`
`
`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.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner
`
`_____________________
`
`CBM2015–00179
`Patent 7,533,056
`_____________________
`
`
`
`
`PETITIONERS’ OBJECTIONS TO
`PATENT OWNER’S DEMONSTRATIVES
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`CBM2015–00179
`Patent No. 7,533,056
`On October 12, 2016, pursuant to the Board’s September 28, 2016 Order
`
`(Paper 115), TT served 90 demonstrative slides on Petitioners for use at the oral
`
`argument in this proceeding. As set forth in Petitioners’ detailed objections below,
`
`the majority of TT’s slides rely on evidence never cited or specifically addressed in
`
`any paper before the Board, do not properly cite their evidence, and/or present new
`
`arguments. Petitioners meet and conferred with TT regarding Petitioners’
`
`objections on Monday, October 17, 2016.
`
`Demonstrative Slides 3, 7-8, 11-18
`
`Petitioners object to TT demonstrative slides 3, 7-8, 11-18, each in its
`
`entirety, because these slides do not cite to TT’s POR or any other paper in which
`
`TT advanced these arguments, and TT is improperly attempting to use this slide as
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`an additional opportunity for briefing.
`
`Demonstrative Slide 30
`
`Petitioners object to TT demonstrative slide 30 because of the first bullet.
`
`Copy of the objected-to portions:
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`Petitioners object for the following reason: the first bullet mischaracterizes
`
`Mr. Román’s testimony (i.e., mischaracterizes the record).
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`- 1 -
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`CBM2015–00179
`Patent No. 7,533,056
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`Demonstrative Slide 31
`
`Petitioners object to TT demonstrative slide 31 because of the first bullet.
`
`Copy of the objected-to portions:
`
`
`
`Petitioners object for the following reason: the first bullet mischaracterizes
`
`Mr. Román’s testimony (i.e., mischaracterizes the record).
`
`Demonstrative Slide 37
`
`Petitioners object to TT demonstrative slide 37, in its entirety, because this
`
`slide does not cite to TT’s POR or any other paper in which TT advanced these
`
`arguments, and TT is improperly attempting to use this slide as an additional
`
`opportunity for briefing.
`
`Demonstrative Slide 38
`
`Petitioners object to TT demonstrative slide 38 because of the reproduction
`
`of ¶ 68 of Ex. 2169.
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`Copy of the objected-to portions:
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`- 2 -
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`CBM2015–00179
`Patent No. 7,533,056
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`
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`Petitioners object for the following reason: this slide does not cite to TT’s
`
`POR or any other paper that cite ¶ 68 of Ex. 2169.
`
`Demonstrative Slide 39
`
`Petitioners object to TT demonstrative slide 39 because this slide does not
`
`cite to TT’s POR or any other paper that cites Ex. 1014 at 6.
`
`Demonstrative Slide 40
`
`Petitioners object to TT demonstrative slide 40 because this slide does not
`
`cite to TT’s POR or any other paper that cites Ex. 1014 at 29.
`
`Demonstrative Slide 41
`
`Petitioners object to TT demonstrative slide 41 because this slide does not
`
`cite to TT’s POR or any other paper that cites Ex. 1014 at 30.
`
`Demonstrative Slide 42
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`Petitioners object to TT demonstrative slide 42 because this slide does not
`
`cite to TT’s POR or any other paper that cites Ex. 1014 at 10.
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`- 3 -
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`CBM2015–00179
`Patent No. 7,533,056
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`Demonstrative Slide 43
`
`Petitioners object to TT demonstrative slide 43 because this slide does not
`
`cite to TT’s POR or any other paper that cites Ex. 1014 at 14.
`
`Demonstrative Slide 44
`
`Petitioners object to TT demonstrative slide 44 because this slide does not
`
`cite to TT’s POR or any other paper that cites Ex. 1014 at 298.
`
`Demonstrative Slide 45
`
`Petitioners object to TT demonstrative slide 45 because this slide does not
`
`cite to TT’s POR or any other paper that cites Ex. 1014 at 298.
`
`Demonstrative Slide 53
`
`Petitioners object to TT demonstrative slide 53 because of the annotated
`
`version of Ex. 1010, Fig. 5.
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`Copy of the objected-to portions:
`
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`- 4 -
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`CBM2015–00179
`Patent No. 7,533,056
`Petitioners object for the following reason: this slide does not cite to TT’s
`
`POR or any other paper that rely on or reproduce the annotated version of Ex.
`
`1010, Fig. 5.
`
`Demonstrative Slide 54
`
`Petitioners object to TT demonstrative slide 54 because of the annotated
`
`version of Ex. 1010, Fig. 5.
`
`Copy of the objected-to portions:
`
`
`
`Petitioners object for the following reason: this slide does not cite to TT’s
`
`POR or any other paper that rely on or reproduce the annotated version of Ex.
`
`1010, Fig. 5.
`
`Demonstrative Slide 55
`
`Petitioners object to TT demonstrative slide 55 because of the annotated
`
`version of Ex. 1010, Fig. 5.
`
`Copy of the objected-to portions:
`
`
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`- 5 -
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`CBM2015–00179
`Patent No. 7,533,056
`
`
`
`Petitioners object for the following reason: this slide does not cite to TT’s
`
`POR or any other paper that rely on or reproduce the annotated version of Ex.
`
`1010, Fig. 5.
`
`Demonstrative Slide 56
`
`Petitioners object to TT demonstrative slide 56 because of the annotated
`
`version of Ex. 1010, Fig. 5.
