`571.272.7822
`
` Paper No. 15
`
` Entered: November 17, 2015
`
`
`
`
`
`
`
`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.
`____________
`
`CBM2015-00181
`Patent 7,676,411 B2
`____________
`
`
`Before SALLY C. MEDLEY and PHILIP J. HOFFMANN,
`Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`On November 13, 2015, a conference call was held involving counsel
`for the respective parties and Judges Medley and Hoffmann. Patent Owner
`requested the call to seek authorization to file a motion for additional
`discovery. Prior to the conference call, Petitioner informed the Board and
`
`
`
`
`
`
`CBM2015-00181
`Patent 7,676,411 B2
`
`
`
`
`opposing counsel that during the call, it would seek leave to file a motion for
`sanctions.
`
`Patent Owner seeks additional discovery of documents related to
`whether CQG, Petitioner in related CBM2015-00057 and CBM2015-00058,
`is a real party-in-interest.
`Upon consideration of the record, and the discussion had, Patent
`Owner is authorized to file a motion for additional discovery, limited to 15
`pages, by November 19, 2015. The motion should state precisely the
`discovery sought and address the factors for granting a motion for additional
`discovery set forth in Garmin Int’l, Inc. v. Cuozzo Speed Techs. LLC, Case
`No. IPR2012-00001, Paper 26, 6–7 (PTAB, Mar. 5, 2013)(informative).
`Although articulated for inter partes reviews, the Garmin factors apply also
`to covered business method patent reviews, modified to reflect the slightly
`lower good cause standard applied in covered business method patent
`reviews. See 37 C.F.R. § 42.224; see Bloomberg Inc. v. Markets-Alert Pty
`Ltd., CBM2013-00005, Paper 32, 2–5 (PTAB, May 29, 2013). Petitioner is
`authorized to file an opposition to the motion, limited to 15 pages, by
`November 27, 2015. Patent Owner is authorized to file a reply, limited to 5
`pages, by December 3, 2015.
`
`Petitioner requests authorization to file a motion for sanctions against
`Patent Owner.1 Petitioner alleges that letters2 sent to the Under Secretary
`of Commerce for Intellectual Property and Director of the United States
`
`
`1 See, e.g., pages 15–16 of Exhibit 2001, which is a copy of the transcript of
`the conference call, listing the sanctions Petitioner seeks.
`2 Patent Owner filed copies of the letters in related case CBM2015-00161
`(Exhibits 2001, 2014, and 2094).
`
`2
`
`
`
`CBM2015-00181
`Patent 7,676,411 B2
`
`
`
`
`Patent and Trademark Office from Trading Technologies International, Inc.
`amounted to improper ex parte communications. Upon consideration of the
`arguments presented, Petitioner is not authorized to file a motion for
`sanctions. It is the goal of the Board to administer proceedings in a just,
`speedy, and inexpensive way. 37 C.F.R. § 42.1(b). We have determined
`that considering a motion for sanctions based on the facts presented would
`frustrate that goal.
`Accordingly, it is:
`ORDERED that Patent Owner is authorized to file a motion for
`additional discovery under 37 C.F.R. § 42.5(b)(2) by November 19, 2015,
`limited to 15 pages; Petitioner is authorized to file an opposition by
`November 27, 2015, limited to 15 pages; and Patent Owner is authorized to
`file a reply by December 3, 2015, limited to 5 pages; and
`
`FURTHER ORDERED that Petitioner’s request to file a motion for
`sanctions is denied.
`
`
`
`3
`
`
`
`CBM2015-00181
`Patent 7,676,411 B2
`
`
`
`
`
`
`PETITIONER:
`
`
`
`Robert E. Sokohl
`Lori Gordon
`Richard M. Bemben
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`rsokohl-PTAB@skgf.com
`lgordon-PTAB@skgf.com
`rbemben-PTAB@skgf.com
`
`
`PATENT OWNER:
`
`Erika H. Arner
`Joshua L. Goldberg
`Kevin D. Rodkey
`Rachel L. Emsley
`FINNEGAN, HENDERSON FARABOW,
` GARRETT & DUNNER, LLP
`erika.arner@finnegan.com
`joshua.goldberg@finnegan.com
`kevin.rodkey@finnegan.com
`rachel.emsley@finnegan.com
`
`Steven F. Borsand
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`tt-patent-cbm@tradingtechnologies.com
`
`4
`
`
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