`
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 91
`Entered: August 11, 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.
`
`CBM2015-00161 (Patent No. 6,766,304 B2)1
`CBM2015-00172 (Patent No. 7,783,556 B1)
`CBM2015-00179 (Patent No. 7,533,056 B2)2
`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.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`ORDER
`Authorizing the Filing of a Motion to Submit Supplemental Information
`37 C.F.R. § 42.20 and 37 C.F.R. § 42.223(b)
`
`
`
`1 Case CBM2016-00035 has been joined with this proceeding.
`2 Case CBM2016-00040 has been joined with this proceeding.
`
`
`
`CBM2015-00161 (Patent No. 6,766,304 B2)
`CBM2015-00172 (Patent No. 7,783,556 B1)
`CBM2015-00179 (Patent No. 7,533,056 B2)
`CBM2015-00181 (Patent No. 7,676,411 B2)
`CBM2015-00182 (Patent No. 6,772,132 B1)
`
`
`On August 10, 2016, a conference call was held between counsel for
`Patent Owner, counsel for Petitioners, and Judges Medley, Petravick, and
`Plenzler. Patent Owner requested the conference call to seek authorization
`to file a motion seeking to submit supplemental information and
`corresponding supplemental briefing. Petitioners opposed the request. A
`court reporter was present during the conference call, and the transcript
`should be filed into the record when it becomes available.
`
`After consideration of the information presented during the call, we
`authorize Patent Owner to file a motion seeking to submit supplemental
`information and corresponding supplemental briefing. Pursuant to 37 C.F.R.
`§ 42.223(b), the motion “must show why the supplemental information
`reasonably could not have been obtained earlier, and that consideration of
`the supplemental information would be in the interests-of-justice.” The
`motion is limited to 15 pages and must be filed no later than August 16,
`2016. Patent Owner is not authorized to file any other listings, papers, or
`exhibits containing arguments that should be presented in the motion itself.
`
`The information Patent Owner seeks to submit as supplemental
`information should not be filed into the record at this time. The information
`may be filed if and when the motion is granted. Patent Owner, however,
`may summarize the information in the motion itself to show that
`consideration of the information would be in the interests-of-justice.
`
`During the call, Patent Owner indicated that it seeks to file
`approximately 97 documents as supplemental information. This number of
`documents is significant and likely more information than can be sufficiently
`
`2
`
`
`
`CBM2015-00161 (Patent No. 6,766,304 B2)
`CBM2015-00172 (Patent No. 7,783,556 B1)
`CBM2015-00179 (Patent No. 7,533,056 B2)
`CBM2015-00181 (Patent No. 7,676,411 B2)
`CBM2015-00182 (Patent No. 6,772,132 B1)
`
`addressed in any supplemental briefing should the motion be granted. In
`addition, Petitioners would be unduly burdened by having to address 97 new
`documents at this stage of the proceeding. The motion, thus, is limited to
`seeking submission of 10 documents as supplemental information.
`
`Petitioners may file an opposition, limited to 15 pages, no later than
`August 22, 2016, and Patent Owner may file a reply, limited to 5 pages, no
`later than August 24, 2016.
`
`It is so ORDERED.
`
`PETITIONER:
`
`John Phillips
`FISH & RICHARDSON P.C.
`
`CBM41919-0008CP1@fr.com
`
`Michael T. Rosato
`Matthew A. Argenti
`WILSON SONSINI GOODRICH & ROSATI
`
`mrosato@wsgr.com
`margenti@wsgr.com
`
`Robert Sokohl
`Lori Gordon
`Richard Bemben
`STERN, KESSLER, GOLDSTEIN & FOX
`
`Rsokohl-ptab@skgf.com
`Lgordon-ptab@skgf.com
`Rbemben-ptab@skgf.com
`
`3
`
`
`
`CBM2015-00161 (Patent No. 6,766,304 B2)
`CBM2015-00172 (Patent No. 7,783,556 B1)
`CBM2015-00179 (Patent No. 7,533,056 B2)
`CBM2015-00181 (Patent No. 7,676,411 B2)
`CBM2015-00182 (Patent No. 6,772,132 B1)
`
`
`PATENT OWNER:
`Erika H. Arner
`Joshua L. Goldberg
`Kevin D. Rodkey
`Rachel L. Emsley
`Cory Bell
`FINNEGAN, HENDERSON, FARABOW,
`GARRET & DUNNER, LLP
`erika.arner@finnegan.com
`joshua.goldberg@finnegan.com
`kevin.rodkey@finnegan.com
`rachel.emsley@finnegan.com
`cory.bell@finnegan.com
`
`Michael Gannon
`Leif Sigmond
`Jennifer Kurcz
`MCDONNELL BOEHNEN HULBERT & BERGHOFF LLP
`
`gannon@mbhb.com
`sigmond@mbhb.com
`kurcz@mbhb.com
`
`Steven F. Borsand
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`tt-patent-cbm@tradingtechnologies.com
`steve.borsand@tradingtechnologies.com
`
`
`4
`
`
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