`
`Copy of the objected-to portions:
`
`Petitioners object for the following reason: this slide does not cite to TT’s
`
`POR or any other paper that rely on or reproduce the annotated version of Ex.
`
`
`
`1010, Fig. 5.
`
`
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`- 6 -
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`CBM2015–00179
`Patent No. 7,533,056
`
`Demonstrative Slide 61
`
`Petitioners object to TT demonstrative slide 61 because of the timeline.
`
`Copy of the objected-to portions:
`
`
`
`Petitioners object for the following reason: this slide does not cite to TT’s
`
`POR or any other paper that rely on or reproduce the timeline.
`
`Demonstrative Slide 62
`
`Petitioners object to TT demonstrative slide 62 because of the first bullet.
`
`Copy of the objected-to portions:
`
`Petitioners object for the following reason: the first bullet mischaracterizes
`
`
`
`the record.
`
`
`
`- 7 -
`
`
`
`Demonstrative Slides 68, 71, 77, and 80
`
`Petitioners object to TT demonstrative slide 68, 71, 77, and 80 because of
`
`CBM2015–00179
`Patent No. 7,533,056
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`the timeline.
`
`Copy of the objected-to portions:
`
`Petitioners object for the following reason: this slide does not cite to TT’s
`
`POR or any other paper that rely on or reproduce the timeline.
`
`
`
`Demonstrative Slide 70
`
`Petitioners object to TT demonstrative slide 70 because of the second bullet.
`
`Copy of the objected-to portions:
`
`
`
`- 8 -
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`CBM2015–00179
`Patent No. 7,533,056
`Petitioners object for the following reason: this slide does not cite to TT’s
`
`POR or any other paper that advance the argument in the second bullet.
`
`Demonstrative Slide 73
`
`Petitioners object to TT demonstrative slide 73 because of the first and third
`
`bullets.
`
`Copy of the objected-to portions:
`
`
`
`
`
`First bullet:
`
`Third bullet:
`
`
`
`
`
`Petitioners object for the following reason: this slide does not cite to TT’s
`
`POR or any other paper that advance the argument in the first bullet, and the third
`
`bullet mischaracterizes the record.
`
`Demonstrative Slide 74
`
`Petitioners object to TT demonstrative slide 74 because of its reproduction
`
`of the quote from Taskett.
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`
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`- 9 -
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`
`
`Copy of the objected-to portions:
`
`CBM2015–00179
`Patent No. 7,533,056
`
`
`
`Petitioners object for the following reason: this slide does not cite to TT’s
`
`POR or any other paper in which TT advanced these arguments, and TT is
`
`improperly attempting to use this slide as an additional opportunity for briefing.
`
`Demonstrative Slide 79
`
`Petitioners object to TT demonstrative slide 79, in its entirety, because this
`
`slide does not cite to TT’s POR or any other paper in which TT advanced these
`
`arguments, and TT is improperly attempting to use this slide as an additional
`
`opportunity for briefing.
`
`Demonstrative Slide 88
`
`Petitioners object to TT demonstrative slide 88, in its entirety, because this
`
`slide does not cite to TT’s POR or any other paper in which TT advanced these
`
`arguments, and TT is improperly attempting to use this slide as an additional
`
`opportunity for briefing.
`
`
`
`
`
`These objections are made at least two business days before the October 19,
`
`2016 oral hearing.
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`
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`- 10 -
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`
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`CBM2015–00179
`Patent No. 7,533,056
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`
`
`/ Robert Sokohl/
`
`
`Robert E. Sokohl (Reg. No. 36,013)
`Lori A. Gordon (Reg. No. 50,633)
`Richard M. Bemben (Reg. No. 68,658)
`Attorneys for Petitioners
`
`
`
`
`Date: October 17, 2016
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005–3934
`(202) 371–2600
`
`
`
`
`
`- 11 -
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`
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`CBM2015–00179
`Patent No. 7,533,056
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
`The undersigned hereby certifies that the foregoing PETITIONERS’
`
`OBJECTIONS TO PATENT OWNER’S DEMONSTRATIVES was served
`
`electronically via e–mail on October 17, 2016, in its entirety on Attorneys for
`
`Patent Owner:
`
`Erika H. Arner, Joshua L. Goldberg, Kevin D. Rodkey,
`Rachel L. Emsley, Cory C. Bell
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`
`Erika.arner@finnegan.com
`Joshua.goldberg@finnegan.com
`Kevin.rodkey@finnegan.com
`Rachel.emsley@finnegan.com
`Cory.bell@finnegan.com
`Trading–Tech–CBM@finnegan.com
`
`Steven F. Borsand
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`tt–patent–cbm@tradingtechnologies.com
`
`Michael D. Gannon, Leif R. Sigmond, Jr., and Jennifer M. Kurcz
`MCDONNELL BOEHNEN HULBERT & BERGHOFF LLP
`gannon@mbhb.com
`sigmond@mbhb.com
`kurcz@mbhb.com
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`
`
`
`Date: October 17, 2016
`1100 New York Avenue, N.W.
`Washington, D.C. 20005–3934
`(202) 371–2600
`
`
`/Robert Sokohl/
`
`
`Robert E. Sokohl (Reg. No. 36,013)
`Lori A. Gordon (Reg. No. 50,633)
`Richard M. Bemben (Reg. No. 68,658)
`Attorneys for Petitioners
`
`
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