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`Trials@uspto.gov
`571-272-7822
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`Paper 130
`Entered: February 17, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TRADESTATION GROUP, INC. and
`TRADESTATION SECURITIES, INC., IBG LLC, and
`INTERACTIVE BROKERS, LLC,
`Petitioner,
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`v.
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`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`
`Case CBM2015-001611
`Patent No. 6,766,304 B2
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`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and
`JEREMY M. PLENZLER, Administrative Patent Judges.
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`PETRAVICK, Administrative Patent Judge.
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`
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`DECISION
`Granting Motions to Seal
`37 C.F.R. §§ 42.14 and 42.54
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`INTRODUCTION
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`Pursuant to 37 C.F.R. § 42.14, Patent Owner filed multiple motions to
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`seal to the papers and exhibits indicated in the table below.
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`1 CBM2016-00035 has been joined with this proceeding.
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`
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`CBM2015-00161
`Patent 6,766,304 B2
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`Motion. Papers to be Sealed
`Paper 53 Confidential Version of Motion for
`Additional Discovery (Paper 54)
`Paper 62 Confidential Version of Patent
`Owner’s Response (Paper 63)
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`Paper 91 Confidential Version of Motion for
`Supplemental Evidence (Paper 89)
`Paper 93 Confidential Version of Reply in
`Support of Motion for
`Supplemental Evidence (Paper 94)
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`Exhibits to be Sealed
`Ex. 2143–2151, 2154,
`2156–2158
`Ex. 2172, 2169, 2224,
`2225, 2232, 2247, 2270,
`2286, 2294, 2295
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`Patent Owner represents that Petitioner does not oppose the motions.
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`Paper 532, 1.
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`There is a strong public policy for making all information filed in an
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`inter partes review open to the public. Under 35 U.S.C. § 316(a)(1), the
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`default rule is that all papers filed in an inter partes review are open and
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`available for access by the public; a party, however, may file a concurrent
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`motion to seal (37 C.F.R. § 42.14). The standard for granting a motion to
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`seal is “for good cause.” 37 C.F.R. § 42.54. The party moving to seal bears
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`the burden of proof in showing entitlement to the requested relief, and must
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`explain why the information sought to be sealed constitutes confidential
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`information. 37 C.F.R. § 42.20(c).
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`Patent Owner asserts that there is good cause to seal the papers and
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`exhibits because they contain sensitive business information that would not
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`otherwise be published or made available to the public. E.g., see Paper 53,
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`1–3. We agree. The information Patent Owner seeks to seal was not relied
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`on in the Final Written Decision. As such protecting the confidential
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`2 Paper 53 is representative of Patent Owner’s motions to seal. All citations
`are to Paper 53 unless otherwise indicated.
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`2
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`CBM2015-00161
`Patent 6,766,304 B2
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`information from public disclosure only minimally impacts the public’s
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`interest in maintaining a complete file history. Further, non-confidential
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`information will be publically available because non-confidential versions of
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`the papers have been filed. E.g., see Paper 52 (redacted version of motion
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`for additional discovery).
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`A motion to seal is required to include a proposed protective order and
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`a certification that the moving party has in good faith conferred or attempted
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`to confer with the opposing party in an effort to come to an agreement as to
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`the scope of the proposed protective order for this inter partes review.
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`37 C.F.R. § 42.54. Patent Owner indicates that the parties have conferred
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`and agree to entry of the default protective located at Office Trial Practice
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`Guide, 77 Fed. Reg. 48756, 48771 (Aug. 14, 2012) (Appendix B). E.g., see
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`Paper 53, 4.
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`Based on Patent Owner’s unopposed representations and the
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`reasonably limited scope of the protection sought, we determined that good
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`cause exists to grant the motion to seal. 37 C.F.R. § 42.54.
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`
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`It is:
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`ORDERED that Patent Owner’s motions to seal are granted.
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`
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`3
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`
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`CBM2015-00161
`Patent 6,766,304 B2
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`PETITIONER:
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`John C. Phillips
`Kevin Su
`Robert Sokohl
`Michael Rosato
`Matthew Argenti
`phillips@fr.com
`CBM14919-0005CP1@fr.com
`Rsokhol-ptab@skgf.com
`mrosato@wsgr.com
`margenti@wsgr.com
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`PATENT OWNER:
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`Erika H. Arner
`Rachel Emsley
`Joshua Goldberg
`Kevin Rodkey
`Michael Gannon
`Leif Sigmond
`Steven Borsand
`Cory Bell
`Jennifer Kurcz
`Jay Knobloch
`Erika.arner@finnegan.com
`Rachel.emsley@finnegan.com
`Joshua.goldberg@finnegan.com
`Kevin.rodkey@finnegan.com
`gannon@mhbh.com
`sigmond@mbhb.com
`steve.borsand@tradingtechnologies.com
`cory.bell@finnegan.com
`kurcz@mbhb.com
`jay.knobloch@tradingtechnologies.com
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`4
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