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`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.,
`TRADESTATION SECURITIES, INC., IBG LLC, and INTERACTIVE
`BROKERS LLC,
`Petitioners,
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`v.
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`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
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`____________
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`Case CBM2015-001721
`Patent No. 7,783,556 B1
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`___________
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`PETITIONERS’ OBJECTIONS TO EVIDENCE
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`1 Case CBM2016-00040 has been joined with this proceeding.
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`
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`Case CBM2015-00172
`Attorney Docket No. 41919-0002CP1
`TradeStation Group, Inc., TradeStation Securities, Inc., IBG LLC, and
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`Interactive Brokers LLC (collectively, “Petitioners”) object under 37 C.F.R. §
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`42.64 to the admissibility of the following evidence Trading Technologies
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`International, Inc. (“TT” or “Patent Owner”) filed and served on Sunday, June 26,
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`2016:
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`TT Exhibit No. Description
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`2121
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`U.S. Patent Classification System – Classification Definitions
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`– Class 705
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`2124
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`Class 345, Computer Graphics Processing and Selective
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`Visual Display Systems, (January 2011): 1-8
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`2125
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`July 2015 Update Appendix 1: Examples, USPTO
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`Examination Guidelines
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`2133
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`McGraw-Hill “Dictionary of Scientific and Technical Terms,”
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`Fifth Edition (1994): Definition of “Recording”
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`2168
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`2174
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`Declaration of Eric Gould-Bear
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`Declaration of Dan R. Olsen, Jr.
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`Petitioners ask the Patent Trial and Appeal Board to deny the admission and
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`consideration of the following documents on the following basis:
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`1
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`Case CBM2015-00172
`Attorney Docket No. 41919-0002CP1
`FRE ARTICLE IV – RELEVANCE AND ITS LIMITS
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`I.
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`Petitioners object to Exhibit Nos. 2121, 2124, 2125, 2133, 2168, and 2174 as
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`irrelevant under FRE 401 and thus inadmissible under FRE 402, or as confusing or
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`a waste of time under FRE 403, because cited portions are not relevant to any issue
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`remaining in this proceeding, such as patentability of the claimed subject matter.
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`II.
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`FRE ARTICLE VIII – HEARSAY
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`To the extent Patent Owner relies on the contents of Exhibit Nos. 2121,
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`2124, and 2133 for the truth of the matter asserted, Petitioners object to such
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`contents as inadmissible hearsay under FRE 801 and 802 that does not fall under
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`any exceptions, including those of FRE 803, 804, 805 or 807.
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`III.
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`FRE ARTICLE IX – AUTHENTICATION AND IDENTIFICATION
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`Petitioners object to Exhibit Nos. 2121, 2124, and 2133 as not properly
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`authenticated under FRE 901 because Patent Owner has not presented any
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`evidence that these documents are authentic nor that the documents are self-
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`authenticating under FRE 902.
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`IV. FRE ARTICLE X – CONTENTS OF WRITINGS, RECORDINGS,
`AND PHOTOGRAPHS
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`To the extent Patent Owner relies on the contents of Exhibit No. 2125 to
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`prove the content of the original document, Petitioners object to this document as
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`not being the original document under FRE 1002, an authentic duplicate under
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`2
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`Case CBM2015-00172
`Attorney Docket No. 41919-0002CP1
`FRE 1003, nor a document that falls under any exceptions to the original-document
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`requirement, including those of FRE 1004.
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`These objections are made within five business days from the June 26, 2016,
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`filing and service of TT’s exhibits.
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`Dated: July 1, 2016
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`Respectfully submitted,
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` By: /John C. Phillips/
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`John C. Phillips, Reg. No. 35,322
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`Fish & Richardson, P.C.
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`
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`Attorney for Petitioners
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`3
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`Case CBM2015-00172
`Attorney Docket No. 41919-0002CP1
`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4) and 42.205(b), the undersigned certifies
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`that on July 1, 2016, a complete and entire copy of this Petitioners’ Objections to
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`Evidence was provided via email to the Patent Owner by serving the
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`correspondence 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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`Michael D. Gannon
`Leif R. Sigmond, Jr.
`McDonnell Boehnen Hulbert & Berghoff LLP
`300 South Wacker Drive
`Chicago, Illinois 60606
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`Email: Trading-Tech-CBM@finnegan.com
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`/Diana Bradley/
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`Diana Bradley
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(858) 678-5667
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`
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