From: Emsley, Rachel [mailto:Rachel.Emsley@finnegan.com]
`Sent: Thursday, June 16, 2016 4:44 PM
`To: Trials <Trials@USPTO.GOV>; Lori Gordon <LGORDON@skgf.com>
`Cc: Rob Sokohl <RSOKOHL@skgf.com>; Richard M. Bemben <RBEMBEN@skgf.com>;
`phillips@fr.com; Adam Kessel (Kessel@fr.com) <Kessel@fr.com>; mrosato@wsgr.com;
`margenti@wsgr.com; PTAB Account <PTAB@skgf.com>; gannon@mbhb.com; sigmond@mbhb.com;
`tt-patent-cbm@tradingtechnologies.com; Trading-Tech-CBM <Trading-Tech-CBM@finnegan.com>;
`Arner, Erika <erika.arner@finnegan.com>; Rodkey, Kevin <Kevin.Rodkey@finnegan.com>; Goldberg,
`Joshua <Joshua.Goldberg@finnegan.com>; Steven F. Borsand
`<Steve.Borsand@tradingtechnologies.com>
`Subject: RE: CBM2015-00161, -171, -179, -181, and 182: Request for call with Board to Seek Relief
`Due to Patent Owner's Improper Motion for Additional Discovery
`
`Your Honors,
`
`We note that Petitioners’ email to the Board indicated Patent Owner would request that its filings
`and service will be deemed timely. To be sure that the Board is also considering this issue, which
`may have been overlooked, Patent Owner would like to officially provide its request.
`
`The PTAB’s records will reflect that Patent Owner completed, with the exception of the exhibit list,
`all of the filings for the 182 proceeding (132 patent) before midnight. The filings, including the
`Motions and exhibits, were the same across the proceedings, and the public versions for every
`proceeding were filed before midnight. Service of the confidential documents began on a rolling
`basis shortly after midnight, with a first set of documents at 12:35 AM and a set of the confidential
`exhibits at 12:39 AM. Thus, Petitioners had Patent Owner’s complete argument by 12:39 AM. Filing
`and service continued on a rolling basis, and service of non-confidential documents and the updated
`exhibit lists was completed by 2:30 AM. Before Petitioners sent their email to the Board, Patent
`Owner had offered via email to Petitioners, that we would not oppose a request to the Board for an
`extension for their Response by a day, due to the 2.5 hour delay in receiving all of the documents.
`
`Patent Owner believes it is in the interest of justice to deem its filings and service timely. The filing
`and service were delayed due to the care taken to avoid issues with the District Court Protective
`Order and Default Protective Order, for which negotiations and communications between the
`
`

`
`parties extended into the afternoon on June 15.
`
`Regards,
`Rachel Emsley
`Back-up Counsel for Patent Owner
`
`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: Trials [mailto:Trials@USPTO.GOV]
`Sent: Thursday, June 16, 2016 3:53 PM
`To: Trials; Lori Gordon
`Cc: Rob Sokohl; Richard M. Bemben; phillips@fr.com; Adam Kessel (Kessel@fr.com);
`mrosato@wsgr.com; margenti@wsgr.com; PTAB Account; gannon@mbhb.com; sigmond@mbhb.com;
`Emsley, Rachel; tt-patent-cbm@tradingtechnologies.com; Trading-Tech-CBM; Arner, Erika; Rodkey,
`Kevin; Goldberg, Joshua; Steven F. Borsand
`Subject: RE: CBM2015-00161, -171, -179, -181, and 182: Request for call with Board to Seek Relief Due
`to Patent Owner's Improper Motion for Additional Discovery
`
`Counsel,
`
` I
`
`
`
` apologize, I mistyped below, the previous authorization for Petitioner to file oppositions to Patent
`Owner’s Motions for Additional Discovery is withdrawn until such time that the Board provides further
`authorization for such filings.
`
`Thanks,
`Andrew Kellogg,
`Supervisory Paralegal
`Patent Trial and Appeal Board
`USPTO
`andrew.kellogg@uspto.gov
`Direct: 571-272-5366
`
`From: Trials
`Sent: Thursday, June 16, 2016 3:33 PM
`To: Lori Gordon <LGORDON@skgf.com>; Trials <Trials@USPTO.GOV>
`Cc: Rob Sokohl <RSOKOHL@skgf.com>; Richard M. Bemben <RBEMBEN@skgf.com>;
`phillips@fr.com; Adam Kessel (Kessel@fr.com) <Kessel@fr.com>; mrosato@wsgr.com;
`margenti@wsgr.com; PTAB Account <PTAB@skgf.com>; gannon@mbhb.com; sigmond@mbhb.com;
`'Emsley, Rachel' <Rachel.Emsley@finnegan.com>; tt-patent-cbm@tradingtechnologies.com;
`Trading-Tech-CBM <Trading-Tech-CBM@finnegan.com>; Arner, Erika <erika.arner@finnegan.com>;
`'Rodkey, Kevin' <Kevin.Rodkey@finnegan.com>; Goldberg, Joshua
`
`

