`Filed: October 10, 2019
`
`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.,
`Petitioners,
`v.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`
`Case CBM2015-00182
`U.S. Patent 6,772,132
`
`PATENT OWNER’S MOTION TO EXPUNGE
`
`
`
`CBM2015-00182
`U.S. Patent 6,772,132
`
`I.
`
`Statement of Relief Requested
`Pursuant to this Board’s authorization on October 10, 2019, Trading
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`Technologies International, Inc. (“TT” or “Patent Owner”), respectfully requests
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`that all confidential information filed by Patent Owner be expunged from the
`
`record pursuant to Rule 42.56 and not be made public. Patent Owner has conferred
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`with Petitioner on this request and Petitioner does not oppose.
`
`II.
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`Reasons Why Requested Relief Should Be Granted
`A. The Board Found Good Cause to Seal the Confidential Information
`In connection with its Patent Owner’s Response, TT filed four Motions to
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`Seal. (Papers 52, 60, 87, and 89). These motions covered certain pleadings,
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`declarations and exhibits containing or referring to Patent Owner’s confidential
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`business information. (Papers 53, 61, 66, 85, and 90; Exhibits 2169, 2172, 2224,
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`2225, 2232, 2247, 2270, 2286, 2294, and 2295).
`
`The Board granted two Motions to Seal and dismissed the other two Motions
`
`to Seal after denying and expunging the underlying confidential Motions to Submit
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`Supplemental Information and Briefing. (Papers 93 and 130). The information
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`covered by the two granted Motions to Seal should be expunged because this
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`Board has already found that there was good cause to grant the motions to seal in
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`the first instance. (Paper 130, at 4). Specifically, TT identified that the sealed
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`papers contain sensitive business information that would not otherwise be
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`published or made available to the public. As this information was not relied on in
`
`1
`
`
`
`CBM2015-00182
`U.S. Patent 6,772,132
`the Final Written Decision here, expunging the confidential material does not
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`impact the public interest in obtaining access to these proceedings. Further, any
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`impact to the public interest has been minimized as non-confidential versions of
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`the papers have already been filed. (Id.).
`
`On February 13, 2019, the Federal Circuit affirmed the Final Written
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`Decision of the Board in this case, and the formal mandate issued on May 7, 2019.
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`On July 24, 2019, Petitioner IB filed a petition for writ of certiorari, which the
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`Supreme Court denied on October 7, 2019. Because the appeals in this case have
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`been concluded, this motion to expunge is now ripe for decision.
`
`B. The Sealed Documents Contain Confidential and Sensitive Business
`Information that was not Relied on by the Board in the Final Written
`Decision
`For the same reasons set forth in Patent Owner’s Motions to Seal, namely
`
`that the sealed information “contain[s] information identified as [] sensitive, non-
`
`public information that a business would not make public,” all the information
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`filed under seal in this matter should be expunged from the record. Expunging the
`
`sealed information will avoid the prejudice to the parties that would be caused by
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`public disclosure of their sealed information. The information Patent Owner seeks
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`to have expunged after the disposition of appeals is as follows: Papers 53, 61, and
`
`2
`
`
`
`CBM2015-00182
`U.S. Patent 6,772,132
`66, and Exhibits 2169, 2172, 2224, 2225, 2232, 2247, 2270, 2286, 2294, and
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`2295.1
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`Because Patent Owner has already filed redacted versions of the sealed
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`documents, expunging confidential materials after appeal addresses the “public
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`interest in maintaining a complete and understandable file history for public notice
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`purposes” while protecting the confidential and proprietary information of other
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`parties. (See 77 FED. REG. 48623). A short summary of these materials follows.
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`First, Confidential Patent Owner’s Motion for Additional Discovery
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`(Paper 53) was not cited in the Board’s Final Written Decision and contains (1)
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`confidential information consisting of internal TradeStation documents relating to
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`its products and customers, (2) the deposition transcripts of Mr. Bartleman
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`(TradeStation’s President) and Mr. Galik (IB’s head of software development) and
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`(3) quotations from those documents and transcripts. This information has not
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`been published or otherwise made public. The redacted information is not
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`specifically referenced in the Board’s final decision.
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`Second, the Confidential Patent Owner’s Response (Paper 61) and
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`Confidential Corrected Patent Owner’s Response (Paper 66) were cited in the
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`Board’s Final Written Decision and contain declarations and exhibits that contain
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`highly sensitive, non-public information that a business would not make public.
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`1 Papers 85 and 90 were already expunged. (Paper 130, at 2 n.1).
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`3
`
`
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`CBM2015-00182
`U.S. Patent 6,772,132
`Specifically, the redacted portions of Patent Owner’s Response (Paper 62) and
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`Corrected Patent Owner’s Response (Paper 67) contain business sensitive
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`statements in the context of licensing Patent Owner’s products. The redacted
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`information is not specifically referenced in the Board’s final decision.
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`Third, the confidential information contained in Exhibits 2169, 2172, 2224,
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`2225, 2232, 2247, 2270, 2286, 2294, and 2295 was not relied upon in the Board’s
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`Final Written Decision. (Paper 130, at 3). These exhibits contain highly sensitive
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`and proprietary Patent Owner information, including internal financial information,
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`third-party business strategy information, and third-party admissions and
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`statements.
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`III. Conclusion
`Patent Owner respectfully requests that because all appeals have been
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`exhausted in this matter, the sealed materials be expunged from the CBM docket.
`
`4
`
`
`
`CBM2015-00182
`U.S. Patent 6,772,132
`Respectfully submitted,
`
`Dated: October 10, 2019
`
`By: /Jennifer M. Kurcz/
`
`Jennifer M. Kurcz,
`Back-Up Counsel, Reg. No. 54,481
`BAKER & HOSTETLER LLP
`One North Wacker Drive
`Suite 4500
`Chicago, IL 60606
`312-416-6282
`jkurcz@bakerlaw.com
`
`Counsel for Patent Owner
`Trading Technologies International, Inc.
`
`5
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that on October 10, 2019, a copy of
`
`CBM2015-00182
`U.S. Patent 6,772,132
`
`the foregoing PATENT OWNER’S MOTION TO EXPUNGE was served via e-
`
`mail on the following:
`
`Robert E. Sokohl
`rsokohl@skgf.com
`
`Lori Gordon
`Lgordon-PTAB@skgf.com
`
`Richard Bemben
`Rbenben-PTAB@skgf.com
`
`John C. Phillips
`phillips@fr.com
`
`John C. Phillips
`CBM41919-0006CP1@fr.com
`
`PTAB@skgf.com
`
`/Jennifer M. Kurcz/
`Jennifer M. Kurcz
`Back-Up Counsel, Reg. No. 54,481
`BAKER & HOSTETLER LLP
`One North Wacker Drive
`Suite 4500
`Chicago, IL 60606
`312-416-6282
`jkurcz@bakerlaw.com
`Counsel for Patent Owner
`Trading Technologies International,
`Inc.
`
`
`
`