From: Lori Gordon [mailto:LGORDON@skgf.com]
`Sent: Friday, April 29, 2016 5:33 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: 'Emsley, Rachel' <Rachel.Emsley@finnegan.com>; Rob Sokohl <RSOKOHL@skgf.com>; Richard M.
` Bemben <RBEMBEN@skgf.com>; tt-patent-cbm@tradingtechnologies.com; Trading-Tech-CBM
` <Trading-Tech-CBM@finnegan.com>; PTAB Account <PTAB@skgf.com>
`Subject: Request for Conference Call with Board to resolve disputes relating to the depositions of
` Petitioners expert scheduled for May 3 and May 5.
`
`Your Honors:
`
`Petitioners respectfully request a conference call to resolve two issues between the parties
` regarding the depositions next week of Petitioners' expert, Kendyl Roman in three separate CBM
` proceedings: CBM2015-00179, CBM2015-00181, and CBM2015-00182.
`
`1) In a March 29 e-mail, Patent Owner requested deposition on a first day for the CBM2015-00179
` proceeding and on a second day for the CBM2015-00181 and 182 proceedings. Petitioners agreed
` to this proposal setting May 3 for the first deposition and May 5 for the second deposition. The
` emails reflecting this agreement are attached. Despite the agreement between the parties, Patent
` Owner filed a Notice of Deposition in each proceeding stating that they were going to consolidate all
` three depositions and conduct them as a single deposition spanning two days. Patent Owner further
` misrepresented in its deposition notices that Petitioners had agreed to this arrangement.
` Petitioners have asked Patent Owner to correct their deposition notices to reflect the agreement
` between the parties. Patent Owner has refused.
`
`Petitioners therefore request a conference call to ask the Board to amend the notices of deposition
` or compel the Patent Owner to update its deposition notices to reflect the parties agreement that
` the May 3rd deposition will cover the topics in the CBM2015-00179 proceeding and the May 5th
` deposition will cover the topics in the CBM2015-00181 and 182 proceedings. In addition, Petitioners
` seek authorization to file a motion for sanctions against Patent Owner for misrepresenting the
` agreement between the parties in a filing with the Board and abuse of the discovery process.
`
`2) Because the CBM2015-00179 proceeding covers a patent in one family and the CBM2015-00181
` and 182 proceedings cover patents in a separate patent family, Petitioners have informed Patent
`
`

`
` Owner that Petitioners intend to prepare Mr. Roman for the second day of deposition on
` Wednesday May 4 after the deposition in the CBM2015-00179 proceeding has closed. Patent
` Owner opposes.
`
`To avoid the expense of future Motions practice by Patent Owner, Petitioners request clarification
` from the Board on the following point: If the deposition in CBM2015-00179 has closed, will
` Petitioners be able to prepare their witness before the deposition in the CBM2015-00181 and
` -00182 proceedings have opened.
`
`The parties are available for a conference call with the Board on Monday from 9am to 5pm ET.
`
`Regards-
`
`Lori A. Gordon
`Counsel for Petitioners
`
`
`
`
`Notice: The information in this electronic transmission (including any attachments) may contain confidential
` or legally privileged information and is intended solely for the individual(s) or entity(ies) named above. If
` you are not an intended recipient or an authorized agent, you are hereby notified that reading, distributing,
` or otherwise disseminating or copying, or taking any action based on the contents of this transmission is
` strictly prohibited. Any unauthorized interception of this transmission is illegal under the law. If you have
` received this transmission in error, please immediately notify the sender by return email and then destroy all
` copies of the transmission.
`
`

