`To:
`Cc:
`
`Subject:
`Date:
`
`Rodkey, Kevin
`phillips@fr.com; CBM41919-0005CP1@fr.com
`Arner, Erika; Goldberg, Joshua; Emsley, Rachel; Rodkey, Kevin; tt-patent-cbm@tradingtechnologies.com;
`Trading-Tech-CBM
`Tradestation v. Trading Technologies, CBM2015-00161
`Tuesday, September 01, 2015 5:58:39 PM
`
`Counsel,
`
`Pursuant to Rule 42.51(b)(1)(iii), at the time Tradestation filed its petition, it was obligated to serve
`on Trading Technologies (“TT”) evidence related to Tradestation’s assertion that it is not estopped
`from filing a petition in this matter. Under this obligation, Tradestation should have served on TT all
`communications between Tradestation and CQG related to the filing a petition against TT’s patent
`and any court documents that discuss coordination by Tradestation or CQG in filing a petition
`against any of TT’s patents. Accordingly, please confirm that Tradestation will serve, no later than
`September 7, 2015, on TT:
`
`A. All communications and agreements between Tradestation and CQG relating to the filing or
`preparation of any post-grant proceedings (filed or anticipated) of any TT patent, or other
`documents referencing such communications and agreements between Tradestation and CQG; and
`
`B. All court documents, including briefs and hearing transcripts, discussing CQG or Tradestation
`and any post-grant proceeding (filed or anticipated) of any TT patent.
`
`To the extent Tradestation refuses to serve such documents on TT, TT will request a call with the
`Board to seek authorization file a motion for additional discovery.
`
`With best regards,
`Kevin
`
`Kevin Rodkey
`Associate
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`3500 SunTrust Plaza | 303 Peachtree Street, NE
`Atlanta, GA 30308-3263
`404.653.6484 | fax 404.653.6444 | kevin.rodkey@finnegan.com | www.finnegan.com
`
`
`Page 1 of 1
`
`TRADING TECH EXHIBIT 2012
`TRADESTATION v TRADING TECH
`CBM2015-00161
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