`Tel: 571-272-7822
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`Paper 19
`Entered: February 12, 2016
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`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.
`_______________
`
`CBM2015-00172
`Patent 7,783,556 B1
`_______________
`
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and
`JEREMY M. PLENZLER, Administrative Patent Judges.
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`PETRAVICK, Administrative Patent Judge.
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`SCHEDULING ORDER
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`CBM2015-00172
`Patent 7,783,556 B1
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`A.
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`INITIAL CONFERENCE CALL
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`No initial conference call is scheduled for this case. The parties are
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`encouraged to contact the Board to request a call if any issues arise during
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`trial. The parties are directed to the following matters:
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`1. Motion to Amend
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`Patent Owner is reminded that it must confer with the Board before
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`filing a Motion to Amend. 37 C.F.R. § 42.221(a). Patent Owner should
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`contact the Board to request a conference in sufficient time to ensure that the
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`conference is conducted at least two weeks before DUE DATE 1. Patent
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`Owner and Petitioner are directed to the rules governing Motions to Amend,
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`with particular regard to applicable page limits. 37 C.F.R. §§ 42.24(a)(1),
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`42.24(b)(3), 42.24(c)(3), 42.221(b).
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`2.
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`Confidential Information
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`The parties must file confidential information using the appropriate
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`availability indicator in PRPS (e.g., “Board and Parties Only”), regardless of
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`whose confidential information it is. It is the responsibility of the party
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`whose confidential information is at issue, not necessarily the proffering
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`party, to file the motion to seal.
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`A protective order does not take effect until a protective order is filed
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`in the case and approved by the Board. If a motion to seal is filed by either
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`party, the proposed protective order should be presented as an exhibit to the
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`motion. The parties are urged to operate under the Board’s default
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`protective order. See Default Protective Order, Office Patent Trial Practice
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`Guide, 77 Fed. Reg. 48,756, App. B (Aug. 14, 2012). If the parties propose
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`a protective order deviating from the default protective order, they should
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`submit the proposed order jointly. A marked-up comparison of the proposed
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`CBM2015-00172
`Patent 7,783,556 B1
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`and default protective orders should be presented as an additional exhibit to
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`the motion to seal, so that differences are highlighted. The parties should
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`contact the Board if they cannot agree on the terms of the proposed
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`protective order.
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`a.
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`Redactions
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`Redactions should be limited strictly to isolated passages consisting of
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`confidential information. The thrust of the underlying argument or evidence
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`must be discernable from the redacted version.
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`b.
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`Confidential Information in Final Written Decision
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`Information subject to a protective order will become public if
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`identified in a final written decision in this proceeding. A motion to
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`expunge the information will not necessarily prevail over the public interest
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`in maintaining a complete and understandable file history. See Office Patent
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`Trial Practices Guide, 77 Fed. Reg. at 48, 761.
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`B. DUE DATES
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`This order sets due dates for the parties to take action after institution
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`of the proceeding. The parties may stipulate to different dates for DUE
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`DATES 1 through 5 (earlier or later, but no later than DUE DATE 6). A
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`notice of the stipulation, specifically identifying the changed due dates, must
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`be promptly filed. The parties may not stipulate to an extension of DUE
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`DATES 6 and 7.
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`In stipulating to different times, the parties should consider the effect
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`of the stipulation on times to object to evidence (37 C.F.R. § 42.64(b)(1)), to
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`supplement evidence (37 C.F.R. § 42.64(b)(2)), to conduct cross-
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`examination (37 C.F.R. § 42.53(d)(2)), and to draft papers depending on the
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`evidence and cross-examination testimony (see section B, below).
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`Patent 7,783,556 B1
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`The parties are reminded that the Testimony Guidelines appended to
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`the Office Trial Practice Guide, 77 Fed.Reg. at 48,772 (Appendix D), apply
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`to this proceeding. The Board may impose an appropriate sanction for
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`failure to adhere to the Testimony Guidelines. 37 C.F.R. § 42.12. For
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`example, reasonable expenses and attorneys’ fees incurred by any party may
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`be levied on a person who impedes, delays, or frustrates the fair examination
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`of a witness.
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`1.
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`DUE DATE 1
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`The patent owner may file—
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`a. A response to the petition (37 C.F.R. § 42.220), and
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`b. A motion to amend the patent (37 C.F.R. § 42.221).