`
`From:
`To:
`Cc:
`
`Subject:
`Date:
`
`Emsley, Rachel
`Rob Sokohl
`Richard M. Bemben; Arner, Erika; Goldberg, Joshua; Rodkey, Kevin; tt-patent-cbm@tradingtechnologies.com;
` Lori Gordon; Jon Strang
`RE: TT’s Objections to Evidence in CBM2015-00179
`Monday, April 11, 2016 11:28:00 AM
`
`Counsel,
`We agree to the proposed dates for Rho on April 26th and Roman on May 3rd and 5th. We will
` advise tomorrow on how many hours we believe we need for Mr. Cohen, but agree to the date. We
` note, however, that the dates you propose for Roman are very close to the deadline for the Patent
` Owner Response, and outside the discovery period for CBM2015-00179. Referring to my email of
` Friday, April 8, requesting an extension of due dates 1-3 in each of the proceedings to
` accommodate discovery, in the absence of stipulation to move the deadlines, we cannot agree to
` the dates for Mr. Roman.
`Please let us know as soon as possible if you agree to an extension of deadlines 1-3 by three weeks
` in each of the proceedings, and we can discuss the schedule further during tomorrow’s call (pending
` Josh’s confirmation).
`Thanks,
`Rachel
`Rachel L. Emsley
`Attorney at Law
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`Two Seaport Lane
`Boston, MA 02210-2001
`617.646.1624 | fax: 202.408.4400 | rachel.emsley@finnegan.com | www.finnegan.com
`
`NOTICE: This e-mail is sent by a law firm and may contain information that is confidential, protected, or
` privileged. If you are not the intended recipient, please delete the email and any attachments and notify
` us immediately.
`From: Rob Sokohl [mailto:RSOKOHL@skgf.com]
`Sent: Thursday, April 7, 2016 7:19 PM
`To: Emsley, Rachel
`Cc: Richard M. Bemben; Arner, Erika; Goldberg, Joshua; Rodkey, Kevin; tt-patent-
`cbm@tradingtechnologies.com; Lori Gordon; Jon Strang
`Subject: Re: TT’s Objections to Evidence in CBM2015-00179
`
`Rachel, We propose Rho on April 26th and Roman on May 3rd and 5th.
`
`We are working on dates for Cohen, but April 27th may work. Can you let us know if a few hours is
` satisfactory for Cohen?
`
`Rob
`
`
`
`Sent from my iPhone
`
`On Apr 7, 2016, at 10:24 AM, Emsley, Rachel <Rachel.Emsley@finnegan.com> wrote:
`
`Rob,
`
`

`
`
`Patent Owners are not presently aware of evidence it has that is inconsistent with TT’s
` statement in its Objections that "Petitioners have submitted no evidence to
` authenticate Exhibit 1003, and deficient evidence for Exhibit 1004 as set forth below,
` making both inadmissible under FRE 901."
`
`Regarding Petitioners’ authentication evidence, please let us know of your availability
` for a deposition on the declaration you submitted in matters CBM2015-00179; -00181,
` and -00182.
`
`Also, on the topic of depositions, please let us know of any progress on the suggested
` dates for Roman, Rho, and Cohen.
`
`Regards,
`Rachel
`
`Rachel L. Emsley
`Attorney at Law
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`Two Seaport Lane
`Boston, MA 02210-2001
`617.646.1624 | fax: 202.408.4400 | rachel.emsley@finnegan.com | www.finnegan.com
`
`NOTICE: This e-mail is sent by a law firm and may contain information that is confidential,
` protected, or privileged. If you are not the intended recipient, please delete the email and
` any attachments and notify us immediately.
`
`From: Rob Sokohl [mailto:RSOKOHL@skgf.com]
`Sent: Wednesday, April 6, 2016 12:46 PM
`To: Richard M. Bemben; Arner, Erika; Goldberg, Joshua; Rodkey, Kevin; Emsley, Rachel; tt-
`patent-cbm@tradingtechnologies.com
`Cc: Lori Gordon; Jon Strang
`Subject: RE: TT’s Objections to Evidence in CBM2015-00179
`
`Counsel, We sent the below email on March 16th. Please let us know when you will be
` responding to this request.
`
`Regards,
`
`Rob
`
`From: Richard M. Bemben
`Sent: Wednesday, March 16, 2016 7:52 AM
`To: 'erika.arner@finnegan.com'; 'joshua.goldberg@finnegan.com';
` kevin.rodkey@finnegan.com; rachel.emsley@finnegan.com; tt-patent-
`cbm@tradingtechnologies.com
`Cc: Rob Sokohl; Lori Gordon; Jon Strang
`Subject: TT’s Objections to Evidence in CBM2015-00179
`
`
`RE: TT’s Objections to Evidence in CBM2015-00179
`
`

