UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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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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`____________
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`Case CBM2015-00172
`Patent No. 7,783,556 B1
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`___________
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`PETITIONER’S OBJECTIONS TO ADMISSIBILITY OF EVIDENCE
`SERVED ON NOVEMBER 21, 2015
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`
`Case CBM2015-00172
`Attorney Docket No. 41919-0002CP1
`Pursuant to 37 C.F.R. § 42.64(b), Petitioner objects as follows to the
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`admissibility of the evidence served by Patent Owner on November 21, 2015:
`
`Evidence
`Trading Tech Int’l v
`CQG, Inc. and CQGT,
`LLC, Case No. 05-cv-
`4811 (N.D. Ill.), Dkt.
`1073, Memorandum
`Opinion and Order
`denying Motion for
`Summary Judgment (35
`U.S.C. § 101) (Feb. 24,
`2015) (Exhibit 2001)
`Trading Tech Int’l v
`BGC Partners, Inc.,
`Case No. 10-C- 715
`(N.D. Ill.), Dkt. 609,
`Response of Certain
`Defendants to Trading
`Technologies’
`“Emergency” Motion
`(July 15, 2015)
`(Exhibit 2004)
`Trading Tech Int’l v
`BGC Partners, Inc.,
`Case No. 10-C- 715
`(N.D.Ill.), Dkt. 613,
`Supplemental Response
`of Certain Defendants
`to TT’s Emergency
`Motion (July 20, 2015)
`(Exhibit 2005)
`Trading Tech Int’l v
`BGC Partners, Inc.,
`Case No. 10-C- 715
`(N.D.Ill.), Dkt. 176,
`Defendants’ Case
`
`Objections
`FRE 402 (Relevance): To the extent that the district
`court opinion is relied upon as a basis for determining
`whether the instituted claims are directed to patent
`eligible subject matter, the opinion is not relevant to
`proceedings in front of the PTAB as the decision is not
`binding on the PTAB, the Petitioner was not a party to
`the CQG litigation, and the PTAB applies a different
`standard than the district court when construing the
`claims.
`
`FRE 402 (Relevance): To the extent that Patent
`Owner relies on this document to argue that Petitioner
`is abusing the CBM Review process, the document is
`irrelevant as it has no bearing on whether the patent
`under review is valid.
`
`FRE 402 (Relevance): To the extent that Patent
`Owner relies on this document to argue that Petitioner
`is abusing the CBM Review process, the document is
`irrelevant as it has no bearing on whether the patent
`under review is valid.
`
`FRE 402 (Relevance): To the extent that Patent
`Owner relies on this document to argue that Petitioner
`is abusing the CBM Review process, the document is
`irrelevant as it has no bearing on whether the patent
`under review is valid.
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`1
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`

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`Management Statement
`for May 5, 2011 Status
`Hearing (May 30, 2011)
`(Exhibit 2006)
`Decision in OEC and
`How this Case Should
`Proceed (Feb. 20, 2014)
`(Exhibit 2007)
`
`Transcript of
`Teleconference Call
`with the Board, dated
`September 10, 2015
`(Exhibit 2008)
`Trading Tech Int’l v
`BGC Partners, Inc.,
`Case No. 10-C- 715
`(N.D. Ill.), Dkt. 546,
`Memorandum in
`Support of the TD
`Ameritrade Defendants’
`Motion to Stay
`Proceedings Pursuant to
`Section 18(b) of the
`America Invents Act
`(May 22, 2014)
`(Exhibit 2009)
`Trading Tech Int’l v
`BGC Partners, Inc.,
`Case No. 10-C- 715
`(N.D. Ill.), Dkt. 558,
`TradeStation
`Defendants’ Joinder In
`and Motion for Stay
`(June 11, 2014)
`(Exhibit 2010)
`Trading Technologies
`International, Inc. v.
`BCG Partners, Inc.,
`Case No. 1:10-CV-
`
`Case CBM2015-00172
`Attorney Docket No. 41919-0002CP1
`
`FRE 402 (Relevance): To the extent that Patent
`Owner relies on this document to argue that Petitioner
`is abusing the CBM Review process, the document is
`irrelevant as it has no bearing on whether the patent
`under review is valid.
`FRE 402 (Relevance): To the extent that Patent
`Owner relies on this document to argue that Petitioner
`is abusing the CBM Review process, the document is
`irrelevant as it has no bearing on whether the patent
`under review is valid.
`FRE 402 (Relevance): To the extent that Patent
`Owner relies on this document to argue that Petitioner
`is abusing the CBM Review process, the document is
`irrelevant as it has no bearing on whether the patent
`under review is valid.
`
`FRE 402 (Relevance): To the extent that Patent
`Owner relies on this document to argue that Petitioner
`is abusing the CBM Review process, the document is
`irrelevant as it has no bearing on whether the patent
`under review is valid.
`
`FRE 402 (Relevance): To the extent that Patent
`Owner relies on this document to argue that Petitioner
`is abusing the CBM Review process, the document is
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`2
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`Case CBM2015-00172
`Attorney Docket No. 41919-0002CP1
`irrelevant as it has no bearing on whether the patent
`under review is valid.
`
`FRE 402 (Relevance): To the extent that Patent
`Owner relies on this document to argue that Petitioner
`is abusing the CBM Review process, the document is
`irrelevant as it has no bearing on whether the patent
`under review is valid.
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`Respectfully submitted,
`
` By: /John C. Phillips/
`
`John C. Phillips, Reg. No. 35,322
`
`Fish & Richardson, P.C.
`
`Attorney for Petitioners
`
`3
`
`00715 (N.D. Ill.),
`Docket No. 562, Reply
`Memorandum in
`Support of the IBG
`Defendants’ Motion to
`Stay Proceedings
`Pursuant to Section
`18(b) of the America
`Invents Act (Jun. 18,
`2014) (Exhibit 2016)
`Transcript of
`Teleconference Call
`with the Board, dated
`November 23, 2015
`(Exhibit 2027)
`
`
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`Dated: February 29, 2016
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`Case CBM2015-00172
`Attorney Docket No. 41919-0002CP1
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR §§ 42.6(e)(4) and 42.205(b), the undersigned certifies
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`that on February 29, 2016, a complete and entire copy of this Petitioner’s
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`Objections to Admissibility of Evidence was provided via email to the Patent
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`Owner by serving the correspondence address of record as follows:
`
`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
`
`Steven F. Borsand
`Trading Technologies International, Inc.
`222 South Riverside Plaza, Suite 1100
`Chicago, IL 60606
`
`Email: Trading-Tech-CBM@finnegan.com
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`
`/Diana Bradley/
`
`Diana Bradley
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(858) 678-5667