UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`TRADESTATION GROUP, INC. AND
`TRADESTATION SECURITIES, INC.
`Petitioner
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`v.
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`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`Patent Owner
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`Case CBM2015-00161
`Patent No. 6,766,304
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`PETITIONER’S
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10(c)
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`TRADESTATION GROUP, INC. AND
`TRADESTATION SECURITIES, INC.
`Petitioner
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`v.
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`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`Patent Owner
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`Case CBM2015-00161
`Patent No. 6,766,304
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`PETITIONER’S
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10(c)
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`TS 1001
`TS 1002
`TS 1003
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`TS 1004
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`TS 1005
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`TS 1006
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`TS 1007
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`TS 1008
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`TS 1009
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`TS 1010
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`TS 1011
`TS 1012
`TS 1013
`TS 1014
`TS 1015
`TS 1016
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`TS 1017
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`Proceeding No.: CBM2015-00161
`Attorney Docket: 41919-0005CP1
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`EXHIBITS
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`U.S. Patent No. 6,766,304
`File History, U.S. Patent No. 6,766,304
`TD Ameritrade Holding Corp. v. Trading Tech. Int’l, Inc., Case
`CBM2014-00136, Decision Denying Institution (Paper No.
`19), at pp. 7–12 (P.T.A.B. Dec. 2, 2014)
`Memorandum Opinion and Order, Dkt. #735, Trading Tech. Int
`'l, Inc. v. CQGT, LLC, et al., 05-cv-4811, U.S. District Court
`for the Northern District of Illinois, Eastern Division
`TD Ameritrade Holding Corp. v. Trading Tech. Int 'l, Inc.,
`Case CBM2014-00136, Petition (Paper No. 4) (P.T.A.B. May
`20, 2014)
`TD Ameritrade, Patent Owner’s Preliminary Response (Paper
`No. 18), at pp. 6-7 (P.T.A.B. Sept. 3, 2014)
`TD Ameritrade Holding Corp. v. Trading Tech. Int’l, Inc.,
`CBM2014-00131, Decision to Institute (Paper No. 19), at p. 15
`(P.T.A.B. Dec. 2, 2014)
`TD Ameritrade Holding Corp. v. Trading Tech. Int’l, Inc.,
`CBM2014-00133, Decision to Institute (Paper No. 19), at p. 14
`(P.T.A.B. Dec. 2, 2014)
`TD Ameritrade Holding Corp. v. Trading Tech. Int’l, Inc.,
`CBM2014-00137, Decision to Institute (Paper No. 19), at p. 14
`(P.T.A.B. Dec. 2, 2014)
`TD Ameritrade Holding Corp. v. Trading Tech. Int’l, Inc.,
`CBM2014-00135, Decision to Institute (Paper No. 19), at p. 14
`(P.T.A.B. Dec. 2, 2014)
`Kemp II, et al. US 6,772,132
`Statement of Reasons for Allowance in the ‘304 patent
`Declaration of Dr. John Phillips Mellor (“Mellor decl.”)
`Excerpts of Appendices for Mellor Declaration
`Lodewijk Petram, “The World’s First Stock Exchange”
`“Futures/ Option Purchasing System Trading Terminal
`Operation Guide”, Tokyo Stock Exchange Operation System
`Division
`Translation of “Futures/ Option Purchasing System Trading
`Terminal Operation Guide”, Tokyo Stock Exchange Operation
`System Division
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`ii
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`TS 1018
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`TS 1019
`TS 1020
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`TS 1021
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`Proceeding No.: CBM2015-00161
`Attorney Docket: 41919-0005CP1
`Certificate of Translation of “Futures/ Option Purchasing
`System Trading Terminal Operation Guide”, Tokyo Stock
`Exchange Operation System Division
`Gutterman, et al. US Patent No. 5,297,031
`Ellen Terrell, “History of the American and NASDAQ Stock
`Exchanges”, September, 2006 (Updated October, 2012)
`Declaration in support of Unopposed Motion for Pro Hac Vice
`Admission of Adam Kessel
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`iii
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`Proceeding No.: CBM2015-00161
`Attorney Docket: 41919-0005CP1
`Pursuant to 37 C.F.R. § 42.10(c), the Petitioner (“TradeStation Group, Inc.
