`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`Trading Technologies International, Inc.,
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`)
`)
`) Civil Action No. 05 C 1079
`)
`) The Honorable Wayne Andersen
`)
`) Magistrate Geraldine Soat Brown
`)
`)
`)
`)
`)
`)
`)
`)
`Defendants.
`______________________________ )
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`Plaintiff,
`
`v.
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`REFCO GROUP LTD., LLC, REFCO LLC,
`REFCO EASYSOLUTIONS, LLC,
`REF CO SCREENS, LTD,
`REFCO TRADING SERVICES LTD.,
`REFCO GLOBAL FUTURES, LLC, and
`REFCO OVERSEAS LIMITED,
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`CONSENT JUDGMENT
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`As a result of settlement of this action by virtue of a settlement agreement
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`between the parties dated September 29, 2006 which shall become effective upon entry of
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`this Consent Judgment and upon consent of Plaintiff, Trading Technologies International,
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`Inc. ("TT") and Defendants, Refco Group Ltd., LLC, Refco, LLC, Refco Easysolutions,
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`LLC, Refco Trading Services Ltd., Refco Global Futures, LLC, Refco Overseas
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`Limited, Refco Screens, Limited (formerly known as EasyScreen Ltd., formerly known
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`as EasyScreen Plc) (collectively, "REFCO"), judgment is hereby entered against REFCO
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`upon TT's Complaint, and it is hereby ORDERED, ADJUDGED, and DECREED that:
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`TT0102293
`
`TTX00102293
`
`TRADING TECH EXHIBIT 2076
`TD Ameritrade v. Trading Technologies
`CBM2014-00136
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`Page 1 of 5
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`1.
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`TT commenced this action for patent infringement against some of the REFCO
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`entities on February 23, 2005. The Complaint was amended on ___ , 2006 to add
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`additional parties. This action alleges that REFCO infringes U.S. Patent Nos. 6,766,304
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`("' 304 patent") and 6, 772,132 ('" 132 patent"). REF CO has received and reviewed a
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`copy of the Complaint filed by TT in this action.
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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.
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`TT is the sole and exclusive owner ofthe '304 patent and the '132 patent, and has
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`the right to sue upon, and recover damages for past infringement and enjoin future
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`infringement ofthe '304 and '132 patents.
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`4.
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`REFCO does not contest the validity or enforceability of the '304 and '132
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`patents. Accordingly, this Court finds that all claims of the '304 and '132 patents are
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`valid and enforceable.
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`5.
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`REFCO has infringed the '304 and '132 patents under 35 U.S.C. Section 271 by
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`making, using, selling, offering for sale, importing, and/or otherwise distributing,
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`electronic trading software called the Refco Pro Ladder Ticket and the Easyscreen Ladder
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`Ticket, screenshots and documentation of which are attached as Exhibit 1.
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`6.
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`Defendant REFCO,
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`its officers, directors, partners, members, affiliates,
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`subsidiaries, assigns, and successors-in-interest are hereby permanently enjoined during
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`the terms of the '304 and '132 patents from infringing the '304 and '132 patents,
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`including, without limitation, by the making, using, selling, offering for sale, importing,
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`TT0102294
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`TTX00102294
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`Page 2 of 5
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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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`elements) 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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`Conditioned upon receiving a complete payment pursuant to the terms in the
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`September 29, 2006 settlement agreement, TT waives its rights to damages from REFCO
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`arising from the manufacture, use, sale or offers to sell, importation and/or other
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`distribution of the electronic trading software products referred to in paragraph 5 above
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`prior to entry of this Judgment.
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`8.
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`All counterclaims brought by REFCO against TT in this lawsuit are hereby
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`dismissed with prejudice. This Consent Judgment fully resolves all issues in this lawsuit.
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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 Settlement Agreement between the parties pursuant to which
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`the Consent Judgment is filed.
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`10.
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`The right to enforce this Consent Judgment shall transfer to any successor-in-
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`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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`TT0102295
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`TTX00102295
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`Page 3 of 5
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`
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`SO ORDERED
`Dated·:~UrV~d~J-Uv .3o 1 :2JJ!i6
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`I
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`AGREED TO:
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`Dated: November 16, 2006
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`Dated: November 21, 2006
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`Dated: November 17,2006
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`United States District Court Judge
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`s/ Jennifer M. Kurcz
`LeifR. Sigmond, Jr. (ID No. 6204980)
`Matthew J. Sampson (ID No. 6207606)
`Jennifer M. Kurcz (ID No. 6279893)
`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.
`
`s/ Karen Nelson
`Karen Nelson
`Kirkland & Ellis LLP
`200 East Randolph Dr.
`Chicago, IL 60601
`Attorney for Defendants,
`REFCO GROUP LTD., LLC, REFCO
`EASYSOLUTIONS, LLC, REFCO SCREENS,
`LTD, REFCO TRADING SERVICES LTD.,
`REFCO GLOBAL FUTURES, LLC,
`REFCO OVERSEAS LIMITED
`
`s/ Jerry L. Switzer, Jr.
`JeiTy L. Switzer, Jr.
`Jenner & Block LLP
`330 N. Wabash Avenue
`Chicago, IL 60611-7603
`Attorneys for Albert Togut, not individually but
`solely as Chapter 7 Trustee for Defendant,
`REFCO,LLC
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`TT0102296
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`TTX00102296
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`Page 4 of 5
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`EXHIBIT 1
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`The Software
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`account:
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`The above screenshots are representative of the infringing elements of the products
`offered by Refco, Refco EasySolutions, and EasyScreen. These elements were referred
`to as the ladder ticket or the ladder. The most recent versions of these elements
`functioned such that the price ladder and the associated market indicators automatically
`drifted smoothly back to center after a visible market movement. This Agreement applies
`to these most recent versions of these elements as well as the previous versions which did
`not include such an automatic smooth drift/recenter feature.
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`TT0102297
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`TTX00102297
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`Page 5 of 5