`571-272-7822
`
`Paper 141
`Entered: October 15, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`IBG LLC, INTERACTIVE BROKERS LLC, TRADESTATION GROUP, INC.,
`TRADESTATION SECURITIES, INC., TRADESTATION TECHNOLOGIES,
`INC., and IBFX, INC.
`Petitioners,
`
`v.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`____________
`Case CBM2015-00161
`Patent No. 6,766,304
`____________
`
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and
`JEREMY M. PLENZLER, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`ORDER
`Expunging Confidential Information
`37 C.F.R. § 42.56
`
`
`
`
`
`
`CBM2015-00161
`Patent No. 6,766,304
`
`A Final Written Decision issued on February 17, 2017. Paper 129. On
`February 13, 2019, the Federal Circuit vacated1 the Final Written Decision, and the
`mandate issued on May 7, 2019. See Paper 140, 3. The Supreme Court denied a
`petition for writ of certiorari on October 7, 2019. Id.
`
`On October 10, 2019, Patent Owner filed an unopposed Motion to Expunge
`Papers 54, 63, 68, 89, and 94 and Exhibits 2169, 2172, 2224, 2225, 2232, 2247,
`2270, 2286, 2294, and 2295 from the record pursuant to 37 C.F.R. § 42.56. Paper
`140. Papers 54, 63, 68, 89, and 94 and Exhibits 2169, 2172, 2224, 2225, 2232,
`2247, 2270, 2286, 2294, and 2295 contain confidential information and are
`sealed. See Paper 130.
`Rule 42.56 provides “after final judgement in a trial, a party may file a
`motion to expunge confidential information from the record.” Paper 54 is a
`Motion for Additional Discovery, and a version of the Motion for Additional
`Discovery with the confidential information redacted appears in the public record
`as Paper 52. Papers 63 and 68 are the Patent Owner’s Response and Corrected
`Patent Owner’s Response, respectively, and versions with the confidential
`information redacted appear in the public record as Papers 64 and 69. Paper 89 is
`Patent Owner’s Motion for Supplemental Information, and Paper 94 is Patent
`Owner’s Reply in Support of Its Motion for Supplemental Information. Versions
`of Papers 89 and 94 with the confidential information redacted appear in the public
`record as Papers 90 and 95. The public record also contains redacted versions of
`Exhibit 2169, a Declaration of Christopher Thomas, and Exhibit 2172, a
`Declaration of Jay Knobloch. Our Final Written Decision did not rely upon the
`
`
`1 The Motion to Expunge mistakenly states that the Federal Circuit affirmed the
`Final Written Decision.
`
`2
`
`
`
`
`CBM2015-00161
`Patent No. 6,766,304
`redacted information from these Papers or Exhibits 2169 and 2172. It also does
`not rely upon Exhibits 2224, 2225, 2232, 2247, 2270 2286, 2294, and 2295.
`Under these circumstances, Patent Owner’s Motion to Expunge is granted.
`
`
`
`ORDER
`
`Accordingly, it is:
`
`ORDERED that Patent Owner’s Motion to Expunge (Paper 140) is
`granted; and
`FURTHER ORDERED that Papers 54, 63, 68, 89, and 94 and Exhibits
`2224, 2225, 2232, 2247, 2270, 2286, 2294, and 2295 shall be expunged from
`the record; and
`FURTHER ORDERED that the confidential versions of Exhibits 2169
`and 2172 shall be expunged from the record.
`
`
`
`3
`
`
`
`
`CBM2015-00161
`Patent No. 6,766,304
`
`For PETITIONER:
`Robert Sokohl
`STERNE KESSLER GOLDSTEIN & FOX PLLC
`rsokohl-ptab@sternekessler.com
`
`John Phillips
`Kevin Su
`FISH & RICHARDSON
`phillips@fr.com
`CBM41919-0005CP1@fr.com
`
`Michael Rosato
`Matthew Argenti
`WILSON SONSINI GOODRICH ROSATI
`mrosato@wsgr.com
`margenti@wsgr.com
`
`For PATENT OWNER:
`
`Leif Sigmund
`Michael Gannon
`Jennifer Kurcz
`BAKER & HOSTETELER LLP
`lsigmund@bakerlaw.com
`mgannon@bakerlaw.com
`jkurcz@bakerlaw.com
`
`Steve Borsand
`Jay Knobloch
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`Steve.borsand@tradingtechnologies.com
`Jay.knobloch@tradingtechnologies.com
`
`
`
`
`
`4
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