`__________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`IBG LLC; INTERACTIVE BROKERS LLC;
`TRADESTATION GROUP, INC.; TRADESTATION SECURITIES, INC.;
`TRADESTATION TECHNOLOGIES, INC.;
`IBFX, INC.; CQG, INC.; and CQGT, LLC
`
`Petitioners
`v.
` TRADING TECHNOLOGIES INTERNATIONAL, INC.
`
`Patent Owner
`_________________
`Case CBM2015-00179
`U.S. Patent 7,533,056
`_________________
`
`
`
`
`
`JOINT MOTION TO TERMINATE PROCEEDINGS
`WITH RESPECT TO CQG, INC. AND CQGT, LLC AND NOTICE OF
`SETTLEMENT UNDER 35 U.S.C. § 327 AND 37 C.F.R §§ 42.72 AND 42.74
`
`
`
`
`
`
`
`
`
`
`
`CBM2015-00179
`U.S. Patent 7,533,056
`
`I.
`
`Introduction
`
`Petitioners CQG, Inc. and CQGT, LLC (collectively, “CQG”) and Patent
`
`Owner Trading Technologies International, Inc. (“TT”) have entered into a
`
`confidential Settlement Agreement that resolves all underlying disputes between
`
`the parties, including CBM2015-00179 against U.S. Patent No. 7,533,056,
`
`currently before the Board. As required by 35 U.S.C. § 327(b) and 37 C.F.R. §
`
`42.74(b), the parties are filing a copy of the Settlement Agreement as Exhibit 1045
`
`along with a request to treat it as Confidential Business Information under 37
`
`C.F.R. § 42.74(c). The undersigned represents that there are no other collateral
`
`arguments between CQG and TT and that Exhibit 1045 represents a true and
`
`accurate copy of the agreement between the parties. Accordingly, TT and CQG
`
`jointly request termination of CBM2015-00179 against U.S. Patent No.
`
`7,533,056—with respect only to CQG. The Board authorized the parties to file this
`
`joint motion to terminate by email on February 26, 2016.
`
`Statement of Precise Relief Requested
`
`II.
`The parties jointly move to terminate this proceeding with respect to CQG,
`
`pursuant to 35 U.S.C. § 327 and 37 C.F.R. §§ 42.72 and 42.74. The applicable
`
`statute, 35 U.S.C. § 327(a), provides that the proceeding “shall be terminated with
`
`respect to any petitioner upon the joint request of the petitioner and the patent
`
`owner, unless the Office has decided the merits of the proceeding before the
`
`
`
`
`
`
`
`CBM2015-00179
`U.S. Patent 7,533,056
`request for termination is filed.” (emphasis added). In this case, the Petition was
`
`filed on September 2, 2015, and the Board instituted trial on February 24, 2016.
`
`III. Conclusion
`For the foregoing reasons, Petitioner CQG and Patent Owner TT request that
`
`the Board terminate this proceeding with respect to CQG.
`
`
`Respectfully submitted,
`
`
`/Robert Sokohl/
`Robert E. Sokohl, Reg. No. 36,013
`Lead Counsel for Petitioners
`
`/Rachel L. Emsley/
`Rachel L. Emsley, Reg. No. 63,558
`Back-Up Counsel for Patent Owner
`
`
`
`
`
`
`
`
`
`Dated: 2/29/16
`
`
`
`Dated: 2/29/16
`
`2
`
`
`
`CBM2015-00179
`U.S. Patent 7,533,056
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on March 1, 2016, the attached JOINT
`
`MOTION TO TERMINATE PROCEEDINGS WITH RESPECT TO CQG,
`
`INC. AND CQGT, LLC AND NOTICE OF SETTLEMENT UNDER 35
`
`U.S.C. § 327 AND 37 C.F.R §§ 42.72 AND 42.74 was served electronically via e-
`
`mail upon the following counsel for Patent Owner, TT:
`
`Erika H. Arner, Reg. No. 57,540
`Joshua L. Goldberg, Reg. No. 59,369
`Kevin D. Rodkey, Reg. No. 65,506
`Rachel L. Emsley, Reg. No. 63,558
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`erika.arner@finnegan.com
`joshua.goldberg@finnegan.com
`kevin.rodkey@finnegan.com
`rachel.emsley@finnegan.com
`
`Steven F. Borsand
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`tt-patent-cbm@tradingtechnologies.com
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Richard M. Bemben #68658/
`
`
`Richard M. Bemben, Reg. No. 68,658
`Attorneys for Petitioners
`
`
`
`Date: March 1, 2016
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`3
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