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`Trials@uspto.gov
`571-272-7822
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`Paper 137
`Entered: August 10, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`TRADESTATION GROUP, INC., TRADESTATION SECURITIES, INC.,
`TRADESTATION TECHNOLOGIES, INC., IBFX, INC., IBG LLC, and
`INTERACTIVE BROKERS LLC,
`Petitioners,
`
`v.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`
`CBM2015-00161 (Patent No. 6,766,304 B2)1
`CBM2015-00181 (Patent No. 7,676,411 B2)
`CBM2015-00182 (Patent No. 6,772,132 B1)
`CBM2016-00009 (Patent No. 7,685,055 B2)
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and JEREMY
`M. PLENZLER, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`ORDER2
`Granting Motions to Preserve Record Pending Appeal
`37 C.F.R. § 42.56
`
`
`
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`1 Case CBM2016-00035 has been joined with this proceeding.
`2 This Order addresses the same or similar issue in the proceedings listed
`above. Therefore, we issue one Order to be filed in each proceeding. The
`parties, however, are not authorized to use this style of filing.
`
`
`
`
`CBM2015-00161 (Patent No. 6,766,304 B2)
`CBM2015-00181 (Patent No. 7,676,411 B2)
`CBM2015-00182 (Patent No. 6,772,132 B1)
`CBM2016-00009 (Patent No. 7,685,055 B2)
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`Patent Owner filed unopposed motions3 requesting that the records in
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`these proceedings be preserved pending outcome of appeal. Paper 136.4
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`Notices of Appeal have been filed in CBM2015-000161, CBM2015-000181,
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`and CBM2015-00182. See, e.g., Paper 132. A notice of appeal has not yet
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`been filed in CBM2015-00009. Petitioners do not oppose the request. Paper
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`136, 1.
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`The parties were permitted to file certain information under seal, in
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`accordance with 37 C.F.R. § 42.54(a). See Paper 130. The sealed
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`information ordinarily becomes publicly available after final judgment. See
`
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48761 (Aug. 14,
`
`2012). A party may file a motion to expunge confidential information from
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`the record, however, if wishing to preserve its confidentiality. 37 C.F.R.
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`§ 42.56. Here, Patent Owner asks that the records be preserved as is, i.e.,
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`without removal or disclosure to the public of the information filed under
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`seal, pending appeal. Paper 136, 1. Under the present circumstances, it is
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`reasonable to maintain the records undisturbed pending outcome of any
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`appeal that is taken.
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`Patent Owner request that the information filed under seal in these
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`proceedings be expunged from the record within ten days of the disposition
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`of all appeals. Id. at 3. Patent Owner’s request is denied as premature. For
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`each of these proceedings, at the conclusion of appeal, or if no appeal is
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`3 On June 13, 2017, the Board authorized, by email, Patent Owner to file the
`motion.
`4 For the purposes of this Order, CBM2015-00161 is representative and all
`citations are to papers in CBM2015-00161 unless otherwise noted.
`
`2
`
`
`
`CBM2015-00161 (Patent No. 6,766,304 B2)
`CBM2015-00181 (Patent No. 7,676,411 B2)
`CBM2015-00182 (Patent No. 6,772,132 B1)
`CBM2016-00009 (Patent No. 7,685,055 B2)
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`taken within ten business days of the expiration of the period to file a notice
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`of appeal, Patent Owner may contact the Board for authorization to file a
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`motion to expunge confidential information. If Patent Owner does not
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`contact the Board, then the information filed under seal may be made public
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`in due course. See 77 Fed. Reg. at 48761.
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`It is:
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`ORDERED that, for each of these proceedings, within ten business
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`days of the conclusion of appeal, or if no appeal is taken within ten business
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`days of the expiration of the period to file a notice of appeal, Patent Owner
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`may contact the Board for authorization to file a motion to expunge
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`confidential information; and
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`FURTHER ORDERED that the record in each proceeding shall
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`remain undisturbed as discussed herein until such time that a motion to
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`expunge confidential information is filed or, if the Patent Owner fails to
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`contact the Board as required herein, the information filed under seal shall
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`be made public in due course.
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`3
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`CBM2015-00161 (Patent No. 6,766,304 B2)
`CBM2015-00181 (Patent No. 7,676,411 B2)
`CBM2015-00182 (Patent No. 6,772,132 B1)
`CBM2016-00009 (Patent No. 7,685,055 B2)
`
`
`PETITIONER:
`
`Robert Sokohl
`rsokohl-ptab@skgf.com
`
`John Phillips
`phillips@fr.com
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`Michael Rosato
`mrosato@wsgr.com
`
`Matthew Argenti
`margenti@wsgr.com
`
`Kevin Su
`CBM41919-0005CP1@fr.com
`
`
`PATENT OWNER:
`
`Leif Sigmond
`sigmond@mbhb.com
`
`Cole Richter
`richter@mbhb.com
`
`Michael Gannon
`gannon@mbhb.com
`
`Jennifer Kurcz
`kurcz@mbhb.com
`
`Steven Borsand
`steve.borsand@tradingtechnologies.com
`
`Jay Knobloch
`jay.knobloch@tradingtechnologies.com
`
`
`4
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