`
`<Joshua.Goldberg@finnegan.com>; Steven F. Borsand <Steve.Borsand@tradingtechnologies.com>
`Subject: RE: CBM2015-00161, -171, -179, -181, and 182: Request for call with Board to Seek Relief
`Due to Patent Owner's Improper Motion for Additional Discovery
`
`Counsel,
`
`The panel has received Petitioner’s request and requires further time to evaluate the appropriate course of
`action. The previous authorization for Petitioner to file oppositions to Patent Owner’s Motions to Amend
`is withdrawn until such time that the Board provides further authorization for such filings.
`
`The panel notes Patent Owner’s request for extensions of time for the Patent Owner Responses in these
`proceedings. No extensions are authorized at this time.
`
`
`
`Thanks,
`Andrew Kellogg,
`Supervisory Paralegal
`Patent Trial and Appeal Board
`USPTO
`andrew.kellogg@uspto.gov
`Direct: 571-272-5366
`
`
`
`From: Lori Gordon [mailto:LGORDON@skgf.com]
`Sent: Thursday, June 16, 2016 2:12 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Rob Sokohl <RSOKOHL@skgf.com>; Richard M. Bemben <RBEMBEN@skgf.com>;
`phillips@fr.com; Adam Kessel (Kessel@fr.com) <Kessel@fr.com>; mrosato@wsgr.com;
`margenti@wsgr.com; PTAB Account <PTAB@skgf.com>; gannon@mbhb.com; sigmond@mbhb.com;
`'Emsley, Rachel' <Rachel.Emsley@finnegan.com>; tt-patent-cbm@tradingtechnologies.com;
`Trading-Tech-CBM <Trading-Tech-CBM@finnegan.com>; Arner, Erika <erika.arner@finnegan.com>;
`'Rodkey, Kevin' <Kevin.Rodkey@finnegan.com>; Goldberg, Joshua
`<Joshua.Goldberg@finnegan.com>; Steven F. Borsand <Steve.Borsand@tradingtechnologies.com>
`Subject: CBM2015-00161, -171, -179, -181, and 182: Request for call with Board to Seek Relief Due
`to Patent Owner's Improper Motion for Additional Discovery
`
`Your Honors-
`
`Petitioner respectfully requests a call with the Board to discuss Patent Owner’s motions for
`additional discovery filed in CBM2015-00161, -171, -179, -181, and 182. During the June 13, 2016
`Teleconference in these proceedings, the Board authorized Patent Owner to file a motion for
`additional discovery in each proceeding but also ordered that the motion and any opposition would
`each by limited to 12 pages. (See, e.g., CBM2015-00161, Ex. 2040 at 42 (June 13, 2016
`Teleconference Transcript)). The Board also permitted Patent Owner to attach a “listing” of the
`specific document it seeks. Patent Owner’s motion were due on June 15, 2016.
`
`Petitioner seeks a teleconference with the Board because Patent Owner’s motions exceed the page
`limits set by the Board. In particular, Patent Owner attached to each motion a 9 page, 12 point font,
`
`

`
`single-spaced exhibit (Exhibit 2155) that both lists the documents that Patent Owner seeks and
`describes the purported relevance of these documents. Patent Owner’s motions refers to Exhibit
`2155 as providing the “relevance of each document.” (See, e.g. CBM2015-00161, Paper 52 at 1, n.2)
`Because Petitioner is limited to as 12 page brief in opposition, it will be prejudiced if it must respond
`to all of the arguments set forth in Patent Owner’s 12 page brief and 9 page exhibit containing
`relevance arguments.
`
`Petitioner also seeks a teleconference with the Board because Patent Owner’s motions were neither
`timely filed nor served. In none of the above proceedings, did Patent Owner complete its filings by
`the deadline of June 15. In addition, in the case of CBM2015-00179, -181, and 182, Patent Owner
`did not serve Petitioner’s counsel until 2:22 AM on June 16 (contrary to the certificates of service
`that it filed). Because Petitioner’s responses are due on June 17, Patent Owner’s late service is highly
`prejudicial.
`
`As a remedy for the above, Petitioner will ask the Board to strike Patent Owner’s motions for
`additional discovery.
`
`We have conferred with Patent Owner and they intend to ask the Board to deem their motions as
`timely filed and served.
`
`We are available today between 3-4pm ET for a conference with the Board.
`
`Regards-
`
`Lori A. Gordon
`
`cid:image001.jpg@01D1C7E3.DAFBBE50
`
`
`
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