`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`TRADING TECHNOLOGIES INTERNATIONAL,)
`INC.,
`
`Plaintiff,
`
`))
`
`))
`
`)
`v.
`)
`eSPEED, INC., eSPEED INTERNATIONAL,)
`LTD., ECCO LLC, and ECCOWARE, LTD.,)
`)
`Defendants.
`)
`
`No. 04 C 5312
`
`Chicago, Illinois
`September 12, 2007
`9:30 o'clock a.m.
`
`VOLUME 3-A
`TRIAL TRANSCRIPT OF PROCEEDINGS
`BEFORE THE HONORABLE JAMES B. MORAN, and a JURY
`
`APPEARANCES:
`Trading Technologies
`International, Inc., by:
`
`and
`
`TRADING TECHNOLOGIES
`INTERNATIONAL, INC.,
`MR. STEVEN F. BORSAND
`222 South Riverside Drive
`Chicago, Illinois 60606
`312-476-1000
`steve.borsand@
`tradingtechnologies.com
`McDONNELL, BOEHNEN, HULBERT &
`BERGHOFF, LTD.
`MR. PAUL H. BERGHOFF
`MR. S. RICHARD CARDEN
`MR. CHRISTOPHER M. CAVAN
`MR. MICHAEL D. GANNON
`MS. JENNIFER M. KURCZ
`MR. MATTHEW J. SAMPSON
`MR. LEIF R. SIGMOND
`300 South Wacker Drive
`Chicago, Illinois 60606
`312-913-0001
`berghoff@mbhb.com
`kurcz@mbhb.com
`
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`TRADING TECH EXHIBIT 2251
`TRADESTATION v. TRADING TECH
` CBM2015-00161
`
`
`
`eSpeed, Inc., eSpeed
`International, Inc.,
`Ecco LLC, Eccoware,
`LTD., by:
`
`Rosenthal Collins Group,
`LLC, by:
`
`409
`
`WINSTON & STRAWN
`MR. GEORGE C. LOMBARDI
`MR. RAYMOND C. PERKINS
`MR. IMRON T. ALY
`MR. KEVIN BANASIK
`MS. ELIZABETH HARTFORD ERICKSON
`MR. ANDREW M. JOHNSTONE
`MS. TRACEY J. ALLEN
`MR. JAMES M. HILMERT
`35 West Wacker Drive
`Chicago, Illinois 60601
`312-558-5600
`glombardi@winston.com
`rperkins@winston.com
`LAW OFFICES OF
`GARY A. ROSEN, P.C.
`MR. GARY A. ROSEN
`1831 Chestnut Street, Suite 802
`Philadelphia, Pennsylvania
`19103
`215-972-0600
`
`DOWELL BAKER
`MR. GEOFFREY A. BAKER
`201 Main Street
`Lafayette, IN 47901
`765-429-4004
`gabaker@dowellbaker.com
`
`Court Reporter:
`
`MS. CAROLYN COX, CSR, RPR, CRR
`Official Court Reporter
`219 S. Dearborn Street, Suite 1854-B
`Chicago, Illinois
`60604
`(312) 435-5639
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`to be testifying to is relevant to the claim that TT is
`advancing.
`
`Does that pretty well cover it?
`MR. CARDEN:
`I think we are satisfied, your
`
`Honor.
`
`Go ahead.
`Okay.
`THE COURT:
`Your Honor, with the Court's
`MR. SIGMOND:
`permission, Mr. Carden is going to take the next
`witness.
`
`Good
`Thank you, your Honor.
`MR. CARDEN:
`morning, ladies and gentlemen of the jury.
`TT calls as
`its next witness Amanda Lewis.
`MR. LOMBARDI:
`Your Honor, could we go to
`sidebar for one moment when the witness is walking in?
`(Whereupon a discussion was had at the bench, outside
`the hearing of the jury and the court reporter.)
`(Witness sworn.)
`
`- - -
`AMANDA KATE LEWIS, DIRECT EXAMINATION
`BY MR. CARDEN:
`Good morning, Ms. Lewis.
`Q.
`Good morning.
`A.
`Could you remind the jury of your full name,
`Q.
`please?
`A.
`
`Amanda Kate Lewis.
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`And do you live in the City of Chicago?
`Q.
`Yes.
`A.
`Who do you currently for?
`Q.
`Intralinks.
`A.
`How long have you been at Intralinks?
`Q.
`Almost two years.
`A.
`Where did you work before you were at Intralinks?
`Q.
`ESpeed.
`A.
`And how long did you work at eSpeed?
`Q.
`About two years and four months.
`A.
`What was your position at eSpeed?
`Q.
`I was a sales account executive.
`A.
