Exhibit DD
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`TRADING TECH EXHIBIT 2327
`TRADESTATION v. TRADING TECH
`CBM2015-00179
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`Page 1 of 7
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`TRADING TECH EXHIBIT 2327
`TRADESTATION v. TRADING TECH
`CBM2015-00179
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`Highly Confidential Attorneys' Eyes Only
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` IN THE UNITED STATES DISTRICT COURT
` NORTHERN DISTRICT OF ILLINOIS
` EASTERN DIVISION
`Trading Technologies )
`International, Inc., ) Videotaped Deposition of:
` )
` Plaintiff, ) THOMAS P. BIDDULPH
` )
`vs. )
` ) Civil Action No. 05-4120
`GL Trade SA (n/k/a )
`SunGard Financial ) Judge Edmond E. Chang
`systems (France) SAS), )
`GL Trade Americas, ) Magistrate Sidney I.
`Inc., SunGard Data ) Schenkier
`Systems, Inc., and )
`SunGard Investment )
`Ventures, LLC, )
` ) Consolidated With:
` Defendants. )
` )
`Trading Technologies ) Civil Action No. 05-5164
`International, Inc., )
` ) Judge Edmond E. Chang
` Plaintiff, )
` ) Magistrate Sidney I.
`vs. ) Schenkier
` )
`FuturePath Trading, )
`LLC, ) HIGHLY CONFIDENTIAL --
` ) ATTORNEYS' EYES ONLY
` Defendants. )
` November 15, 2011 * 10:02 a.m.
` Location: Lexington Hotel
` 850 South Bluff Street
` St. George, Utah
` Reporter: Denise M. Thomas, CRR/RPR
` Job No: 43772
`
`TSG Reporting - Worldwide 877-702-9580
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`Page 2 of 7
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` A P P E A R A N C E S
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`FOR THE PLAINTIFF:
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` Rory P. Shea
` Matthew J. Sampson
` McDONNELL BOEHNEN HULBERT & BERGHOFF
` Attorneys at Law
` 300 South Wacker Drive
` Chicago, Illinois 60606
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`
`FOR THE DEFENDANTS:
` Walter Scott
` Christopher L. McArdle
` ALSTON & BIRD
` Attorneys at Law
` 90 Park Avenue
` New York, New York 10016
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`ALSO PRESENT:
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` Joel Hilkert, Videographer
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` * * *
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`TSG Reporting - Worldwide 877-702-9580
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` I N D E X
` THOMAS P. BIDDULPH PAGE
` Examination By Mr. Scott 10
` Examination By Mr. Shea 133
` Further Examination By Mr. Scott 142
` Further Examination By Mr. Shea 166
` Further Examination By Mr. Scott 175
` Further Examination By Mr. Shea 227
` Further Examination By Mr. Scott 256
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` E X H I B I T S
` NUMBER DESCRIPTION PAGE
` Exhibit 1 4-5-11 Subpoena to Thomas 11
` Biddulph
`
` Exhibit 2 Printout from web site of 15
` SkyWeyr Technologies
` Exhibit 3 Printout from web site of 18
` SkyWeyr Technologies
`
` Exhibit 4 6-4-98 Agreement between 19
` SkyWeyr Technologies, Inc.,
` and BusinessBots, Inc., Bates
` No. PH00002520, "Confidential"
` Exhibit 5 9-28-97 fax cover letter to 25
` Peter hart from Richard
` Friesen with attachment, Bates
` Nos. PH00001290-00001291,
` "Highly confidential -
` Attorneys' Eyes Only"
`
` Exhibit 6 3-5-98 Trading Game Design 28
` Document, Version 1.0, Bates
` Nos. PH00000001-00000553,
` "Confidential"
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`TSG Reporting - Worldwide 877-702-9580
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`Page 116
` running on the same virtual machine that we were 02:58
` using at that period of time to know whether the 02:58
` functionality was there. 02:58
` Q. What machine environment would you have 02:58
` been running it in? 02:58
` A. Which virtual machine environment? 02:58
` Q. Yeah. 02:59
` A. I don't quite know what the question is. 02:59
` Q. Well, I'm not sure I understand your 02:59
` issue, and I'm trying to figure it out as we go 02:59
` through here. 02:59
` A. Okay. 02:59
` Q. Was this software when you wrote it 02:59
` designed to run on a PC that was operating under 02:59
` Windows 98? 02:59
` A. No. It was designed to run under Java, 02:59
` and Java as a language, as an operating environment, 02:59
` would run under Windows, would run on a Unix machine, 02:59
` would run on Macintosh, would run whatever. 02:59
` The physical hardware made no difference 02:59
` as long as the environment was there and was 02:59
` supported by Java, by the Java virtual machine. 02:59
` Q. Okay. Can you minimize the priority field 03:00
` of the whole -- of the IBC window? 03:00
` A. Uh-huh (yes). 03:00
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`Page 117
` Q. Okay. Under Help -- 03:00
` A. Uh-huh (yes). 03:00
` Q. -- and About. 03:00
` A. Version 01 pre-alpha, built 30 November 03:00
` 1998. I don't know. These are actually text files, 03:00
` or it is a text file whose contents are displayed on 03:00
` the screen. I have no idea if anybody's modified the 03:00
` text files that would have been displayed there or 03:00
` not. 03:00
` Q. Okay. 03:00
` A. I can read you the information, but I 03:00
` don't know what that means. 03:00
` MR. SAMPSON: I can note for the record 03:00
` that the files Mr. Scott directed you to earlier were 03:00
` dated later than that date. 03:01
` MR. SCOTT: Which files are you referring 03:01
` to, Mr. Sampson? 03:01
` MR. SAMPSON: The software files that you 03:01
` opened, they were dated December or January of '99, 03:01
` December of '98 or January of '99. 03:01
` Q. (By Mr. Scott) Okay. Was it your 03:01
` practice to update the About screen with each 03:01
` iteration? 03:01
` A. Yes. 03:01
` MR. SHEA: Objection to form. 03:01
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`TSG Reporting - Worldwide 877-702-9580
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`Page 118
` THE WITNESS: Sorry. Yes. Basically, the 03:01
` version number would always change. The built 03:01
` number, I don't know if that was manually generated, 03:01
` quite honestly, but the version number was something 03:01
` I would have to enter in manually in the text file, 03:01
` where it comes from. 03:01
` Q. (By Mr. Scott) Okay. And do you have any 03:01
` understanding of how easy or difficult it would be to 03:02
` change the Java code once it had been obfuscated? 03:02
` MR. SHEA: Objection to form, calls for 03:02
` speculation. 03:02
` THE WITNESS: I actually cannot remember 03:02
` technically. It's been a long time since I dealt 03:02
` with Java and technical stuff. 03:02
` It's my remembrance that obfuscation made 03:02
` it so you couldn't change the source code, but that's 03:02
` pure recollection on my part of things that happened 03:02
` 14 years ago. 03:02
` Q. (By Mr. Scott) Do you have any 03:03
` recollection as to why you couldn't change the source 03:03
` code if it was obfuscated? 03:03
` A. I don't know the technical data behind why 03:03
` that happened. 03:03
` Q. And as you look at the software today, do 03:03
` you have any reason to believe it was changed in any 03:03
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`TSG Reporting - Worldwide 877-702-9580
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`Page 7 of 7
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