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`Trials@uspto.gov
`571-272-7822
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`
`
`
`Paper 65
`Entered: June 30, 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
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`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 June 27, 2016, Patent Owner filed a Patent Owner’s Response in
`
`each of these proceedings. Paper 64.3 In some of the Patent Owner’s
`Responses, Patent Owner includes requests that are essentially unauthorized
`motions. E.g., see id. at 76–77 (“TT renews that extension request here to
`give the parties an opportunity to build a record by introducing relevant
`evidence”), id. at 72, n. 8 (“Patent Owner requests authorization to submit an
`offer of proof under FRE 103(a)”). Patent Owner included these
`unauthorized motions despite our Order, entered on June 24, 2016 and
`referenced in Patent Owner’s Response (id. at 71–72), that indicated that
`such requests were unauthorized motions and that our Rules prohibit the
`filing of motions without Board authorization and prohibit combining
`motions with other papers. Paper 60, 6–7 (citing 37 C.F.R. § 42.20(a), 37
`C.F.R. § 42.6(3)). The unauthorized motions and Patent Owner Responses
`containing the unauthorized motions will not be considered. Patent Owner,
`however, may refile Corrected Patent Owner Responses in compliance with
`the following.
`
`In particular, Patent Owner must review the entirety of the Patent
`Owner’s Responses to identify all unauthorized motions, not just the
`examples mentioned above. If a Patent Owner’s Response includes
`unauthorized motions, Patent Owner may file a Corrected Patent Owner’s
`Response. All unauthorized motions must be omitted from the Corrected
`Patent Owner’s Response. No other material should be omitted, added, or
`
`
`3 For the purposes of this Order, CBM2015-00161 is representative and all
`citations are to papers in CBM2015-00161 unless otherwise noted.
`
`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)
`
`altered in the Corrected Patent Owner’s Responses. The Corrected Patent
`Owner’s Response must be accompanied by a certification that it does not
`include any unauthorized motions, including a statement that no other
`material has been omitted, added, or altered in the Corrected Patent Owner’s
`Response. If a Patent Owner’s Response does not include any unauthorized
`motions, Patent Owner must file a certification stating that no unauthorized
`motions are requested in the specific Patent Owner’s Response. The above
`described certifications shall be filed as a separate paper in each proceeding.
`
`In addition to the certifications above, and in the same certification
`paper, Patent Owner’s lead counsel must certify that she understands that
`pursuant to Board Rules, 1) a request for relief must be in the form of a
`motion, 2) unless otherwise authorized by order or in our Rules,
`authorization is required prior to filing a motion, and 3) combining motions
`with other papers is prohibited.
`
`If no Corrected Patent Owner’s Responses or certifications are
`received within three business days of the entry of this Order, the Patent
`Owner’s Responses may be expunged from the record, pursuant to 37 C.F.R.
`§ 42.7. Should Patent Owner file additional papers in these proceedings that
`include unauthorized motions, the paper may be expunged from the record
`without an opportunity for Patent Owner to file a corrected paper. See 37
`C.F.R. § 41.7(a).
`
`Patent Owner shall request a conference call with the Board for
`authorization prior to filing a motion, unless authorization is provided in an
`order or in our Rules. 37 C.F.R. § 42.20(b). Patent Owner’s request should
`
`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)
`
`comply with the Board’s procedural requirements for requesting a
`conference call. See Patent Review Processing System (PRPS), Technical
`Issue 3 (hereinafter, “Technical Issue 3”) (describing content of emails to
`Trials@uspto.gov) available at http://www.uspto.gov/patentsapplication-
`process/appealing-patent-decisions/trials/patent-reviewprocessing-system-
`prps-0. Specifically, the request should be limited to a short statement
`regarding the purpose of the call only and should not contain substantive
`communications to the Board. Id. (emphasis added).
`
` Further, Patent Owner has made numerous requests for extensions of
`time in these proceedings. E.g., see Paper 47, 7–8, Paper 52, 12, Paper 57,
`Ex. 3001, 2. Patent Owner is reminded that a request for an extension of
`time must be supported by a showing of good cause. If Patent Owner
`contacts the Board per email regarding any further extensions of time, Patent
`Owner shall certify per such email that it can provide a factual basis to
`establish the required good cause showing for the extension. See 37 C.F.R.
`§ 42.5(c)(2). The actual facts should not be provided per the email; only the
`certification.
`
`It is so ORDERED.
`
`
`PETITIONER:
`John C. Phillips
`Kevin Su
`Fish & Richardson, P.C.
`phillips@fr.com
`
`4
`
`
`
`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)
`
`CBM41919-0005CP1@fr.com
`CBM41919-0002CP1@fr.com
`CBM41919-0007CP1@fr.com
`CBM41919-0008CP1@fr.com
`CBM41919-0006CP1@fr.com
`
`Michael T. Rosato
`Matthew A. Argenti
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`margenti@wsgr.com
`
`Robert Sokohl
`Lori Gordon
`Jonathan Strang
`Richard Bemben
`STERN, KESSLER, GOLDSTEIN & FOX
`Rsokohl-ptab@skgf.com
`Lgordon-ptab@skgf.com
`Jstrang-ptab@skgf.com
`Rbemben-ptab@skgf.com
`
`PATENT OWNER:
`Erika H. Arner
`Joshua L. Goldberg
`Kevin D. Rodkey
`Rachel L. Emsley
`FINNEGAN, HENDERSON, FARABOW, GARRET & DUNNER, LLP
`erika.arner@finnegan.com
`joshua.goldberg@finnegan.com
`kevin.rodkey@finnegan.com
`rachel.emsley@finnegan.com
`
`
`Michael Gannon
`
`5
`
`
`
`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)
`
`
`Leif Sigmond
`McDonnell Boehnen Hulbert & Berghoff LLP
`gannon@mbhb.com
`sigmond@mbhb.com
`
`Steven F. Borsand
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`tt-patent-cbm@tradingtechnologies.com
`
`
`6
`
`
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