`__________________
`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 REQUEST THAT SETTLEMENT AGREEMENT BE TREATED
`AS BUSINESS CONFIDENTIAL INFORMATION AND KEPT
`SEPARATE UNDER 37 C.F.R § 42.74(c)
`
`
`
`
`
`
`
`CBM2015-00179
`U.S. Patent 7,533,056
`
`I.
`
`Introduction
`
`In an email from Petitioners’ counsel to the Board dated February 26, 2016,
`
`Petitioners CQG, Inc. and CQGT, LLC (collectively, “CQG”) and Patent Owner
`
`Trading Technologies International, Inc. (“TT”) informed the Board of their
`
`settlement. The Board responded via email on February 26, 2016, and authorized
`
`the parties to file a joint motion to terminate these proceedings with respect to
`
`CQG and a joint request that the Settlement Agreement be treated as business
`
`confidential information and kept separate. Thus, CQG and TT request that the
`
`Settlement Agreement be kept confidential from the public as well as all other
`
`petitioners. The Exhibit has been filed with the designation of “Board Only” via
`
`the Patent Review Processing System (PRPS), as the Board needs to review the
`
`settlement agreement and decide whether to grant the joint motion to terminate the
`
`proceeding with respect to CQG.
`
`The rules permit the parties to have any filed settlement agreement treated as
`
`business confidential information and kept separate from the files of the involved
`
`patent. 37 C.F.R. § 42.74(c). Indeed, the statute requires it at a party’s request.
`
`At the request of a party to the proceeding, the agreement or
`understanding shall be treated as business confidential
`information, shall be kept separate from the file of the involved
`patents, and shall be made available only to Federal
`Government agencies on written request, or to any person on a
`showing of good cause.
`
`
`
`
`
`
`
`CBM2015-00179
`U.S. Patent 7,533,056
`
`35 U.S.C. § 327.
`
`In a motion filed concurrently herewith, CQG and TT jointly request
`
`termination of these proceedings with respect to CQG. The parties also submit, as
`
`part of that joint request, a true copy of the agreement between them (the
`
`“Settlement Agreement”) as Exhibit 1045.
`
`II. Relief Requested
`Because the Settlement Agreement contains confidential business
`
`information, CQG and TT jointly request that the Office treat the Settlement
`
`Agreement (Exhibit 1045) as business confidential information, that the Settlement
`
`Agreement be kept separate from the file of the involved patent, be kept
`
`confidential from the public as well as all other petitioners, and that the Agreement
`
`be made available only to Federal Government agencies on written request, or to
`
`any person on a showing of good cause.
`
`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
`
`
`
`
`
`
`
`2
`
`Dated: 2/29/16
`
`
`
`Dated: 2/29/16
`
`
`
`CBM2015-00179
`U.S. Patent 7,533,056
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on March 1, 2016, the attached JOINT
`
`REQUEST THAT SETTLEMENT AGREEMENT BE TREATED AS
`
`BUSINESS CONFIDENTIAL INFORMATION AND KEPT SEPARATE
`
`UNDER 37 C.F.R § 42.74(c) 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.
`
`
`
`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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