UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`Trading Technologies International, Inc.,
`
`Plaintiff,
`
`v.
`
`Strategy Runner, LLC,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`
`)
`)
`)
`)
`
`Civil Action No. 05 C 4357
`
`Judge Coar
`
`Magistrate Judge Nolan
`
`CONSENT JUDGMENT
`
`As a result of settlement of this action by virtue of a confidential settlement
`
`agreement between the parties dated July 29, 2005 which shall become effective upon
`
`entry of this Consent Judgment and upon consent of Plaintiff, Trading Technologies
`
`International, Inc.
`
`(''TT") and Defendant, Strategy Runner LLC ("STRATEGY
`
`RUNNER"), judgment is hereby entered against STRATEGY RUNNER upon TT's
`
`Complaint, and it is hereby ORDERED, ADJUDGED, and DECREED that:
`
`L
`
`TT commenced
`
`this action for patent infringement against STRATEGY
`
`RUNNER on July 29, 2005. This action alleges that STRATEGY RUNNER inf1inges
`
`U.S. Patent Nos. 6,766,304 ('"304 patent") and 6,772,132 ('"132 patent"). STRATEGY
`
`RUNNER has 1eceived and reviewed a copy of the Complaint filed by TT in this action.
`
`429754-1
`
`1
`
`TT0050585
`TTX00050585
`
`TRADING TECH EXHIBIT 2072
`TD Ameritrade v. Trading Technologies
`CBM2014-00136
`
`Page 1 of 6
`
`
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`Trading Technologies International, Inc.,
`
`Plaintiff,
`
`v.
`
`Strategy Runner, LLC,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`
`)
`)
`)
`)
`
`Civil Action No. 05 C 4357
`
`Judge Coar
`
`Magistrate Judge Nolan
`
`CONSENT JUDGMENT
`
`As a result of settlement of this action by virtue of a confidential settlement
`
`agreement between the parties dated July 29, 2005 which shall become effective upon
`
`entry of this Consent Judgment and upon consent of Plaintiff, Trading Technologies
`
`International, Inc.
`
`(''TT") and Defendant, Strategy Runner LLC ("STRATEGY
`
`RUNNER"), judgment is hereby entered against STRATEGY RUNNER upon TT's
`
`Complaint, and it is hereby ORDERED, ADJUDGED, and DECREED that:
`
`L
`
`TT commenced
`
`this action for patent infringement against STRATEGY
`
`RUNNER on July 29, 2005. This action alleges that STRATEGY RUNNER inf1inges
`
`U.S. Patent Nos. 6,766,304 ('"304 patent") and 6,772,132 ('"132 patent"). STRATEGY
`
`RUNNER has 1eceived and reviewed a copy of the Complaint filed by TT in this action.
`
`429754-1
`
`1
`
`TT0050585
`TTX00050585
`
`TRADING TECH EXHIBIT 2072
`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.
`
`All claims of the '.304 and '132 patents are valid and enforceable.
`
`5.
`
`STRATEGY RUNNER 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 electronic trading software incorporating the STRA 'IEGY RUNNER
`
`Strategy Runner Pro/Lite with Static Market Panes software products, screenshots and
`
`documentation of which are included in Exhibit 1.
`
`6.
`
`Defendant STRA'IEGY RUNNER, 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 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.).
`
`429754-1
`
`2
`
`TT0050586
`TTX00050586
`
`Page 2 of 6
`
`
`
`7.
`
`TI waives its rights to damages from STRATEGY RUNNER arising from the
`
`manufacture, use, sale or offers to sell, impoitation and/or other distribution of the
`
`electronic trading software products referred to in paragraph 5 above prior to entry of this
`
`Judgment.
`
`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.
`
`Notwithstanding the terms of this Consent Judgment, STRATEGY RUNNER
`
`expressly reserves the right to contest infringement if the STRATEGY RUNNER
`
`software is modified so as to not infiinge the patents-in-suit. In the event that
`
`STRA TEOY RUNNER contests infringement based on STRATEGY RUNNER software
`
`that is modified, TT reserves the right to assert any and all claims against STRA TEOY
`
`RUNNER 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 STRATEGY RUNNER software and the software that is the
`
`subject of this Consent Judgment.
`
`The right to enforce this Consent Judgment shall transfer to any successor-in-
`10.
`interest to TT.
`
`11.
`
`Each party shall bear its own costs and attorneys' fees.
`
`4297.!4-1
`
`3
`
`TT0050587
`TTX00050587
`
`Page 3 of 6
`
`
`
`~4Lbv
`
`Judge Coar
`United States District Court Judge
`
`SO ORDERED/
`Dated: ~ d .2/o$"
`I
`
`AGREED TO:
`
`No. 6204980)
`if R. Si ond, Jr.
`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 TECHNOLOGffiS
`INTERNATIONAL, INC.
`
`Ira Kalina (ID No. 6225281)
`Gardner, Carton & Douglas LLP
`191 North Wacker Drive
`Suite 3700
`Chicago, lllinois 60606-1698
`Tel.: 312.569.1000
`Fax: 312.569.3000
`
`Attorneys for Defendant
`STRATEGY RUNNER, LLC
`
`Dated:W/./os
`
`CHOI/12434608.2
`
`42975<1-1
`
`4
`
`TT0050588
`TTX00050588
`
`Page 4 of 6
`
`
`
`Exhibit 1
`
`Example Strategy Runner Screenshot and Documentation
`
`Static Market Pane
`
`Strategy Runner offers Static Market Pane, where Prices are static, and client can choose how often he
`wants to centralize current/last price.
`
`Explanation from User Guide: Using Static table prices mode
`
`In the Static table prices mode, you can use the Center Price button in order to center it. To set default for
`periodical centering of price:
`
`1.
`
`In the Market Pane Table section, click the Center Last Price checkbox.
`
`2. Set the number of ticks moved from the center after which you want the current price to be
`centered automatically.
`
`3. Set the number of seconds from previous centering after which you want the current price to be
`centered automatically. The price will be centered when one of the conditions set in step 2 or step
`3 is met.
`
`4. Click Apply to apply and save, or click Ok to save and exit.
`
`TT0050589
`TTX00050589
`
`Page 5 of 6
`
`
`
`· Profit~2
`Loss
`BreakEven
`
`TT0050590
`TTX00050590
`
`Page 6 of 6
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