`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`Trading Technologies International, Inc.,
`
`Plaintiff,
`
`v.
`
`RTS Realtime Systems Inc.,
`RTS Realtime Systems AG,
`
`Civil Action No. 05 C 4332
`
`Judge Holderman
`
`Magistrate Judge Keys
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`____________________________)
`
`Defendants.
`
`CONSENT JUDGMENT
`
`As a result of settlement of this action by virtue of a confidential settlement
`
`agreement between the parties dated July 28, 2005 which shall become effective upon
`
`entry of this Consent Judgment and upon consent of Plaintiff, Trading Technologies
`
`International, Inc. ("TT") and Defendants, RTS Realtime Systems Inc., RTS Realtime
`
`Systems AG, (collectively "RTS"), judgment is hereby entered against RTS upon TT's
`
`Complaint, and it is hereby ORDERED, ADJUDGED, and DECREED that:
`
`1.
`
`429754-1
`
`1
`
`TT0050578
`TTX00050578
`
`TRADING TECH EXHIBIT 2070
`TD Ameritrade v. Trading Technologies
`CBM2014-00136
`
`Page 1 of 7
`
`
`
`2.
`
`I.
`
`TT commenced this action for patent infringement against RTS on July 28,
`
`2005. This action alleges that RTS infringes U.S Patent Nos. 6,766,304 ("'304
`
`patent") and 6, 772,132 ('" 132 patent"). RTS has received and reviewed a copy of
`
`the Complaint filed by TT in this action.
`
`3.
`
`2.
`
`This Court has jurisdiction over the parties to this action and over the
`
`subject matter of the Complaint.
`
`4.
`
`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.
`
`5.
`
`6.
`
`4.
`
`5.
`
`All claims of the '304 and '132 patents are valid and enforceable.
`
`While not willful or intentional, RTS has 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, albeit not widely, electronic trading
`
`software called RTD Static Dartboard, screenshots and documentation of which
`
`are included in Exhibit I.
`
`7.
`
`6.
`
`Defendant RTS, its officers, directors, partners, members, affiliates,
`
`subsidiaries, assigns, and successors-in-interest are hereby permanently enjoined
`
`(unless expressly permitted by TT) during the terms 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
`
`429754-1
`
`2
`
`TT0050579
`TTX00050579
`
`Page 2 of 7
`
`
`
`products referred to in paragraph 5 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.
`
`7.
`
`TT waives its rights to damages from RTS arising from the manufacture,
`
`use, sale or offers to sell, importation and/or other distribution of the electronic
`
`trading software products referred to in paragraph 5 above prior to entry of this
`
`Judgment
`
`9.
`
`8.
`
`This Court shall retain jurisdiction over this case for purposes of enforcing
`
`the Consent Judgment and the confidential Settlement Agreement between the
`
`parties pursuant to which the Consent Judgment is filed.
`
`9.
`
`The right to enforce this Consent Judgment shall transfer to any successor-in-
`
`interest to TT.
`
`I 0.
`
`Each party shall bear its own costs and attorneys' fees.
`
`429754-1
`
`3
`
`TT0050580
`TTX00050580
`
`Page 3 of 7
`
`
`
`"
`Dated:_-"'-ci---'-1---()-S __ _
`
`AGREED TO:
`
`nited States District Court Judge
`
`L fR. Si
`ond, r. ( No. 6204980)
`tthew 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.
`
`Clemens Kochinke'
`Berliner, Corcoran & Rowe, LLP
`II 0 I Seventeenth Street, NW
`Suite 1100
`Washington, DC 20036 USA
`Tel: 202 293 5555
`Fax: 202 293 9035
`
`RTS REALTIME SYSTEMS INC.,
`RTS REALTIME SYSTEMS AG,
`
`429754-1
`
`4
`
`TT0050581
`TTX00050581
`
`Page 4 of 7
`
`
`
`EXHIBIT 1
`
`TT0050582
`TTX00050582
`
`Page 5 of 7
`
`
`
`Exhibit 1
`
`a.)
`
`RTD Static Dartboard a part of the RTD Realtime Trading Desktop
`
`Price ladder display which has a static price display and does not adjust its display when
`the market prices arc changing
`
`RTD Static Dartboard
`
`TT0050583
`TTX00050583
`
`Page 6 of 7
`
`
`
`View Layout
`
`The layout of the Static Dartboard is divided into 3 parts:
`
`• Market area
`
`• Quantity Tool bar
`
`• Main Toolbar
`
`Quantity Too/bar
`
`The default quantity tool bar is looking like this:
`
`The quantity buttons:
`The first 4 buttons reflect predefined quantities to be used for
`sending orders to the market which can easily be adjusted by
`long right clicking on them. You then can select or enter any
`other desired quantity (see picture). Clicking on any number
`will display the volume in the empty button below the quantity
`buttons
`
`The blue quantity button shows the default click quantity which
`can be set either in the User Profile > Static Dartboard >
`Click Quantity or manually within the view. Just left click for
`the
`the quantity or right click for increasing
`decreasing
`quantity. By right clicking long on it, the same menu appears
`as seen in the right picture. You can now select a new default
`click quantity which overrules the defined values in the UP and
`is valid only for this view.
`
`The button C stands for "Clear" and empties the field above.
`
`TT0050584
`TTX00050584
`
`Page 7 of 7
`
`