`
`
`
`
`
`
`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
`___________________
`
`Case CBM2015-00181
`Patent 7,676,411
`___________________
`
`
`
`PETITIONERS’ MOTION TO SEAL
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`
`
`I.
`
`RELIEF REQUESTED
`
`CBM2015-00181
`U.S. Patent No. 7,676,411
`
`
`Petitioners respectfully request that the Board maintain as confidential and
`
`under seal the entirety of Exhibit 1052 – the deposition transcript of Christopher H.
`
`Thomas which was marked confidential by TT.
`
`II. GOOD CAUSE EXISTS FOR SEALING THIS CONFIDENTIAL
`INFORMATION.
`
`The Board may issue this order “for good cause.” 37 C.F.R. § 42.54. For
`
`good cause, the Board needs to know why information sought to be sealed
`
`constitutes confidential information. Garmin Int’l, Inc. v. Cuozzo Speed Techs.
`
`LLC, IPR2012-00001, Paper 36, Decision on Revised Mot. to Seal, p. 4 (P.T.A.B.
`
`Apr. 5, 2013). The Board then balances the needs in protecting the information
`
`against the public’s interest in maintaining a complete and understandable file
`
`history. Id. at 8.
`
`During the deposition of Mr. Thomas, the parties stipulated to designate the
`
`entirety of the deposition transcript of Mr. Thomas as Confidential and pursuant to
`
`the Protective Order. In light of the agreement of the parties, Petitioner respectfully
`
`requests that Exhibit 1052 remain under seal until this Board has ruled otherwise.
`
`To the best of Petitioner’s knowledge, the documents sought to be protected
`
`have not been made publically available.
`
`- 1 -
`
`
`
`It is therefore respectfully requested that the Board issue an Order regarding
`
`CBM2015-00181
`U.S. Patent No. 7,676,411
`
`
`the confidentiality of Exhibit 1052.
`
`
`
`
`Date: September 9, 2016
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`3159648_3.DOCX
`
`
`
`
`
`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
`
`
`- 2 -
`
`
`
`
`
`CBM2015-00181
`U.S. Patent No. 7,646,411
`
`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that the foregoing MOTION TO SEAL
`
`was served electronically via e-mail on September 9, 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.
`
`
`/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: September 9, 2016
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`
`
`
`
`
`
`
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
