`571-272-7822
`
`
`
`
`Paper 59
`Entered: June 15, 2016
`
`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.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`
`CBM2015-00179 (Patent No. 7,533,056 B2)
`CBM2015-00181 (Patent No. 7,676,411 B2)
`CBM2015-00182 (Patent No. 6,772,132 B1)
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and
`JEREMY M. PLENZLER, Administrative Patent Judges.
`
`PLENZLER, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`On June 14, 2016, a conference call was held between counsel for
`Petitioners, counsel for Patent Owner, and Judges Medley, Petravick and
`Plenzler. Patent Owner provided a court reporter and will file a transcript of
`the call in the record. The call was requested by Patent Owner to discuss its
`
`
`
`CBM2015-00179 (Patent No. 7,533,056 B2)
`CBM2015-00181 (Patent No. 7,676,411 B2)
`CBM2015-00182 (Patent No. 6,772,132 B1)
`
`request to videotape the upcoming deposition of Mr. Kawashima,
`Petitioner’s witness, on June 17, 2016. Patent Owner and Petitioner
`indicated that they were unable to come to an agreement as to allowing
`videotaping of the deposition testimony, but that they had not discussed an
`audio recording of that testimony.
`Patent Owner indicated that it requests videotaping the testimony
`because the transcript will include only the English language translations,
`and will not capture the actual foreign language testimony. Patent Owner
`also indicated that videotaping the testimony is necessary to capture Mr.
`Kawashima’s reactions for purposes such as credibility. Based on the facts
`of this case, including the circumstances under which Mr. Kawashima will
`be testifying in this proceeding, we do not believe videotaping the testimony
`of Mr. Kawashima is necessary.
`We appreciate, however, Patent Owner’s concerns regarding the
`deposition transcript not capturing the foreign-language portions of the
`testimony. In order to address these concerns, we asked Petitioner whether
`it would oppose an audio recording of the deposition testimony. Petitioner
`indicated that it is not opposed to an audio recording of the deposition
`testimony.
`
`Accordingly, we authorize the parties to record the testimony of Mr.
`Kawashima via audio recording only. That recording shall not be entered
`into the record. If either party seeks entry of that recording into the record, a
`further conference must be held with the Board to seek permission for its
`entry.
`
`
`
`2
`
`
`
`CBM2015-00179 (Patent No. 7,533,056 B2)
`CBM2015-00181 (Patent No. 7,676,411 B2)
`CBM2015-00182 (Patent No. 6,772,132 B1)
`
`It is:
`
`ORDERED that the parties are authorized to record the testimony of
`
`Mr. Kawashima via audio recording only; and
`
`FURTHER ORDERED that the audio recording shall not be entered
`in this proceeding without further permission from the Board.
`
`
`PETITIONER:
`Robert Sokohl
`Lori Gordon
`Jonathan Strang
`Richard Bemben
`STERN, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`rsokohl-ptab@skgf.com
`lgordon-ptab@skgf.com
`jstrang-ptab@skgf.com
`rbemben-ptab@skgf.com
`
`John C. Phillips
`FISH & RICHARDSON, P.C.
`CBM41919-0007CP1@fr.com
`
`PATENT OWNER:
`Erika H. Arner
`Joshua L. Goldberg
`Kevin D. Rodkey
`Rachel L. Emsley
`FINNEGAN, HENDERSON, FARABOW,
`GARRET & DUNNER, LLP
`erika.arner@finnegan.com
`joshua.goldberg@finnegan.com
`kevin.rodkey@finnegan.com
`
`3
`
`
`
`CBM2015-00179 (Patent No. 7,533,056 B2)
`CBM2015-00181 (Patent No. 7,676,411 B2)
`CBM2015-00182 (Patent No. 6,772,132 B1)
`
`rache.emsley@finnegan.com
`
`Steven F. Borsand
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`tt-patent-cbm@tradingtechnologies.com
`
`Michael D. Gannon
`Leif R. Sigmond, Jr.
`McDONNELL BOEHNEN HULBERT & BERGHOFF LLP
`gannon@mbhb.com
`sigmond@mbhb.com
`
`4
`
`
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