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`and TradeStation Securities Inc.”) respectfully requests that the Board recognize
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`Adam J. Kessel as counsel pro hac vice in this proceeding. Petitioner seeks the
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`counsel of Adam J. Kessel due to his experience in representing Petitioner in other
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`patent-related matters and particularly due to his familiarity with the substantive
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`and technical issues involved in this proceeding. This motion is authorized by the
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`Notice of Filing Date Accorded to Petition and Time for Filing Patent Owner
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`Preliminary Response that was mailed on August 21, 2015.
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`Statement of Facts
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`Mr. Kessel is a patent litigation attorney with more than a decade of
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`experience representing clients in cases involving computer software. Mr. Kessel
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`regularly litigates cases before the United States Court of Appeals for the Federal
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`Circuit, various federal district courts, and the International Trade Commission.
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`Through his practice in such cases, Mr. Kessel has gained substantial experience in
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`jury trials, discovery, Markman hearings, and appeals. In addition to his legal
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`experience, Mr. Kessel had many years of software development experience prior
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`to entering the practice of law. Mr. Kessel also has a degree in chemistry from
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`Princeton University. TradeStation Group, Inc and TradeStation Securities, Inc.
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`provides Exhibit A, as evidence, Adam Kessel’s biography.
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`1
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`Proceeding No.: CBM2015-00161
`Attorney Docket: 41919-0005CP1
`Mr. Kessel also has particular experience and familiarity with the
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`substantive and technical issues involved in this Covered Business Method review
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`proceeding. Mr. Kessel has been involved in co-pending patent litigation brought
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`by Patent Owner against Petitioner since its inception in June 2010. Over the past
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`five years, Mr. Kessel has invested substantial time on Petitioner’s behalf on
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`motion practice, discovery, appeals, and analysis of the twelve patents-in-suit,
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`including the patent for which review is sought in the instant proceeding. Petitioner
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`has thus invested significant financial resources in this related matter in which Mr.
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`Kessel served as Petitioner’s counsel. Moreover, through his representation in the
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`related matter, Petitioner has developed a particular relationship with Mr. Kessel
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`such that Petitioner desires to continue the relationship with Mr. Kessel for the
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`purpose of this proceeding.
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`1. Affidavit of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by a Declaration
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`by Mr. Kessel as required by the Order Authorizing Motion for Pro Hac Vice
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`mailed August 21, 2015.
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`Accordingly, TradeStation Group, Inc. and TradeStation Securities, Inc.
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`submit that there is good cause under 37 C.F.R. § 42.10(c) for the Board to
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`recognize Mr. Kessel as counsel pro hac vice during this proceeding.
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`2
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`Proceeding No.: CBM2015-00161
`Attorney Docket: 41919-0005CP1
`Respectfully submitted,
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`/John C. Phillips/
`John C. Phillips
`Reg. No. 35,322
`Counsel for Petitioner
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`3
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`Date: September 29, 2015
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`Fish & Richardson P.C.
`Telephone: 858-678-4304
`Facsimile: 877-769-7945
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`Proceeding No.: CBM2015-00161
`Attorney Docket: 41919-0005CP1
`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4)(i) et seq. and 42.105(b), the undersigned
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`certifies that on September 29, 2015, a complete and entire copy of this Petitioner’s
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`Unopposed Motion for Pro Hac Vice Admission and all supporting exhibits were
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`sent, via electronic mail, to the Patent Owner by serving the correspondence
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`address of record as follows:
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`Erika H. Arner
`Joshua L. Goldberg
`Kevin D. Rodkey
`Rachel L. Emsley
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`2 Seaport Lane, 6th Floor
`Boston, MA 02210-2001
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`Steven F. Borsand
`Trading Technologies International, Inc.
`222 South Riverside Plaza, Suite 1100
`Chicago, IL 60606
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`Email: erika.arner@finnegan.com
`joshua.goldberg@finnegan.com
`kevin.rodkey@finnegan.com
`rachel.emsley@finnegan.com
`tt-patent-cbm@tradingtechnologies.com
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`/Jessica K. Detko/
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`Jessica K. Detko
`Fish & Richardson P.C.
`60 South Sixth Street,
`Suite 3200
`Minneapolis, MN 55402
`(612) 337-2516
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`4
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