DECLARATION OF RUSSELL A. WARNER
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`I, Russell A. Warner, declare that:
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`I am personally familiar with the facts set forth herein, and, if called as a witness,
`1.
`I could and would testify thereto of my own personal knowledge.
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`In 1978, I cofounded Commodity Communications Corp. (now FutureSource),
`2.
`which provided real-time data and analytic software to futures traders. From 1978-1985,
`I was General Manager of the business. The company was based in Lombard, Illinois.
`From 1985 to 1991, I was Senior Vice President of Market View Software, Inc. in St.
`Charles, Illinois. Market View developed software for real-time PC computer decision
`support systems for traders. The company was sold in 1991 and currently operates under
`the name Global View Software. From 1991 to 1996, I was Vice President of Sales for
`the Midwest and Western regions for Market Vision, Inc, a developer of real-time
`graphics and market data distribution systems. From 1996 to 2000, I was President of
`Logical Information Machines, Inc., a developer of time series database management and
`analysis systems for financial and energy market management.
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`From July of 2000 until October of 2001, I was the Chief Operating Officer
`3.
`("COO") and Executive Vice President of Business Development of YesTrader, Inc.
`YesTrader was an independent software vendor ("ISV") that provided software for
`connecting to electronic futures and derivatives exchanges and for providing a front-end
`for traders to enter and manage orders electronically. Y esTrader was based in Chicago,
`Illinois and was a competitor of Trading Technologies ("TT"). After I left Y esTrader, I
`was Senior Vice President, Regional Manager West at Reuters with the responsibility of
`managing the sales for the Western region until May of 2003. Since then, I have been
`providing consulting services. I currently reside in Mount Prospect, Illinois.
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`At YesTrader, there was a flurry of activity in the summer of 2000 to get ready
`4.
`for a new API being offered by the Chicago Board of Trade. In around the early fall of
`2000, sales people at Y esTrader began reporting that they were hearing feedback that TT
`was offering a new type of trading tool called MD Trader that the customers liked. I
`recall discussions at Y esTrader regarding the need to create a screen competitive to TT' s
`MD Trader. YesTrader attempted to come out with something competitive to MD
`Trader, but ultimately was not able to displace MD Trader at customer accounts.
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`TRADING TECH EXHIBIT 2060
`CQG & CQGT v. Trading Technologies
`CBM2015-00057
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`

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`Based on input from sales and customers, I was made aware that TT's MD Trader
`5.
`provided a definitive advantage to the traders. MD Trader gave TT's product a
`significant competitive advantage.
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`I declare UJ.!der penalty of perjury that the foregoing is true and correct. Executed on
`August _fl_, 2004.
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`/L.dld!J~
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`Russell A. W amer
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