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`The patent owner must file any such response or motion to amend by
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`DUE DATE 1. If the patent owner elects not to file anything, the patent
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`owner must arrange a conference call with the parties and the Board. The
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`patent owner is cautioned that any arguments for patentability not raised in
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`the response will be deemed waived.
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`2.
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`DUE DATE 2
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`The petitioner must file any reply to the patent owner’s response and
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`opposition to the motion to amend by DUE DATE 2.
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`3.
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`DUE DATE 3
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`The patent owner must file any reply to the petitioner’s opposition to
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`patent owner’s motion to amend by DUE DATE 3.
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`4.
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`DUE DATE 4
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`a. Each party must file any motion for an observation on the cross-
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`examination testimony of a witness (see section C, below) by DUE DATE 4.
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`CBM2015-00172
`Patent 7,783,556 B1
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`b. Each party must file any motion to exclude evidence (37 C.F.R
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`§ 42.64(c)) and any request for oral argument (37 C.F.R. § 42.70(a)) by
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`DUE DATE 4.
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`5.
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`DUE DATE 5
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`a. Each party must file any reply to an observation on cross-
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`examination testimony by DUE DATE 5.
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`b. Each party must file any opposition to a motion to exclude evidence
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`by DUE DATE 5.
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`6.
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`DUE DATE 6
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`Each party must file any reply for a motion to exclude evidence by
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`DUE DATE 6.
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`7.
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`DUE DATE 7
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`The oral argument (if requested by either party) is set for DUE
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`DATE 7.
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`C.
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`CROSS-EXAMINATION
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`Except as the parties might otherwise agree, for each due date—
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`1. Cross-examination begins after any supplemental evidence is due.
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`37 C.F.R. §§ 42.53(d)(2).
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`2. Cross-examination ends no later than a week before the filing date
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`for any paper in which the cross-examination testimony is expected to be
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`used. Id.
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`D. MOTION FOR OBSERVATION ON CROSS-EXAMINATION
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`A motion for observation on cross-examination provides the parties
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`with a mechanism to draw the Board’s attention to relevant cross-
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`examination testimony of a witness, since no further substantive paper is
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`permitted after the reply. See Office Trial Practice Guide, 77 Fed. Reg. at
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`CBM2015-00172
`Patent 7,783,556 B1
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`48,768. The observation must be a concise statement of the relevance of
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`precisely identified testimony to a precisely identified argument or portion
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`of an exhibit. Each observation should not exceed a single, short paragraph.
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`The parties may respond to the observation. Any response must be equally
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`concise and specific.
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`Patent 7,783,556 B1
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`DUE DATE APPENDIX
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`DUE DATE 1……………….………………………….……May 6, 2016
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`Patent owner’s response to the petition
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`Patent owner’s motion to amend the patent
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`DUE DATE 2………………………………………….……....July 29, 2016
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`Petitioner’s reply to patent owner response to petition
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`Petitioner’s opposition to motion to amend
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`DUE DATE 3…….………………………………………..August 26, 2016
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`Patent owner’s reply to petitioner opposition to motion to amend
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`DUE DATE 4……………………………...…………….September 16, 2016
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`Motion for observation regarding cross-examination of a witness
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`Motion to exclude evidence
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`Request for oral argument
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`DUE DATE 5…….……..…………………..……..…….September 30, 2016
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`Response to observation
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`Opposition to motion to exclude
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`DUE DATE 6…….……………………………..………October 7, 2016
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`Reply to opposition to motion to exclude
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`DUE DATE 7….……………..……………………………October 19, 2016
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`Oral argument (if requested)
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`CBM2015-00172
`Patent 7,783,556 B1
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`PETITIONER:
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`John C. Phillips
`Kevin Su
`FISH & RICHARDSON P.C.
`phillips@fr.com
`CBM41919-0005CP1@fr.com
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`
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`PATENT OWNER:
`
`Erika H. Arner
`Joshua L. Goldberg
`Kevin D. Rodkey
`Rachel L. Emsley
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`erika.arner@finnegan.com
`joshua.goldberg@finnegan.com
`kevin.rodkey@finnegan.com
`rachel.emsley@finnegan.com
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`
`Steven F. Borsand
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`tt-patent-cbm@tradingtechnologies.com
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