`571-272-7822
`
`
`
`
`Paper 8
`Entered: August 24, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TRADESTATION GROUP, INC. and
`TRADESTATION SECURITIES, INC.,
`Petitioner,
`
`v.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`
`Case CBM2015-00161
`Patent No. 6,766,304 B2
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY and MEREDITH C. PETRAVICK,
`Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`On August 20, 2015, a conference call was held between counsel for
`the parties and Judges Medley and Petravick. Petitioner initiated the call.
`According to Petitioner, on August 11, 2015, Patent Owner filed its
`Mandatory Notices in the Patent Review Processing System (“PRPS”) and
`served on Petitioner, but did not file in PRPS, a paper in response to filing of
`
`
`
`CBM2015-00161
`Patent 6,766,304 B2
`
`the Petition seeking to prevent institution in this proceeding. Petitioner
`submits that this paper is the Patent Owner’s Preliminary Response and
`should be treated as such by the Board. Petitioner requested authorization to
`file a motion for sanctions seeking to treat the paper as the Patent Owner’s
`Preliminary Response or, in the alternative, to preclude the filing of a Patent
`Owner’s Preliminary Response.
`
`During the call, Patent Owner stated that the letter was not the Patent
`Owner’s Preliminary Response, but a letter addressed to the Under Secretary
`of Commerce for Intellectual Property and Director of the United States
`Patent and Trademark Office from Trading Technologies International, Inc.
`The Board ordered the Patent Owner to file updated mandatory notices to
`include reference to the letter and to file the letter as an exhibit no later than
`Friday, August 21, 2015.
`
`Upon consideration of the information presented during the call and
`review of the content of the letter (Ex. 2001–2009), Petitioner’s request for
`authorization to file a motion for sanctions is denied. The parties are
`reminded of their duty, pursuant to 37 C.F.R. § 42.8(b)(2), to “identify any
`other judicial or administrative matter that would affect, or be affected by, a
`decision in the proceeding” and to update the Board as to any changes (37
`C.F.R. § 42.8(a)(3)).
`
`Accordingly, it is:
`ORDERED that Petitioner’s request for authorization to file a motion
`for sanctions is denied.
`
`
`
`
`
`2
`
`
`
`CBM2015-00161
`Patent 6,766,304 B2
`
`PETITIONER:
`John c. Phillips
`Kevin Su
`FISH & RICHARDSON, P.C.
`phillips@fr.com
`CBM41919-005CP1@fr.com
`
`PATENT OWNER:
`Erika H. Arner
`Joshua L. Goldberg
`Kevin D. Rodkey
`Rachel L. Emsley
`FINNEGAN, HENDERSON, FARABOW,
` GARRET & DUNNER, LLP
`
`erika.arner@finnegan.com
`joshua.goldberg@finnegan.com
`kevin.rodkey@finnegan.com
`rachel.emsley@finnegan.com
`
`
`
`Steven F. Borsand
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`tt-patent-cbm@tradingtechnologies.com
`
`3
`
`
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