Paper No. ____
` Filed: June 15, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`IBG LLC; INTERACTIVE BROKERS LLC;
`TRADESTATION GROUP, INC.; TRADESTATION SECURITIES, INC.;
`TRADESTATION TECHNOLOGIES, INC.; and
`IBFX, INC.
`
`Petitioners
`v.
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`
`
`
`
` TRADING TECHNOLOGIES INTERNATIONAL, INC.
`
`Patent Owner
`_________________
`Case CBM2015-00179
`U.S. Patent 7,533,056
`_________________
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`PATENT OWNER’S MOTION TO SEAL
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` Filed: June 15, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`IBG LLC; INTERACTIVE BROKERS LLC;
`TRADESTATION GROUP, INC.; TRADESTATION SECURITIES, INC.;
`TRADESTATION TECHNOLOGIES, INC.; and
`IBFX, INC.
`
`Petitioners
`v.
`
`
`
`
`
` TRADING TECHNOLOGIES INTERNATIONAL, INC.
`
`Patent Owner
`_________________
`Case CBM2015-00179
`U.S. Patent 7,533,056
`_________________
`
`PATENT OWNER’S MOTION TO SEAL
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`I.
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`Case No. 2015-00179
`U.S. PATENT NO. 7,533,056
`
`
`
`Introduction
`Patent Owner requests that the confidential versions of its Motion for
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`Additional Discovery and Exhibits 2143-2151, 2154, and 2156-2158 be sealed
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`under 37 C.F.R. § 42.54. Good cause to seal these documents exists because a
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`public version of the Motion has also been filed, and because the redacted
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`information and Exhibits 2143-2151, 2154, and 2156-2158 contain information
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`identified by Petitioners as sensitive, non-public information that a business would
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`not make public. Petitioners have requested that Patent Owner file this Motion.
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`II. Governing Rules and PTAB Guidance
`Under 35 U.S.C. § 316(a)(1), the default rule is that all papers filed in an
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`inter partes review are open and available for access by the public but a party may
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`file a concurrent motion to seal and the information at issue is sealed pending the
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`outcome of the motion.
`
`Similarly, 37 C.F.R. § 42.14 provides:
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`The record of a proceeding, including documents and things,
`shall be made available to the public, except as otherwise
`ordered. A party intending a document or thing to be sealed
`shall file a motion to seal concurrent with the filing of the
`document or thing to be sealed. The document or thing shall
`be provisionally sealed on receipt of the motion and remain so
`pending the outcome of the decision on the motion.
`2
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`
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`
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`It is, however, only “confidential information” that is protected from disclosure. 35
`
`Case No. 2015-00179
`U.S. PATENT NO. 7,533,056
`
`U.S.C. § 316(a)(7)(“The Director shall prescribe regulations -- . . . providing for
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`protective orders governing the exchange and submission of confidential
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`information”). In that regard, the Office Trial Practice Guide, 77 Fed. Reg. 48756,
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`48760 (Aug. 14, 2012) provides:
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`The rules aim to strike a balance between the public’s interest
`in maintaining a complete and understandable file history and
`the parties’ interest in protecting truly sensitive information.
`* * *
`Confidential Information: The rules identify confidential
`information in a manner consistent with Federal Rule of Civil
`Procedure 26(c)(1)(G), which provides for protective orders
`for trade secret or other confidential research, development, or
`commercial information. § 42.54.
`The standard for granting a motion to seal is “for good cause,” 37 C.F.R.
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`§ 42.54, and the moving party has the burden of proof in showing entitlement to
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`the requested relief, 37 C.F.R. § 42.20(c).
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`A motion to seal is also required to include a proposed protective order and a
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`certification that the moving party has in good faith conferred or attempted to
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`confer with the opposing party in an effort to come to an agreement as to the scope
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`of the proposed protective order for this inter partes review. 37 C.F.R. § 42.54.
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`3
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`
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`III.
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`Case No. 2015-00179
`U.S. PATENT NO. 7,533,056
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`Identification of Confidential Information
`The confidential information consists of internal TradeStation documents
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`relating to its products and customers, the deposition transcripts of Mr. Bartleman
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`(TradeStation’s President) and Mr. Mr. Galik (IB’s head of software development)
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`and quotations from those documents and transcripts in the confidential version of
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`the Motion for Additional Discovery. Patent Owner has been advised by counsel
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`for Petitioners that this information has not been published or otherwise been made
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`public.
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`IV. Good Cause Exists for Sealing the Confidential Information
`Petitioners have asserted that the identified information is either confidential
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`or highly confidential under the protective order in the corresponding district court
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`litigation. Through these designations, Petitioners represented to Patent Owner that
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`the information at issue consists of sensitive information that a business would not
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`make public and that good cause thus exists for sealing the information in this
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`proceeding. Petitioners have accordingly requested that Patent Owner file this
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`Motion to preserve the confidentiality of this material.
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`Moreover, all of the non-confidential information will be publically
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`available in the non-confidential versions of the documents that have been filed.
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`Accordingly, there is good cause to grant this motion to seal.
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`4
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`V.
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`Case No. 2015-00179
`U.S. PATENT NO. 7,533,056
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`Proposed Protective Order
`The parties have agreed to the terms of the Default Protective Order located
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`in Appendix B of the Trial Practice Guide, for the purposes of Patent Owner’s
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`citation of the documents and transcripts in its Motion for Additional Discovery. In
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`accordance with the terms of the Default Protective Order, both confidential and
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`non-confidential versions of the documents have been filed.
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`VI. Conclusion
`For the reasons set forth above, Patent Owner respectfully requests that the
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`Respectfully Submitted,
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`By:_/Rachel L. Emsley/______________
`Rachel L. Emsley, Reg. No. 63,558
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`Board grant this motion to seal.
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`
`
`Date: June 15, 2016
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`5
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`Case No. 2015-00179
`U.S. PATENT NO. 7,533,056
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing PATENT
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`
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`OWNER’S MOTION TO SEAL was served on June 15, 2016, via email directed
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`to counsel of record for the Petitioners at the following:
`
`Robert Sokohl
`rsokohl-PTAB@skgf.com
`
`Lori Gordon
`lgordon-PTAB@skgf.com
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`Richard Bemben
`rbemben-PTAB@skgf.com
`
`John C. Phillips
`CBM41919-0007CP1@fr.com
`
`PTAB@skgf.com
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`
`/Ashley F. Cheung/
`Ashley F. Cheung
`Case Manager
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
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`
`
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`Dated: June 15, 2016
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`6
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