Paper No. _____
`Filed: October 10, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TRADESTATION GROUP, INC.,
`TRADESTATION SECURITIES, INC., IBG LLC, and
`INTERACTIVE BROKERS LLC,
`Petitioners,
`v.
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`
`Case CBM2015-001611
`U.S. Patent 6,766,304
`
`PATENT OWNER’S MOTION TO EXPUNGE
`
`1 Case CBM2016-00035 has been joined with this proceeding.
`
`1
`
`
`Filed: October 10, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TRADESTATION GROUP, INC.,
`TRADESTATION SECURITIES, INC., IBG LLC, and
`INTERACTIVE BROKERS LLC,
`Petitioners,
`v.
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`
`Case CBM2015-001611
`U.S. Patent 6,766,304
`
`PATENT OWNER’S MOTION TO EXPUNGE
`
`1 Case CBM2016-00035 has been joined with this proceeding.
`
`1
`
`
`
`Case CBM2015-00161
`U.S. Patent 6,766,304
`
`I.
`
`Statement of Relief Requested
`Pursuant to this Board’s authorization on October 10, 2019, Trading
`
`Technologies International, Inc. (“TT” or “Patent Owner”), respectfully requests
`
`that all confidential information filed by Patent Owner be expunged from the
`
`record pursuant to Rule 42.56 and not be made public. Patent Owner has conferred
`
`with Petitioner on this request and Petitioner does not oppose.
`
`II.
`
`Reasons Why Requested Relief Should Be Granted
`A. The Board Found Good Cause to Seal Patent Owner’s Confidential
`Information
`In connection with its Patent Owner’s Response, TT filed four Motions to
`
`Seal. (Papers 53, 62, 91 and 93). These motions covered certain pleadings,
`
`declarations and exhibits containing or referring to Patent Owner’s confidential
`
`business information. (Papers 54, 63, 68, 89, and 94; Exhibits 2169, 2172, 2224,
`
`2225, 2232, 2247, 2270, 2286, 2294, and 2295).
`
`All four Motions to Seal were granted (Paper 130). Such information should
`
`be expunged because this Board has already found that there was good cause to
`
`grant the motions to seal in the first instance. (Paper 130, at 3). Specifically, TT
`
`identified that the sealed papers contain sensitive business information that would
`
`not otherwise be published or made available to the public. As this information
`
`was not relied on in the Final Written Decision here, expunging the confidential
`
`material does not impact the public interest in obtaining access to these
`
`2
`
`
`
`Case CBM2015-00161
`U.S. Patent 6,766,304
`proceedings. Further, any impact to the public interest has been minimized as non-
`
`confidential versions of the papers have already been filed. (Id.).
`
`On February 13, 2019, the Federal Circuit affirmed the Final Written
`
`Decision of the Board in this case, and the formal mandate issued on May 7, 2019.
`
`On July 24, 2019, Petitioner IB filed a petition for writ of certiorari, which the
`
`Supreme Court denied on October 7, 2019. Because the appeals in this case have
`
`been concluded, this motion to expunge is now ripe for decision.
`
`B. The Sealed Documents Contain Confidential and Sensitive Business
`Information that was not Relied on by the Board in the Final Written
`Decision
`For the same reasons set forth in Patent Owner’s Motions to Seal, namely
`
`that the sealed information “contain[s] sensitive business information that would
`
`not otherwise be published or made available to the public,” all the information
`
`filed under seal in this matter should be expunged from the record. Expunging the
`
`sealed information will avoid the prejudice to the parties that would be caused by
`
`public disclosure of their sealed information. The information Patent Owner seeks
`
`to have expunged after the disposition of appeals is as follows: Papers 54, 63, 68,
`
`89, and 94, and Exhibits 2169, 2172, 2224, 2225, 2232, 2247, 2270, 2286, 2294,
`
`and 2295.
`
`Because Patent Owner has already filed redacted versions of the sealed
`
`documents, expunging confidential materials after appeal addresses the “public
`
`
`
`3
`
`
`
`Case CBM2015-00161
`U.S. Patent 6,766,304
`interest in maintaining a complete and understandable file history for public notice
`
`purposes” while protecting the confidential and proprietary information of other
`
`parties. (See 77 FED. REG. 48623). A short summary of these materials follows.