`
`
`Counsel,
`
`In TT’s March 9, 2016 Objections to Evidence, TT objected to the authenticity of Exhibit
` 1003 – the Japanese-language version of “Futures/Option Purchasing System Trading
` Terminal Operation Guide.”
`
`In accordance with 37 CFR 42.51(b)(1)(iii), Petitioners are entitled to discovery of all
` relevant information that is inconsistent with TT’s position that Exhibit 1003 is not
` authentic. Accordingly, Petitioners request that TT provide all evidence in its
` possession regarding the authenticity of the Japanese-language version of
` "Futures/Option Purchasing System Trading Terminal Operation Guide."
`
`Regards,
`Richard
`
`
`<image001.jpg> Richard M. Bemben
`Associate
`Sterne, Kessler,
` Goldstein & Fox
` P.L.L.C.
`Email:
` rbemben@skgf.com
`Direct:
` 202.772.8549 Main:
` 202.371.2600
`1100 New York Ave, NW,
` Washington, DC 20005
`
`
`
`
`
`Administrative
` Assistant: Mark I. Koper
`Direct Dial:
` 202.772.8872
`
`
`
`This e-mail message is intended only for individual(s) to whom it is addressed and may contain information that is
` privileged, confidential, proprietary, or otherwise exempt from disclosure under applicable law. If you believe you have
` received this message in error, please advise the sender by return e-mail and delete it from your mailbox. Thank you.
`
`This e-mail message is intended only for individual(s) to whom it is addressed and may contain information that is privileged, confidential,
` proprietary, or otherwise exempt from disclosure under applicable law. If you believe you have received this message in error, please
` advise the sender by return e-mail and delete it from your mailbox. Thank you.
`
`

`
`From:
`To:
`
`Cc:
`Subject:
`Date:
`
`Emsley, Rachel
`phillips@fr.com; CBM41919-0005CP1@fr.com; Rob Sokohl; Lori Gordon; Jon Strang; Richard M. Bemben; PTAB
` Account; mrosato@wsgr.com; margenti@wsgr.com
`Trading-Tech-CBM; tt-patent-cbm@tradingtechnologies.com
`Deposition Availability for CBM2015-00161; CBM2015-00179; CBM2015-00182; and CBM2015-00181
`Tuesday, March 29, 2016 3:03:41 PM
`
`Counsel,
` 
`Please let us know the availability of the following Petitioners’ declarants for depositions, in DC:
` 
`
`Mellor  April 12 (CBM2015-00161)
`Roman April 25, 26, or 27 (CBM2015-00179); and May 2 or 3 (CBM2015-00182; CBM2015-
`00181)
`Rho       April 4 or 5 (CBM2015-00182; CBM2015-00181)
`Cohen   April 25, 26, or 27 (CBM2015-00179; CBM2015-00182; CBM2015-00181)
` 
`If the declarants are not available on one of the proposed dates, please propose alternative dates.
` 
`Thanks,
`Rachel
` 
`Rachel L. Emsley
`Attorney at Law
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`Two Seaport Lane
`Boston, MA 02210-2001
`617.646.1624 | fax: 202.408.4400 | rachel.emsley@finnegan.com | www.finnegan.com
`
`NOTICE: This e-mail is sent by a law firm and may contain information that is confidential, protected, or
` privileged. If you are not the intended recipient, please delete the email and any attachments and notify
` us immediately.
` 
`
`This e-mail message is intended only for individual(s) to whom it is addressed and may contain information that is privileged, confidential,
` proprietary, or otherwise exempt from disclosure under applicable law. If you believe you have received this message in error, please
` advise the sender by return e-mail and delete it from your mailbox. Thank you.