Kurcz, Jennifer
`
`From:
`Sent:
`To:
`Cc:
`
`Subject:
`
`David Healey <Healey@fr.com>
`Friday, May 27, 2016 11:45 AM
`Kurcz, Jennifer
`John Phillips; Adam Kessel; Trevor Goodrich; Deborah Hamilton; rsokohl@skgf.com;
`nmorgan@wsgr.com
`Your request on use of documents for PTAB
`
`
`
`Jenn,
`
` I
`
` am writing regarding your call this morning and emails last night pressing for an agreement on use of
`materials from the TT v TS Chicago litigation carte blanche in the PTAB proceedings.
`
` I
`
` understand your next substantive filing in the PTAB is more than a month away. In the interim, we have
`several time sensitive issues, such as your request on an expedited appeal of the stay order (for which we still
`have not received a proposed schedule) to be discussed in a few hours; Ms. Palma's latest complaints on
`discovery threatening court action if not resolved by the next business day; preparation for Mr. Bartleman's
`deposition; discovery responses due in Florida (to which our calls and emails regarding a short extension have
`gone unanswered); and other matters. This said, I am not going to respond further without conferring with our
`client and our team and there is no reason to get this done today -- other issues have priority.
`
`
`
`Next let me make clear, we will not submit to a blanket agreement that any document from the TT v. TS
`litigation can be used in the PTAB proceedings. There is no basis for this, and it undermines the purpose of
`creating a cost-effective, highly efficient, focused proceeding in the PTAB. It gives TT license to use a large
`and disorganized document dump it made on us in the Chicago case as it pleases, dump more documents on us
`as it pleases to launder them through the lawsuit to use in the PTAB -- regardless of whether the submission is
`proper or there is an evidentiary basis for it. Indeed, prior emails have lead me to believe that TT intends to
`overwhelm the PTAB with submissions regardless of their propriety or evidentiary basis in order to create some
`kind of supposed due process argument.
`
`
`
`So I will get back to you after I talk to our team -- but to be clear, it is only the single range of bates-number
`pages we will consider. I expect to confer with our people before Mr. Bartleman's deposition and we can discuss
`it in person at that time -- which I believe is still weeks from your next substantive submission.
`
`David Healey
`Fish & Richardson
`One Houston Center, Suite 2800
`Houston, Texas 77010
`
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`TRADING TECH EXHIBIT 2397
`TRADESTATION ET AL. v. TRADING TECH
`CBM2015-00161
`
`

`
`healey@fr.com
`713-385-6566 mobile
`713-653-5400 office
`
`
`
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