`
`First, Patent Owner’s Motion for Additional Discovery (Paper 54) was not
`
`cited in the Board’s Final Written Decision and contains (1) confidential
`
`information consisting of internal TradeStation documents relating to its products
`
`and customers, (2) the deposition transcripts of Mr. Bartleman (TradeStation’s
`
`President) and Mr. Galik (IB’s head of software development) and (3) quotations
`
`from those documents and transcripts. This information has not been published or
`
`otherwise made public. The redacted information is not specifically referenced in
`
`the Board’s final decision.
`
`Second, the redacted versions of Confidential Patent Owner’s Response
`
`(Paper 63) and Confidential Corrected Patent Owner’s Response (Paper 68) were
`
`cited in the Board’s Final Written Decision and contain declarations and exhibits
`
`that contain highly sensitive, non-public information that a business would not
`
`make public. Specifically, the redacted portions of Patent Owner’s Response
`
`(Paper 64) and Corrected Patent Owner’s Response (Paper 69) contain business
`
`sensitive statements in the context of licensing Patent Owner’s products, and
`
`business strategy information. The redacted information is not specifically
`
`referenced in the Board’s final decision.
`
`
`
`4
`
`
`
`Case CBM2015-00161
`U.S. Patent 6,766,304
`Third, the redacted versions of Patent Owner’s Motion to Submit
`
`Supplemental Information and Briefing Under 37 C.F.R. § 42.223(b) (Paper 90)
`
`and Patent Owner’s Reply in Support of its Motion to Submit Supplemental
`
`Information and Briefing Under 37 C.F.R. § 42.223(b) (Paper 95) contain
`
`confidential information consisting of discussions relating to Petitioners’
`
`confidential information. Petitioners indicated that this information has not been
`
`published or otherwise made public. The redacted information is not specifically
`
`referenced in the Board’s final decision.
`
`Fourth, the confidential information in Exhibits 2169, 2172, 2224, 2225,
`
`2232, 2247, 2270, 2286, 2294, and 2295 were not cited or relied upon in the
`
`Board’s Final Written Decision. (Paper 130, at 2). These exhibits contain highly
`
`sensitive and proprietary Patent Owner information, including internal financial
`
`information, third-party business strategy information, and third-party admissions
`
`and statements.
`
`III. Conclusion
`Patent Owner respectfully requests that, because all appeals have been
`
`exhausted in this matter, the sealed materials be expunged from the CBM docket.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`5
`
`
`
`Dated: October 10, 2019
`
`Case CBM2015-00161
`U.S. Patent 6,766,304
`Respectfully submitted,
`
`By: /Jennifer M. Kurcz/
`
`Jennifer M. Kurcz
`Back-Up Counsel, Reg. No. 54,481
`BAKER & HOSTETLER LLP
`One North Wacker Drive
`Suite 4500
`Chicago, IL 60606
`312-416-6282
`jkurcz@bakerlaw.com
`
`Counsel for Patent Owner
`Trading Technologies International, Inc.
`
`
`
`
`
`
`6
`
`
`
`Case CBM2015-00161
`U.S. Patent 6,766,304
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that on October 10, 2019, a copy of
`
`the foregoing PATENT OWNER’S MOTION TO EXPUNGE was served via e-
`
`mail on the following:
`
`Robert E. Sokohl
`rsokohl@skgf.com
`
`John C. Phillips
`phillips@fr.com
`
`Kevin Su
`CBM41919-0005CP1@fr.com
`
`Michael T. Rosato
`mrosato@wsgr.com
`
`Matthew A. Argenti
`margenti@wsgr.com
`
`/Jennifer M. Kurcz/
`Jennifer M. Kurcz
`Back-Up Counsel, Reg. No. 54,481
`BAKER & HOSTETLER LLP
`One North Wacker Drive
`Suite 4500
`Chicago, IL 60606
`312-416-6282
`jkurcz@bakerlaw.com
`Counsel for Patent Owner
`Trading Technologies International,
`Inc.
`
`
`
`7
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
