`
`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 CBM2015-00 179
`Patent No. 7,533,056
`
`PETITIONERS’ OBJECTIONS TO PATENT OWNER’S
`EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`Mail Stop "PATENT BOARD"
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 223 13-1450
`
`
`
`Petitioners’ Objections to TT’s Evidence
`CBM20 15-00179
`IBG LLC, Interactive Brokers LLC, TradeStation Group, Inc., TradeStation
`
`Securities, Inc., TradeStation Technologies, Inc., and IBFX, Inc. (collectively,
`
`"Petitioners") object under 37 C.F.R. § 42.64 to the admissibility of the following
`
`evidence Trading Technologies International, Inc. ("TT" or "Patent Owner")
`
`served on Monday, July 18, 2016:
`
`TT Exhibit No. Description
`
`2337
`
`2338
`
`Declaration of Jennifer M. Kurcz
`
`Video of T. Biddulph’s Software Examination
`
`Petitioners ask the Patent Trial and Appeal Board to deny the admission and
`
`consideration of the following documents on the following bases:
`
`I. FRE ARTICLE IV - RELEVANCE AND ITS LIMITS
`
`Petitioners object to Exhibit Nos. 2337 and 2338 as irrelevant under FRE
`
`401 and thus inadmissible under FRE 402, or as confusing or a waste of time under
`
`FRE 403, because these exhibits are not relevant to any issue remaining in this
`
`proceeding, such as patentability of the subject matter, broadest reasonable
`
`interpretation of the claims, anticipation of the claims in view of the prior art, or
`
`obviousness of the claims in view of the prior art.
`
`-2-
`
`
`
`Petitioners’ Objections to TT’s Evidence
`CBM201 5-00179
`
`II.
`
`FRE ARTICLE VI(cid:151) WITNESSES
`
`Petitioners object to Exhibit No. 2337 for lack of foundation. Patent Owner
`
`has not shown that the declarant has personal knowledge of the subject matter of
`
`the testimony as required by FRE 602.
`
`Petitioners object to Exhibit No. 2338 as an improper demonstrative. Patent
`
`Owner has not established a proper foundation for the evidence set forth in the
`
`document.
`
`III.
`
`FRE ARTICLE X - CONTENTS OF WRITINGS, RECORDINGS,
`AND PHOTOGRAPHS
`
`To the extent Patent Owner relies on the contents of Exhibit No. 2338 to
`
`prove the content of the original document, Petitioners object to this document as
`
`not being an original document under FRE 1002, an authentic duplicate under FRE
`
`1003, nor a document that falls under any exceptions to the original-document
`
`requirement, including those of FRE 1004.
`
`These objections are made within five business days from the July 18, 2016
`
`service of TT’s exhibits.
`
`STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
`
`Date: 7/25/2016
`
`/Richard M. Bemben #68658/
`
`1100 New York Avenue, N.W. (cid:9)
`Washington, D.C. 20005-3934 (cid:9)
`(202) 371-2600 (cid:9)
`
`Robert E. Sokohi, Reg. No. 36,013
`Lori A. Gordon, Reg. No, 50,633
`Richard M. Bemben, Reg. No. 68,658
`Attorneys for Petitioners
`
`-3-
`
`(cid:9)
`
`
`Petitioners’ Objections to TT’s Evidence
`CBM201 5-00179
`
`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that on July 25, 2016, the attached
`
`Petitioners’ Objections to Patent Owner’s Evidence Pursuant to 37 C.F.R.
`
`§ 42.64(b)(1) were served electronically via e-mail upon the following counsel for
`
`Patent Owner, TT:
`
`Erika H. Arner, Joshua L. Goldberg, Kevin D. Rodkey,
`Rachel L. Ernsley, Cory C. Bell
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`Erika. arnerfinnegan. corn
`Joshua.goldberg@finnegan. corn
`Kevin.rodkey@finnegan. corn
`Rachel.ernsley@finnegan.com
`Cory. bell @finnegan. corn
`Trading-Tech-CBM@finnegan. corn
`
`Steven F. Borsand
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`tt-patent-ebm@tradingtechnologies.com
`
`Michael D. Gannon, Leif R. Sigrnond, Jr., and Jennifer M. Kurcz
`MCDONNELL BOEFINEN HULBERT & BERGHOFF LLP
`gannon@mbhb.com
`sigmond@mbhb.com
`kurcz@mbhb.com
`
`STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
`
`Date: 7/25/2016
`
`/Richard M. Bemben #68658/
`
`1100 New York Avenue, N. W. (cid:9)
`Washington, D.C. 20005-3934 (cid:9)
`(202) 371-2600 (cid:9)
`28405131 .DOCX (cid:9)
`
`Robert E. Sokohl, Reg. No. 36,013
`Lori A. Gordon, Reg. No. 50,633
`Richard M. Bemben, Reg. No. 68,658
`Attorneys for Petitioners
`
`-4-
`
`(cid:9)
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
