`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.
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`Petitioners
`v.
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`TRADING TECHNOLOGIES INTERNATIONAL, INC.
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`Patent Owner
`_________________
`Case CBM2015-00182
`U.S. Patent 6,772,132
`_________________
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`PATENT OWNER’S NOTICE OF APPEAL
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`via PTAB E2E
`Patent Trial and Appeal Board
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`via Hand Delivery and First Class Mail
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
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`via CM/ECF
`United States Court of Appeals for the Federal Circuit
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`CBM2015-00182
`U.S. Patent 6,772,132
`Pursuant to 35 U.S.C. §§ 141 and 142, and 37 C.F.R. §§ 90.2 and 90.3,
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`Patent Owner, Trading Technologies International, Inc. (TT), hereby provides
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`notice that it appeals to the United States Court of Appeals for the Federal Circuit
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`from the Final Written Decision (Paper 129) entered on February 28, 2017, from
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`the Decision Denying Patent Owner’s Request for Rehearing (Paper 135) entered
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`April 26, 2017, and from all underlying orders, decisions, rulings, institutions, and
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`opinions regarding U.S. Patent 6,772,132 (“the ’132 patent”) at issue in Covered
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`Business Method No. CBM2015-00182. This notice of appeal is timely filed
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`because it is filed within 63 days of the April 26, 2017 Decision (Paper 135)
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`Denying Patent Owner’s Request For Rehearing.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), the issues on cross-appeal
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`include, but may not be limited to:
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`(1) the Board’s determination that it had jurisdiction to issue the Final
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`Written Decision because the ‘132 patent is a covered business method patent
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`under § 18 of the American Invents Act;
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`(2) the Board’s determination that claims 1-28, 30-38, 40-48, 50-56 are
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`unpatentable under 35 U.S.C. § 103;
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`(3) the Board’s determination that claims 1-56 are ineligible under 35 U.S.C.
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`§ 101;
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`CBM2015-00182
`U.S. Patent 6,772,132
`(4) the Board’s claim constructions, failure to construe terms, and/or
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`determination of the level of ordinary skill in the art at the time of the invention;
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`(5) the Board’s determination that a cited reference qualifies as prior art
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`because it was because it was publically accessible under 35 U.S.C. § 102;
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`(6) the Board’s determination that there was no violation of Patent Owner’s
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`due process rights under the Fifth Amendment to the U.S. Constitution and
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`separation-of-powers principles;
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`(7) the Board’s denial and dismissal as moot of Patent Owner’s motion to
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`exclude evidence; and
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`(8) any other findings or determinations supporting or related to the
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`aforementioned issues, as well as all other issues decided adversely to Patent
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`Owner in any order, decision, ruling, or opinion.
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`The remedy sought on cross-appeal is vacatur of the Final Written Decision,
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`see Secure Axcess, LLC v. PNC Bank Nat'l Ass'n, No. 2016-1353, 2017 WL
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`676601, at *9 (Fed. Cir. Feb. 21, 2017), and/or, at a minimum, reversal of the Final
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`Written Decision.
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`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), this Notice is being
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`filed with the Director of the United States Patent and Trademark Office, and a
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`copy of this Notice is being concurrently filed with the Patent Trial and Appeal
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`Board. In addition, a copy of this Notice along with the required docketing fees are
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`CBM2015-00182
`U.S. Patent 6,772,132
`being filed with the Clerk’s Office for the United States Court of Appeals for the
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`Respectfully submitted,
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`MCDONNELL BOEHNEN HULBERT &
`BERGHOFF LLP
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`/Jennifer M. Kurcz/
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`Jennifer M. Kurcz,
`Back-Up Counsel, Reg. No. 54,481
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`Counsel for Patent Owner
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`300 South Wacker Drive
`Chicago, Illinois 60606
`(312) 913-0001
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`Federal Circuit via CM/ECF.
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`
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`Date: May 15, 2017
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`CERTIFICATION OF SERVICE
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`CBM2015-00182
`U.S. Patent 6,772,132
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`I hereby certify that on this 15th day of May, 2017, a true and correct copy of
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`the foregoing “PATENT OWNER’S NOTICE OF APPEAL” was Hand Delivered
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`to:
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`United States Patent and Trademark Office
`401 Dulany Street
`Alexandria, VA 22314
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`and mailed via Express mail to the Director of the United States Patent and
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`Trademark Office, at the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`I also herby certify that on this 15th day of May, 2017, a true and correct
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`copy of the foregoing “PATENT OWNER’S NOTICE OF APPEAL,” and the
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`filing fee, were filed with the Clerk’s Office of the United States Court of Appeals
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`for the Federal Circuit, via CM/ECF.
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`I also herby certify that a true and correct copy of the foregoing “PATENT
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`OWNER’S NOTICE OF APPEAL,” was served by electronic mail on this 15th day
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`of May, 2017 on counsel of record for the Petitioners as follows:
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`Robert E. Sokohl
`rsokohl-PTAB@skgf.com
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`CBM2015-00182
`U.S. Patent 6,772,132
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`Lori A. Gordon
`lgordon-PTAB@skgf.com
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`Richard M. Bemben
`rbemben-PTAB@skgf.com
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`John C. Phillips
`phillips@fr.com
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`/Cole B. Richter/
`Cole B. Richter,
`Counsel for Patent Owner,
`Reg. No. 65,398
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`By:
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`Dated: May 15, 2017
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