the Order Status
`screen at the bottom of the main order entry window with seven! additional features.
`First. you can size this window to make it as large or as small as you want. You also have
`the ability to print this window. (It is strongly recommended that you prinl this window
`each day when you have finished trading.) Finally, the Order Management window gives
`you the ability to export data from BEST Direct to save on your computer. Each of these
`features can be accessed by clicking on "Main" at the top of the Order Management win(cid:173)
`dow.
`
`Message - lbis sends you to the Customer Service web page. where you can send an e(cid:173)
`mail to the BEST Direct Customer Service team.
`c~ -This refen to the confirmation message, which appears when you place
`a trade verifying that the order being placed is correct. From the first time you open File,
`this feature wiU be checked, and you will receive a confinnation message with every
`order placed, which is stronsiy recommended to avoid errors. However, in the Quick
`Trade window you bave the option to bypass this confinnation message by removing the
`check mark confirmation in the file menu. REMEMBER, if tiWI feature II BOt cheeked
`ami you dkt "Bay" or ~," the order will go diredly into that market.
`
`Exit · Selecting ''Exit" will simply close the QT window.
`
`FORE X
`
`VIew Forex Quotes
`1bis feature opens up a new window that
`displays various forex rates from the cash
`market.
`
`Forex Direct
`Forex Direct is a comprehensive real-time
`platform offering 24-hour dealing with
`charts, news. and acwunt summaries. For
`BEST Direct customers who trade the cash
`for:ex markets, this function can automaticaUy open up the Forex Direct platform.
`
`-
`
`TT0098594
`TTX00098594
`
`Page 15 of 26
`
`

`
`CHARTS
`
`real-time
`Streaming
`c:bsm are available for E(cid:173)
`Mioi S&.P 50(1, B-MiDi
`Na!ldllq, md Mini m..d
`Dow fut

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

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.

throbber

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.

Become a Member

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

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket