CBM2015-00179
`U.S. Patent 7,533,056
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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.
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`Petitioners
`v.
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` TRADING TECHNOLOGIES INTERNATIONAL, INC.
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`Patent Owner
`_________________
`Case CBM2015-00179
`U.S. Patent 7,533,056
`_________________
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`PATENT OWNER’S NOTICE OF APPEAL
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`via PTAB E2E
`Patent Trial and Appeal Board
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`via Express Mail
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
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`via CM/ECF
`United States Court of Appeals for the Federal Circuit
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`1
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`U.S. Patent 7,533,056
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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.
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`Patent Owner
`_________________
`Case CBM2015-00179
`U.S. Patent 7,533,056
`_________________
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`PATENT OWNER’S NOTICE OF APPEAL
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`via PTAB E2E
`Patent Trial and Appeal Board
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`via Express Mail
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
`
`via CM/ECF
`United States Court of Appeals for the Federal Circuit
`
`1
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`CBM2015-00179
`U.S. Patent 7,533,056
`Pursuant to 35 U.S.C. §§ 141 and 142, and 37 C.F.R. §§ 90.2 and 90.3,
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`Patent Owner, Trading Technologies International, Inc. (TT), hereby provides
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`notice that it appeals to the United States Court of Appeals for the Federal Circuit
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`from the Final Written Decision (Paper 143) entered on February 17, 2017, from
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`the Decision Denying Patent Owner’s Request for Rehearing (Paper 145) entered
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`April 27, 2017, and from all underlying orders, decisions, rulings, institutions, and
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`opinions regarding U.S. Patent 7,533,056 (“the ’056 patent”) at issue in Covered
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`Business Method No. CBM2015-00179. This notice of appeal is timely filed
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`because it is filed within 63 days of the April 27, 2017 Decision (Paper 145)
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`Denying Patent Owner’s Request for Rehearing.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), the issues on appeal include,
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`but may not be limited to:
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`(1) the Board’s determination that it had jurisdiction to issue the Final
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`Written Decision because the ‘056 patent is a covered business method patent
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`under § 18 of the America Invents Act;
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`(2) the Board’s determination that claims 1-15 are unpatentable under 35
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`U.S.C. § 103;
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`(3) the Board’s determination that claims 1-15 are ineligible under 35 U.S.C.
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`§ 101;
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`2
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`CBM2015-00179
`U.S. Patent 7,533,056
`(4) the Board’s claim constructions, failure to construe terms, and/or
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`determination of the level of ordinary skill in the art at the time of the invention;
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`(5) the Board’s determination that a cited reference qualifies as prior art
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`because it was publicly accessible under 35 U.S.C. § 102; and
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`(6) the Board’s determination that the invention of the ‘056 patent was not
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`conceived before the alleged prior art date of a Tokyo Stock Exchange document;
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`(7) the Board’s determination that the invention of the ‘056 patent was not
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`actually reduced to practice;
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`(8) the Board’s determination that the Applicant for the ‘056 patent was not
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`diligent from the alleged prior art date of a Tokyo Stock Exchange document until
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`constructively reducing the invention to practice;
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`(9) the Board’s denial and dismissal as moot of Patent Owner’s motion to
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`exclude evidence;
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`(10) the unconstitutionality of the Transitional Program for Covered
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`Business Method Patents and Covered Business Method Review (AIA § 18) under
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`Article III, the Seventh Amendment, and the Fifth Amendment of the United States
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`Constitution; and
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`(11) any other findings or determinations supporting or related to the
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`aforementioned issues, as well as all other issues decided adversely to Patent
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`Owner in any order, decision, ruling, or opinion.
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`3
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`CBM2015-00179
`U.S. Patent 7,533,056
`The remedy sought on appeal is vacatur of the Final Written Decision, see
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`Secure Axcess, LLC v. PNC Bank Nat'l Ass'n, No. 2016-1353, 2017 WL 676601,
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`*9 (Fed. Cir. Feb. 21, 2017), and/or, at a minimum, reversal of the Final Written
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`Decision.
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`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), this Notice is being
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`filed with the Director of the United States Patent and Trademark Office, and a
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`copy of this Notice is being concurrently filed with the Patent Trial and Appeal
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`Board. In addition, a copy of this Notice along with the required docketing fees are
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`being filed with the Clerk’s Office for the United States Court of Appeals for the
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`Federal Circuit via CM/ECF.
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`Date: June 29, 2017
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`Respectfully submitted,
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`MCDONNELL BOEHNEN HULBERT &
`BERGHOFF LLP
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`/Jennifer M. Kurcz/
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`Jennifer M. Kurcz,
`Back-Up Counsel, Reg. No. 54,481
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`Counsel for Patent Owner
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`300 South Wacker Drive
`Chicago, Illinois 60606
`(312) 913-0001
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`CERTIFICATION OF SERVICE
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`CBM2015-00179
`U.S. Patent 7,533,056
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`I hereby certify that on this 29th day of June, 2017, a true and correct copy of
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`the foregoing “PATENT OWNER’S NOTICE OF APPEAL” was mailed via
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`Express mail to the Director of the United States Patent and Trademark Office, at
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`the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`I also herby certify that on this 29th day of June, 2017, a true and correct
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`copy of the foregoing “PATENT OWNER’S NOTICE OF APPEAL,” and the
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`filing fee, were filed with the Clerk’s Office of the United States Court of Appeals
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`for the Federal Circuit, via CM/ECF.
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`I also herby certify that a true and correct copy of the foregoing “PATENT
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`OWNER’S NOTICE OF APPEAL,” was served by electronic mail on this 29th day
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`of June, 2017 on counsel of record for the Petitioners as follows:
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`Robert E. Sokohl
`rsokohl-PTAB@skgf.com
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`Lori A. Gordon
`lgordon-PTAB@skgf.com
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`Richard M. Bemben
`rbemben-PTAB@skgf.com
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`John C. Phillips
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`5
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`Dated: June 29, 2017
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`CBM2015-00179
`U.S. Patent 7,533,056
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`phillips@fr.com
`CBM41919-0007CP1@fr.com
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`/Cole B. Richter/
`Cole B. Richter,
`Counsel for Patent Owner,
`Reg. No. 65,398
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`By:
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`6
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