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.
`.
`
`Petitioner
`v.
`
` Paper No. ____
`
` Filed: August 24, 2016
`
`
`
`
`
`
`
` TRADING TECHNOLOGIES INTERNATIONAL, INC.
`
`Patent Owner
`_________________
`Case CBM2015-00179
`U.S. Patent 7,533,056
`_________________
`
`PATENT OWNER’S MOTION TO SEAL
`
`
`
`
`
`
`
`
`__________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`IBG LLC; INTERACTIVE BROKERS LLC;
`TRADESTATION GROUP, INC.; TRADESTATION SECURITIES, INC.;
`TRADESTATION TECHNOLOGIES, INC.; and
`IBFX, INC.
`.
`
`Petitioner
`v.
`
` Paper No. ____
`
` Filed: August 24, 2016
`
`
`
`
`
`
`
` TRADING TECHNOLOGIES INTERNATIONAL, INC.
`
`Patent Owner
`_________________
`Case CBM2015-00179
`U.S. Patent 7,533,056
`_________________
`
`PATENT OWNER’S MOTION TO SEAL
`
`
`
`
`
`
`
`
`
`Case CBM2015-00179
`U.S. Patent 7,533,056
`
`I.
`
`Introduction
`
`Patent Owner requests that the confidential version of its Reply in Support
`
`of its Motion for Supplemental Information and Supplemental Briefing be sealed
`
`under 37 C.F.R. § 42.54. Good cause to seal these documents exists because a
`
`public version of the Patent Owner’s Reply has also been filed, and because the
`
`unredacted Reply contains information identified by Petitioners as confidential,
`
`which they indicated must be filed under seal. See, e.g., Ex. 2393, 19.
`
`II. Governing Rules and PTAB Guidance
`
`Under 35 U.S.C. § 326(a)(1), the default rule is that all papers filed in a post-
`
`grant review are open and available for access by the public, but a party may file a
`
`concurrent motion to seal and the information at issue is sealed pending the
`
`outcome of the motion.
`
`37 C.F.R. § 42.14 provides:
`
`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.
`It is, however, only “confidential information” that is protected from disclosure. 35
`
`U.S.C. § 326(a)(7)(“The Director shall prescribe regulations -- . . . providing for
`
`
`
`2
`
`
`
`Case CBM2015-00179
`U.S. Patent 7,533,056
`protective orders governing the exchange and submission of confidential
`
`information”). In that regard, the Office Trial Practice Guide, 77 Fed. Reg. 48756,
`
`48760 (Aug. 14, 2012) provides:
`
`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.
`
`§ 42.54, and the moving party has the burden of proof in showing entitlement to
`
`the requested relief, 37 C.F.R. § 42.20(c).
`
`A motion to seal is also required to include a proposed protective order and a
`
`certification that the moving party has in good faith conferred or attempted to
`
`confer with the opposing party in an effort to come to an agreement as to the scope
`
`of the proposed protective order for this CBM review. 37 C.F.R. § 42.54.
`
`III.
`
`Identification of Confidential Information
`
`The confidential information consists of discussions in Patent Owner’s
`
`Reply relating to Petitioners’ confidential information. Patent Owner has been
`
`
`
`3
`
`
`
`Case CBM2015-00179
`U.S. Patent 7,533,056
`advised by counsel for Petitioners that this information has not been published or
`
`otherwise been made public.
`
`IV. Good Cause Exists for Sealing the Confidential Information
`Petitioners have asserted that the identified information is either confidential
`
`or highly confidential under the protective order in the corresponding district court
`
`litigation. Through these designations, Petitioners represented to Patent Owner that
`
`the information at issue consists of sensitive information that a business would not
`
`make public and that good cause thus exists for sealing the information in this
`
`proceeding. Moreover, all of the non-confidential information will be publically
`
`available in the non-confidential versions of the documents that have been filed.
`
`Accordingly, there is good cause to grant this motion to seal.
`
`V.
`
`Proposed Protective Order
`
`The parties have signed acknowledgements for the Default Protective Order
`
`located in Appendix B of the Trial Practice Guide, indicating agreement to treat the
`
`materials in accordance with the Default Protective Order. In accordance with the
`
`terms of the Default Protective Order, both confidential and non-confidential
`
`versions of the document have been filed.
`
`VI. Conclusion
`For the reasons set forth above, Patent Owner respectfully requests that the
`
`Board grant this motion to seal.
`
`
`
`
`
`4
`
`
`
`Case CBM2015-00179
`U.S. Patent 7,533,056
`Respectfully Submitted,
`
`By: /Rachel L. Emsley/
`Rachel L. Emsley, Reg. No. 63,558
`
`
`
`Date: August 24, 2016
`
`
`
`5
`
`
`
`Case CBM2015-00179
`U.S. Patent 7,533,056
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Patent
`
`
`
`Owner’s Motion to Seal was served on August 24, 2016, via email directed to
`
`counsel of record for the Petitioner at the following:
`
`Robert Sokohl
`rsokohl-PTAB@skgf.com
`
`Lori Gordon
`lgordon-PTAB@skgf.com
`
`Richard Bemben
`rbemben-PTAB@skgf.com
`
`John C. Phillips
`CBM41919-0007CP1@fr.com
`
`PTAB@skgf.com
`
`
`
`
`
`
`/Valencia Daniel/
`Valencia Daniel
`Litigation Legal Assistant
`
`Finnegan, Henderson, Farabow, Garrett
`& Dunner, LLP
`
`
`6
`
`Dated: August 24, 2016
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