`Did you have a title at eSpeed?
`Q.
`Relationship manager was the title.
`A.
`Can you tell us what your responsibilities
`Okay.
`Q.
`were as a relationship manager at eSpeed?
`Sure.
`I was to visit clients on a regular basis,
`A.
`make sure that they had access to our technology, make
`sure that they were trading on our technology; just
`ensure that they were happy with the system and take
`care of any complaints that they had.
`And when you say regular basis, what did you
`Q.
`mean?
`I probably saw every
`I mean a frequent basis.
`A.
`client at a minimum once every two weeks, if not every
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`week.
`Were you responsible for any particular products
`Q.
`when you were a relationship manager at eSpeed?
`Yes.
`A.
`What products were those?
`Q.
`The foreign exchange, the futures, the cash bond;
`A.
`that was it.
`With respect to the futures that you just
`Q.
`mentioned, how long during your time at eSpeed were you
`responsible for that product?
`Several months.
`A.
`Can you tell the jury when that was?
`Q.
`It was from the time that we started to think
`A.
`about the futures product and rolling it out through the
`time that I transitioned into the FX products.
`Do you know when you transitioned into FX?
`Q.
`Probably in November of '04.
`A.
`Are you familiar with Trading Technologies?
`Q.
`Yes.
`A.
`And how are you familiar with Trading
`Q.
`Technologies?
`Trading Technologies was the futures platform
`A.
`that most of the eSpeed clients had on their desktop.
`So your eSpeed customers had TT on their desktop?
`Q.
`Yes.
`A.
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`439
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`they wouldn't have to go back to the pre-set buttons and
`click up.
`They wanted to be able to enter two different
`quantities easily at that price or one next to the price
`anyway, and then the menu that pops down -- so when you
`-- you could click to get a menu to pop down to change
`some different settings in the system, and they wanted
`to change it in the instrument settings, which was on
`the actual eSpeed platform or other settings in the
`actual window as I recall, the futures window.
`When you say right click execution, does that
`Q.
`mean entry of an order?
`Yes.
`A.
`In how many clicks?
`Q.
`The last version that I recall working with, it
`A.
`was the one click, but it had to be the full click.
`It
`wouldn't be just down.
`You had to release the click in
`order to have it be entered.
`Can you -- can you turn in your binder to
`Q.
`Plaintiff's Deposition Exhibit 215 and tell me if you
`recognize that?
`My fault.
`Wrong one, I'm sorry.
`A.
`MR. PERKINS:
`Your Honor, just preserving
`the objections.
`THE COURT:
`THE WITNESS:
`
`You do.
`I recognize that.
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`440
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`BY MR. CARDEN:
`How do you recognize it?
`Okay.
`Q.
`This is an e-mail from myself again to Bill Gill,
`A.
`the technology team, my manager, and James Stedman.
`And who is in the first line there, who is S&L?
`Q.
`S&L is one of my clients, Singer and Levinson.
`A.
`Do you know if they had TT's product?
`Q.
`Yes.
`A.
`And do you know how you knew that TT had the
`Q.
`capability available that's being referred to below?
`Because the trader that I was talking to told me
`A.
`that that capability was available.
`Was that an unusual comment to you?
`Q.
`No.
`A.
`Why not?
`Q.
`That was really common when I visited my clients
`A.
`that they would ask for whatever TT had.
`That's the
`system they're used to.
`The traders are creatures of
`habit and want to use something that's familiar to them.
`And if you could turn to Plaintiff's Trial
`Q.
`Exhibit 292 in your binder, do you recognize this?
`Yes.
`A.
`And how do you recognize this document?
`Q.
`I was copied on the e-mail from Stephanie.
`A.
`And in this document, it refers to single click
`Q.
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`Do you see that?
`
`execution in system settings.
`Yes.
`A.
`Do you know what that means?
`Q.
`Yes.
`A.
`And what is that?
`Q.
`That would be just a one click to enter orders.
`A.
`So instead of a double click, for example, I think she
`is referring to a single click instead of a double click
`here.
`Later in that e-mail it says there isn't an
`Q.
`What is
`option to uncheck cash/ladder second look.
`that?
`Oh, so the second look was that if the trader
`A.
`wanted to enter an order and try to do so, an extra
`window would pop up saying this is to confirm you are
`about to put this quantity into the marketplace at this
`price, is this okay, yes or no.
`And what's the cash referred to there?
`Q.
`The cash ladder?
`A.
`Yes.
`Q.
`So the cash ladder would be the same as that
`A.
`Futures View that we first looked at, except the cash
`prices would be in the middle for the cash bonds product
`that eSpeed had.
`And what product exactly is that, what exchange
`Q.
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