`
`
`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
`
`_____________________
`
`Case CBM2016-00009
`Patent 7,685,055 B2
`_____________________
`
`
`
`
`PETITIONERS’ OBJECTIONS TO
`PATENT OWNER’S DEMONSTRATIVES
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`Case CBM2016-00009
`Patent 7,685,055 B2
`On December 29, 2016, pursuant to the Board’s December 21, 2016 Order
`
`(Paper 58), Patent Owner served 58 demonstrative slides on Petitioners for use at
`
`the oral argument in this proceeding. Petitioners meet and conferred with Patent
`
`Owner regarding Petitioners’ objections on Monday, October 17, 2016. On January
`
`3, 2017, Patent Owner served updated slides on Petitioners.
`
`As set forth in Petitioners’ detailed objections below, Patent Owner’s
`
`demonstratives slides 48 and 49 provide quotations from a non-precedential PTAB
`
`decision that Patent Owner never cited or specifically addressed in any substantive
`
`paper before the Board, and are thus improper.
`
`Demonstrative Slide 48
`
`Petitioners object to Patent Owner’s demonstrative slide 48 in its entirety:
`
`
`
`- 1 -
`
`
`
`
`
`Case CBM2016-00009
`Patent 7,685,055 B2
`Petitioners object because Patent Owner never cited or specifically
`
`addressed the reproduced portion of GoPro in any substantive paper before the
`
`Board.
`
`Demonstrative Slide 49
`
`Petitioners object to Patent Owner’s demonstrative slide 49 in its entirety:
`
`Petitioners object because Patent Owner never cited or specifically
`
`addressed the reproduced portion of GoPro in any substantive paper before the
`
`
`
`Board.
`
`
`
`
`
`
`
`- 2 -
`
`
`
`Case CBM2016-00009
`Patent 7,685,055 B2
`These objections are made at least two business days before the January 6,
`
`2017 oral hearing.
`
`
`Date: January 4, 2017
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005–3934
`(202) 371–2600
`
`
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`
`
`/Richard M. Bemben/
`
`
`Robert E. Sokohl (Reg. No. 36,013)
`Lori A. Gordon (Reg. No. 50,633)
`Richard M. Bemben (Reg. No. 68,658)
`Attorneys for Petitioners
`
`
`
`
`
`- 3 -
`
`
`
`Case CBM2016-00009
`Patent 7,685,055 B2
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
`The undersigned hereby certifies that the foregoing PETITIONERS’
`
`OBJECTIONS TO PATENT OWNER’S DEMONSTRATIVES was served
`
`electronically via e–mail on January 4, 2017, in its entirety on Attorneys for Patent
`
`Owner:
`
`erika.arner@finnegan.com
`Erika H. Arner, Reg. No. 57,540
`joshua.goldberg@finnegan.com
`Joshua L. Goldberg, Reg. No. 59,369
`kevin.rodkey@finnegan.com
`Kevin D. Rodkey, Reg. No. 65,506
`rachel.emsley@finnegan.com
`Rachel L. Emsley, Reg. No. 63,558
`cory.bell@finnegan.com
`Cory C. Bell, Reg. No. 75,096
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`Trading-Tech-CBM@finnegan.com
`
`
`tt-patent-cbm@tradingtechnologies.com
`Steven F. Borsand, Reg. No. 36,752
`jay.knobloch@tradingtechnologies.com
`Jay Q. Knobloch, Reg. No. 57,347
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`
`
`gannon@mbhb.com
`Michael D. Gannon, Reg. No. 36,807
`sigmond@mbhb.com
`Leif R. Sigmond, Jr., Reg. No. 35,680
`Jennifer M. Kurcz, Reg. No. 54,481
`kurcz@mbhb.com
`Cole B. Richter, Reg. No. 65,398
`richter@mbhb.com
`MCDONNELL BOEHNEN HULBERT & BERGHOFF LLP
`
`
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`
`
`/Richard M. Bemben/
`
`
`Robert E. Sokohl (Reg. No. 36,013)
`Lori A. Gordon (Reg. No. 50,633)
`Richard M. Bemben (Reg. No. 68,658)
`Attorneys for Petitioners
`
`
`Date: January 4, 2017
`1100 New York Avenue, N.W.
`Washington, D.C. 20005–3934
`(202) 371–2600
`
`
`
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