`U.S. Patent 7,783,556
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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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`IBG LLC;
`INTERACTIVE BROKERS LLC;
`TRADESTATION GROUP, INC.;
`TRADESTATION SECURITIES, INC.;
`TRADESTATION TECHNOLOGIES, INC.; and
`IBFX, INC.
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`Petitioners
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`v.
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` TRADING TECHNOLOGIES INTERNATIONAL, INC.
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`Patent Owner
`_________________
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`Case CBM2015-00172
`U.S. Patent 7,783,556
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`PATENT OWNER’S NOTICE OF APPEAL
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`via PTAB E2E
`Patent Trial and Appeal Board
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`via Priority Mail Express
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
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`via CM/ECF
`United States Court of Appeals for the Federal Circuit
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`CBM2015-00172
`U.S. Patent 7,783,556
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`Pursuant to 35 U.S.C. §§ 141 and 142, and 37 C.F.R. §§ 90.2 and 90.3,
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`Patent Owner, Trading Technologies International, Inc. (TT), hereby provides
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`notice that it appeals to the United States Court of Appeals for the Federal Circuit
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`from the Final Written Decision (Paper 86) entered on March 31, 2017, from the
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`Decision Denying Patent Owner’s Request for Rehearing (Paper 91) entered May
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`17, 2017, and from all underlying orders, decisions, rulings, institutions, and
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`opinions regarding U.S. Patent 7,783,556 (“the ’556 patent”) at issue in Covered
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`Business Method No. CBM2015-00172. This notice of appeal is timely filed
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`because it is filed within 63 days of the May 17, 2017 Decision (Paper 91)
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`Denying Patent Owner’s Request For Rehearing.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), the issues on cross-appeal
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`include, but may not be limited to:
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`(1) the Board’s determination that it had jurisdiction to issue the Final
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`Written Decision because the ‘556 patent is a covered business method patent
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`under § 18 of the American Invents Act;
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`(2) the Board’s determination that claims 1-22 are ineligible under 35 U.S.C.
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`§ 101;
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`(3) the Board’s claim constructions, failure to construe terms, and/or failure
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`to determine the level of ordinary skill in the art at the time of the invention;
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`CBM2015-00172
`U.S. Patent 7,783,556
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`(4) the Board’s dismissal as moot of Patent Owner’s motion to exclude
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`evidence;
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`(5) the unconstitutionality of the Transitional Program for Covered Business
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`Method Patents and Covered Business Method Review (AIA § 18) under Article
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`III, the Seventh Amendment, and the Fifth Amendment of the United States
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`Constitution; and
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`(6) any other findings or determinations supporting or related to the
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`aforementioned issues, as well as all other issues decided adversely to Patent
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`Owner in any order, decision, ruling, or opinion.
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`The remedy sought on appeal is vacatur of the Final Written Decision, see
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`Secure Axcess, LLC v. PNC Bank Nat'l Ass'n, No. 2016-1353, 2017 WL 676601, at
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`*9 (Fed. Cir. Feb. 21, 2017), and/or, at a minimum, reversal of the Final Written
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`Decision.
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`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), this Notice is being
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`filed with the Director of the United States Patent and Trademark Office, and a
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`copy of this Notice is being concurrently filed with the Patent Trial and Appeal
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`Board. In addition, a copy of this Notice along with the required docketing fees are
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`being filed with the Clerk’s Office for the United States Court of Appeals for the
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`Federal Circuit via CM/ECF.
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`Date: July 19, 2017
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`CBM2015-00172
`U.S. Patent 7,783,556
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`Respectfully submitted,
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`MCDONNELL BOEHNEN HULBERT &
`BERGHOFF LLP
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`/Jennifer M. Kurcz/
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`Jennifer M. Kurcz,
`Back-Up Counsel, Reg. No. 54,481
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`Counsel for Patent Owner
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`300 South Wacker Drive
`Chicago, Illinois 60606
`(312) 913-0001
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`U.S. Patent 7,783,556
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`CERTIFICATION OF SERVICE
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`I hereby certify that on this 19th day of July, 2017, a true and correct copy of
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`the foregoing “PATENT OWNER’S NOTICE OF APPEAL” was mailed via
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`Priority Mail Express to the Director of the United States Patent and Trademark
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`Office, at the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`I also herby certify that on this 19th day of July, 2017, a true and correct
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`copy of the foregoing “PATENT OWNER’S NOTICE OF APPEAL,” and the
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`filing fee, were filed with the Clerk’s Office of the United States Court of Appeals
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`for the Federal Circuit, via CM/ECF.
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`I also herby certify that a true and correct copy of the foregoing “PATENT
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`OWNER’S NOTICE OF APPEAL,” was served by electronic mail on this 19th day
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`of July, 2017 on counsel of record for the Petitioners as follows:
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`Robert E. Sokohl
`rsokohl@skgf.com
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`Michael T. Rosato
`mrosato@wsgr.com
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`Matthew A. Argenti
`margenti@wsgr.com
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`CBM2015-00172
`U.S. Patent 7,783,556
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`/Cole B. Richter/
`Cole B. Richter,
`Counsel for Patent Owner,
`Reg. No. 65,398
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`Dated: July 19, 2017
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`By:
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