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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`TD AMERITRADE HOLDING CORPORATION, TD AMERITRADE, INC., and
`TD AMERITRADE ONLINE HOLDINGS CORP.,
`Petitioner
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`v.
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`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner
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`CBM2014-00137 (Patent 7,685,055)1
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`JOINT REQUEST THAT SETTLEMENT AGREEMENT BE TREATED
`AS BUSINESS CONFIDENTIAL INFORMATION AND KEPT
`SEPARATE UNDER 37 C.F.R § 42.74(c)
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`1 An identical paper has also been filed in the following proceedings:
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`CBM2014-00131 (Patent 7,533,056)
`CBM2014-00133 (Patent 7,676,411)
`CBM2014-00135 (Patent 6,772,132)
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`CBM2014-00131 (Patent 7,533,056)
`CBM2014-00133 (Patent 7,676,411)
`CBM2014-00135 (Patent 6,772,132)
`CBM2014-00137 (Patent 7,685,055)
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`INTRODUCTION
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`During a telephone conference on June 30, 2015, when the parties informed
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`the Board of their settlement, the Board authorized the parties to file a joint motion
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`to terminate these proceedings and a joint request that the settlement agreement be
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`treated as business confidential information and kept separate. The rules permit the
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`parties to have any filed settlement agreement treated as business confidential
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`information and kept separate from the files of the involved patent. 37 C.F.R.
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`§ 42.74(c). Indeed, the statute requires it at a party’s request.
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`At the request of a party to the proceeding, the agreement or
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`understanding shall be treated as business confidential
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`information, shall be kept separate from the file of the involved
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`patents, and shall be made available only to Federal
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`Government agencies on written request, or to any person on a
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`showing of good cause.
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`35 U.S.C. § 327.
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`In a motion filed concurrently herewith, Petitioner and Patent Owner jointly
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`request termination of these proceedings. The parties also submit, as part of that
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`joint request, a true copy of the agreement between them (the “Agreement”) as
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`Exhibit 2300.
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`–2–
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`CBM2014-00131 (Patent 7,533,056)
`CBM2014-00133 (Patent 7,676,411)
`CBM2014-00135 (Patent 6,772,132)
`CBM2014-00137 (Patent 7,685,055)
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`RELIEF REQUESTED
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`Because the Agreement contains confidential business information,
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`Petitioner and Patent Owner jointly request that the Office treat the Agreement
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`(Exhibit 2300) as business confidential information, that the Agreement be kept
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`separate from the file of the involved patent, and that the Agreement be made
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`available only to Federal Government agencies on written request, or to any person
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`on a showing of good cause.
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`Respectfully submitted,
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`Date: July 5, 2015
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`Date: July 5, 2015
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`/Lori Gordon/
`Lori Gordon
`Registration No. 50,633
`Lead Counsel for Petitioner
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`/Erika H. Arner/
`Erika H. Arner
`Registration No. 57,540
`Lead Counsel for Patent Owner
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`–3–
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`CBM2014-00131 (Patent 7,533,056)
`CBM2014-00133 (Patent 7,676,411)
`CBM2014-00135 (Patent 6,772,132)
`CBM2014-00137 (Patent 7,685,055)
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing JOINT
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`REQUEST THAT SETTLEMENT AGREEMENT BE TREATED AS
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`BUSINESS CONFIDENTIAL INFORMATION AND KEPT SEPARATE
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`UNDER 37 C.F.R § 42.74(c), was served on July 5, 2015, via email directed to
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`counsel of record for the Petitioner at the following:
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`Lori A. Gordon
`lgordon-ptab@skgf.com
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`Jonathan M. Strang
`jstrang-ptab@skgf.com
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`Robert E. Sokohl
`rsokohl-ptab@skgf.com
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
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`/Ashley F. Cheung/
`Ashley F. Cheung
`Case Manager
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`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
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`–4–