` Filed: March 7, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`TRADESTATION GROUP, INC.,
`TRADESTATION SECURITIES, INC.,
`IBG LLC, and INTERACTIVE BROKERS LLC,
`
`Petitioners
`v.
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`
`Patent Owner
`_________________
`Case CBM2015-001611
`U.S. Patent 6,766,304 B2
`_________________
`
`
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`PATENT OWNER’S NOTICE OF CROSS-APPEAL
`
`
`via E2E
`Patent Trial and Appeal Board
`
`via First Class Mail
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`via CM/ECF
`United States Court of Appeals for the Federal Circuit
`
`1 Case CBM2016-00035 has been joined with this proceeding.
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`
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`Case CBM2015-00161
`U.S. Patent 6,766,304
`
`
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`Pursuant to 35 U.S.C. §§ 141 and 142, and 37 C.F.R. §§ 90.2 and 90.3,
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`Patent Owner, Trading Technologies International, Inc. (TT), hereby provides
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`notice that it cross-appeals to the United States Court of Appeals for the Federal
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`Circuit from the Final Written Decision (Paper 129) entered on February 17, 2017,
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`and from all underlying orders, decisions, rulings, and opinions regarding U.S.
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`Patent 6,766,304 (“the ’304 patent”) at issue in Covered Business Method No.
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`CBM2015-00161. This cross appeal is timely because it is filed within 14 days of
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`Petitioners’ notice of appeal, which has been docketed as Federal Circuit appeal
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`no. 17-1732.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), the issues on cross-appeal
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`include the Board’s determination that it had jurisdiction to issue the Final Written
`
`Decision because the ’304 patent is a covered business method patent under § 18
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`of the American Invents Act. See Granite Mgmt. Corp. v. United States, 416 F.3d
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`1373, 1379 (Fed. Cir. 2005) (regarding jurisdictional issue and cross-appeal). The
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`remedy sought on cross-appeal is vacation of the Final Written Decision. See
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`Secure Axcess, LLC v. PNC Bank Nat'l Ass'n, No. 2016-1353, 2017 WL 676601, at
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`*9 (Fed. Cir. Feb. 21, 2017).
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`
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`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), this Notice is being
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`filed with the Director of the United States Patent and Trademark Office, and a
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`copy of this Notice is being concurrently filed with the Patent Trial and Appeal
`1
`
`
`
`
`
`Case CBM2015-00161
`U.S. Patent 6,766,304
`Board. In addition, a copy of this Notice along with the required docketing fees are
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`being filed with the Clerk’s Office for the United States Court of Appeals for the
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`Federal Circuit via CM/ECF.
`
`
`
`Dated: March 7, 2017
`
`Respectfully submitted,
`
`By: /Cory C. Bell/
`Cory C. Bell, Back-up Counsel
`Reg. No. 75,096
`
`Counsel for Patent Owner
`Trading Technologies International, Inc.
`
`
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`2
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`CERTIFICATE OF SERVICE
`
`Case CBM2015-00161
`U.S. Patent 6,766,304
`
`
`I hereby certify that on this 7th day of March, 2017, a true and correct copy
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`of the foregoing “PATENT OWNER’S NOTICE OF CROSS-APPEAL” was
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`filed by First Class mail with the Director of the United States Patent and
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`Trademark Office, at the following address:
`
`Director of the United States Patent and
`Trademark Office
`c/o Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`I also herby certify that on this 7th day of March, 2017, a true and correct
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`copy of the foregoing “PATENT OWNER’S NOTICE OF CROSS-APPEAL,”
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`and the filing fee, were filed with the Clerk’s Office of the United States Court of
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`Appeals for the Federal Circuit, via CM/ECF.
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`I also herby certify that a true and correct copy of the foregoing “PATENT
`
`OWNER’S NOTICE OF CROSS-APPEAL,” was served by electronic mail on
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`this 7th day of March, 2017 on counsel of record for the petitioners as follows :
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`Robert E. Sokohl
`rsokohl@skgf.com
`
`John C. Phillips
`phillips@fr.com
`
`Kevin Su
`CBM41919-0005CP1@fr.com
`
`1
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`
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`Date: March 7, 2017
`
`Case CBM2015-00161
`U.S. Patent 6,766,304
`
`
`Michael T. Rosato
`mrosato@wsgr.com
`
`Matthew A. Argenti
`margenti@wsgr.com
`
`
`/Valencia Daniel/
`Valencia Daniel
`Litigation Legal Assistant
`
`Finnegan, Henderson, Farabow, Garrett &
`Dunner, LLP
`
`
`
`2
`
`
`
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