`Sent:
`To:
`
`Cc:
`
`Subject:
`
`Rodkey, Kevin
`Monday, October 19, 2015 3:22 PM
`rsokohl-PTAB@skgf.com; lgordon-ptab@skgf.com; rbemben-PTAB@skgf.com;
`PTAB@skgf.com
`Arner, Erika; Goldberg, Joshua; Emsley, Rachel; Rodkey, Kevin; tt-patent-
`cbm@tradingtechnologies.com
`CBM2015-00181
`
`Counsel,
`
`Pursuant to Rule 42.51(b)(1)(iii), at the time Tradestation and IBG filed their petition, they were obligated to serve on
`Trading Technologies (“TT”) evidence related to Tradestation’s and IBG’s assertion that they are the only real parties‐in‐
`interest in this matter. Tradestation, IBG, and CQG jointly represented that CQG was “preparing” to file the petition
`against TT’s ’411 patent, at issue in this proceeding (CBM2015‐00161, Ex. 2003 at 8), but CQG is not named as a real
`party‐in‐interest in the petition.
`
`Under the Rules, Tradestation and IBG should have served on TT all communications and agreements between
`Tradestation, IBG, and CQG related to the filing of the petition against TT’s ’411 patent and any court documents that
`discuss coordination by Tradestation, IBG, and CQG in filing this petition, including the communications related to
`Tradestation’s, CQG’s, and IBG’s representation that CQG was preparing the present petition. Accordingly, please
`confirm that Tradestation and IBG will serve, no later than October 22, 2015, on TT:
`
`
`All communications and agreements between Tradestation and CQG; IBG and CQG; or Tradestation, IBG, and
`CQG related to the filing, preparation, or funding of any post‐grant proceeding (filed or anticipated) against TT’s
`U.S. Patent No. 7,676,411, including but not limited to communications and agreements that led Tradestation,
`IBG, and CQG to represent that CQG was preparing the petition against TT’s ’411 patent (CBM2015‐00161, Ex.
`2003 at 8), and documents referencing such communications and agreements with CQG related to any post‐
`grant review of the ’411 patent.
`
`
`To the extent Tradestation or IBG refuses to serve such documents on TT, TT will request a call with the Board to seek
`authorization file a motion for additional discovery. If you refuse to produce these documents, please let us know your
`availability for a call with the Board.
`
`Best regards,
`Kevin
`
`Kevin Rodkey
`Attorney at Law
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`3500 SunTrust Plaza | 303 Peachtree Street, NE
`Atlanta, GA 30308-3263
`404.653.6484 | fax 404.653.6444 | kevin.rodkey@finnegan.com | www.finnegan.com
`
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`TRADING TECH EXHIBIT 2004
`IBG ET AL. v. TRADING TECH
`CBM2015-00181