`571-272-7822
`
`
`
`
`Paper 11
`Entered: September 14, 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, MEREDITH C. PETRAVICK, and PHILIP J.
`HOFFMANN, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`On September 10, 2015, a conference call was held between counsel
`for the parties and Judges Medley, Petravick, and Hoffmann. Patent Owner
`initiated the call to request authorization to file a motion for additional
`discovery. Patent Owner seeks additional discovery of documents related to
`
`
`
`CBM2015-00161
`Patent 6,766,304 B2
`
`whether CQG, Petitioner in related CBM2015-00057, is an unnamed real
`party-in-interest. Petitioner opposed the request.
`
`Patent Owner arranged to have the call transcribed, and the transcript
`is Exhibit 2010.
`After consideration of the information presented during the call, we
`authorized Patent Owner to file a motion for additional discovery, limited to
`no more than 15 pages, by September 16, 2015. The motion should state
`precisely the discovery sought and address the factors for granting a motion
`for additional discovery set forth in Garmin Int’l, Inc. v. Cuozzo Speed
`Techs. LLC, Case No. IPR2012-00001, Paper 26, 6–7 (PTAB, Mar. 5,
`2013)(informative). Although articulated for inter partes reviews, the
`Garmin factors apply also to covered business method patent reviews,
`modified to reflect the slightly lower good cause standard applied in covered
`business method patent reviews. See 37 C.F.R. § 42.224; see Bloomberg
`Inc. v. Markets-Alert Pty Ltd., CBM2013-00005, Paper 32, 2–5 (PTAB, May
`29, 2013). Petitioner is authorized to file an opposition to the motion,
`limited to no more than 15 pages, by September 21, 2015. No reply is
`authorized.
`
`Accordingly, it is:
`ORDERED that Patent Owner is authorized to file a motion for
`additional discovery under 37 C.F.R. § 42.5(b)(2) by September 16, 2015,
`limited to 15 pages; Petitioner is authorized to file an opposition by
`September 21, 2015, also limited to 15 pages; and no reply is authorized.
`
`
`
`
`
`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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