`571-272-7822
`
`
`
`
`Paper 63
`Entered: January 3, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`IBG LLC and INTERACTIVE BROKERS LLC,
`Petitioners,
`
`v.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`
`CBM2016-00009
`Patent No. 7,685,055 B2
`
`
`
`
`
`
`
`
`
`
`Before MEREDITH C. PETRAVICK, Administrative Patent Judge.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`ORDER
`Excusing Late Filing of Motion to Exclude
`37 C.F.R. § 42.5(c)(3)
`
`
`
` On December 21, 2016, Patent Owner sent an email to the
`Trials@uspto.gov box requesting late entry of a motion to exclude evidence
`(Paper 59) into the record. Ex. 3004. Patent Owner alleged that, despite the
`motion being timely filed in the PTABE2E filing system on December 13,
`2016, Due Date 4 (see Paper 46), the motion does not appear in the record.
`Patent Owner contacted Board staff concerning this error. According to
`Patent Owner, Board staff explained that the error was likely caused by a
`
`
`
`CBM2016–00009
`Patent 7,685,055 B2
`
`glitch in the PTABE2E system and suggested refiling the motion. Patent
`Owner refiled the motion late on December 21, 2016 as Paper 59.
`
`Patent Owner timely served the motion on Petitioner on December 13,
`2016 (see Paper 59, 13), and Petitioner timely opposed the motion to
`exclude evidence on December 20, 2016 (Paper 57). Via email, Petitioner
`indicated that it does not oppose late entry of the motion into the record. Ex.
`3004.
`
`Given the circumstances, good cause exists to excuse the late filing of
`the motion and enter of the motion into the record. See 37 C.F.R. 42.5(c)(3).
`Patent Owner request is granted.
`
`It is:
`
` ORDERED that the late filing of Patent Owner’s motion to exclude
`evidence (Paper 59) is excused and the motion is entered into the record.
`
`
`
`
`
`
`
`
`PETITIONERS:
`
`Robert Sokohl
`Lori Gordon
`Richard Bemben
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`rsokohl-ptab@skgf.com
`lgordon-PTAB@skgf.com
`rbemben-PTAB@skgf.com
`
`
`2
`
`
`
`CBM2016–00009
`Patent 7,685,055 B2
`
`PATENT OWNER:
`
`Leif Sigmond
`Cole Richter
`Michael Gannon
`Leif Sigmond
`Jennifer Kurcz
`MCDONNELL BOEHNEN HULBERT & BERGHOFF LLP
`sigmond@mbhb.com
`richter@mbhb.com
`gannon@mbhb.com
`sigmond@mbhb.com
`kurcz@mbhb.com
`
`Kevin Rodkey
`Rachel Emsley
`Cory Bell
`Joshua Goldberg
`Erika Arner
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`kevin.rodkey@finnegan.com
`rachel.emsley@finnegan.com
`cory.bell@finnegan.com
`joshua.goldberg@finnegan.com
`erika.arner@finnegan.com
`
`Steven Borsand
`Jay Knobloch
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`tt-patent-cbm@tradingtechnologies.com
`jay.knobloch@tradingtechnologies.com
`
`3
`
`
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