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`Trials@uspto.gov
`571-272-7822
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`
`
`
`Paper 139
`Entered: August 10, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`TRADESTATION GROUP, INC., TRADESTATION SECURITIES, INC.,
`TRADESTATION TECHNOLOGIES, INC., IBFX, INC., IBG LLC, and
`INTERACTIVE BROKERS LLC,
`Petitioners,
`
`v.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`
`CBM2015-00161 (Patent No. 6,766,304 B2)1
`CBM2015-00181 (Patent No. 7,676,411 B2)
`CBM2015-00182 (Patent No. 6,772,132 B1)
`CBM2016-00009 (Patent No. 7,685,055 B2)
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and JEREMY
`M. PLENZLER, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`ORDER2
`Granting Motions to Preserve Record Pending Appeal
` 37 C.F.R. § 42.56
`
`
`
`
`
`1 Case CBM2016-00035 has been joined with this proceeding.
`2 This Order addresses the same or similar issue in the proceedings listed
`above. Therefore, we issue one Order to be filed in each proceeding. The
`parties, however, are not authorized to use this style of filing.
`
`
`
`
`CBM2015-00161 (Patent No. 6,766,304 B2)
`CBM2015-00181 (Patent No. 7,676,411 B2)
`CBM2015-00182 (Patent No. 6,772,132 B1)
`CBM2016-00009 (Patent No. 7,685,055 B2)
`
`Patent Owner filed unopposed motions3 requesting that the records in
`
`these proceedings be preserved pending outcome of appeal. Paper 136.4
`
`Notices of Appeal have been filed in CBM2015-000161, CBM2015-000181,
`
`and CBM2015-00182. See, e.g., Paper 132. A notice of appeal has not yet
`
`been filed in CBM2015-00009. Petitioners do not oppose the request. Paper
`
`136, 1.
`
`The parties were permitted to file certain information under seal, in
`
`accordance with 37 C.F.R. § 42.54(a). See Paper 130. The sealed
`
`information ordinarily becomes publicly available after final judgment. See
`
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48761 (Aug. 14,
`
`2012). A party may file a motion to expunge confidential information from
`
`the record, however, if wishing to preserve its confidentiality. 37 C.F.R.
`
`§ 42.56. Here, Patent Owner asks that the records be preserved as is, i.e.,
`
`without removal or disclosure to the public of the information filed under
`
`seal, pending appeal. Paper 136, 1. Under the present circumstances, it is
`
`reasonable to maintain the records undisturbed pending outcome of any
`
`appeal that is taken.
`
`Patent Owner request that the information filed under seal in these
`
`proceedings be expunged from the record within ten days of the disposition
`
`of all appeals. Id. at 3. Patent Owner’s request is denied as premature. For
`
`each of these proceedings, at the conclusion of appeal, or if no appeal is
`
`
`3 On June 13, 2017, the Board authorized, by email, Patent Owner to file the
`motion.
`4 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)
`CBM2015-00181 (Patent No. 7,676,411 B2)
`CBM2015-00182 (Patent No. 6,772,132 B1)
`CBM2016-00009 (Patent No. 7,685,055 B2)
`
`taken within ten business days of the expiration of the period to file a notice
`
`of appeal, Patent Owner may contact the Board for authorization to file a
`
`motion to expunge confidential information. If Patent Owner does not
`
`contact the Board, then the information filed under seal may be made public
`
`in due course. See 77 Fed. Reg. at 48761.
`
`It is:
`
`ORDERED that, for each of these proceedings, within ten business
`
`days of the conclusion of appeal, or if no appeal is taken within ten business
`
`days of the expiration of the period to file a notice of appeal, Patent Owner
`
`may contact the Board for authorization to file a motion to expunge
`
`confidential information; and
`
`FURTHER ORDERED that the record in each proceeding shall
`
`remain undisturbed as discussed herein until such time that a motion to
`
`expunge confidential information is filed or, if the Patent Owner fails to
`
`contact the Board as required herein, the information filed under seal shall
`
`be made public in due course.
`
`
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`
`
`
`3
`
`
`
`CBM2015-00161 (Patent No. 6,766,304 B2)
`CBM2015-00181 (Patent No. 7,676,411 B2)
`CBM2015-00182 (Patent No. 6,772,132 B1)
`CBM2016-00009 (Patent No. 7,685,055 B2)
`
`
`PETITIONER:
`
`Robert Sokohl
`rsokohl-ptab@skgf.com
`
`John Phillips
`phillips@fr.com
`
`Lori Gordon
`lgordon-PTAB@skgf.com
`
`Richard Bemben
`rbemben-PTAB@skgf.com
`
`
`PATENT OWNER:
`
`Leif Sigmond
`sigmond@mbhb.com
`
`Cole Richter
`richter@mbhb.com
`
`Michael Gannon
`gannon@mbhb.com
`
`Jennifer Kurcz
`kurcz@mbhb.com
`
`Jay Knobloch
`jay.knobloch@tradingtechnologies.com
`
`
`4
`
`
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