`
`
`
`
`Paper No.
`Filed: June 23, 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
`
`
`
`Case CBM2016-00009
`Patent 7,685,055
`
`
`
`
`PATENT OWNER’S MOTION TO MAINTAIN CONFIDENTIAL
`INFORMATION UNDER SEAL PENDING DISPOSITION OF APPEAL
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`I.
`
`Statement of Relief Requested
`
`Pursuant to this Board’s authorization on June 13, 2017, Patent Owner
`
`CBM2016-00009
`U.S. Patent 7,685,055
`
`respectfully requests that all sealed documents in CBM2016-00009 be preserved in
`
`non-public form pending disposition of any appeals. Moreover, within 10 days of the
`
`disposition of all appeals in this matter, Patent Owner respectfully requests 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 with Petitioner on both requests and Petitioner does
`
`not oppose.
`
`II. Reasons Why Requested Relief Should Be Granted
`A. The Record Should be Preserved Pending Appeal So the Federal Circuit
`Has Full Access to the Record
`
`The Federal Rules of Appellate Procedure and the Federal Circuit Rules require
`
`that the record be retained by the Board pending appeal. Specifically, Federal Circuit
`
`Rule 17(a) states that “the agency must retain the record.” Federal Circuit Rule 17(d),
`
`titled “Access of Parties and Counsel to Original Record” also requires that the parties
`
`and their counsel have access to both the sealed and unsealed portions of the record
`
`“when a petition for review or notice of appeal is filed.” No notice of appeal has yet
`
`been filed, and the deadline for filing a notice of appeal is June 28, 2017.
`
`If the record is not preserved in its entirety, including any sealed portions, and an
`
`appeal is taken, the Federal Circuit will not be able to fully consider the issues, which
`
`
`
`1
`
`
`
`
`
`CBM2016-00009
`U.S. Patent 7,685,055
`would cause prejudice to Patent Owner and violate the appellate rules. Moreover, as
`
`the Board did not rely on any of this confidential information in its final written
`
`decision, such information may properly be maintained under seal here.
`
`B. Subsequent to the Disposition of Appeal, Confidential Information
`Should be Expunged
`
`Additionally, Patent Owner respectfully requests that subsequent to the
`
`dispositions of all appeals, all sealed confidential information filed on the CBM docket
`
`be expunged for the reasons set forth below.
`
`1. The Board Found Good Cause to Seal Patent Owner’s
`Confidential Information
`
`In connection with its Patent Owner’s Response, TT filed a Motion to Seal.
`
`(Paper 30). This motion covered certain exhibits containing or referring to third-party
`
`confidential business information. (Exhibits 2294 and 2295).
`
`The Board granted the Motion to Seal. (Paper 73). The information covered by
`
`the Motion to Seal should be maintained under seal because this Board has already
`
`found that there was good cause to grant the motions to seal in the first instance.
`
`(Paper 73, at 3). Specifically, TT identified that the sealed papers contain sensitive
`
`business information that would not otherwise be published or made available to the
`
`public. As this information was not relied on in the Final Written Decision here,
`
`protecting the confidential material throughout the appeals does not impact the public
`
`interest in obtaining access to these proceedings. Further, any impact to the public
`
`
`
`2
`
`
`
`
`
`CBM2016-00009
`U.S. Patent 7,685,055
`interest has been minimized as non-confidential versions of the papers have already
`
`been filed. Id.
`
`2. 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 filed under seal
`
`in this matter should be expunged from the record within 10 days of the disposition of
`
`all appeals. Expunging the sealed information will avoid the prejudice to parties that
`
`would be caused by public disclosure of their sealed information. Patent Owner seeks
`
`to have the confidential information in Exhibits 2294 and 2295 expunged after the
`
`disposition of all appeals.
`
`Because Patent Owner has already filed redacted versions of the sealed
`
`documents, expunging confidential materials after appeal addresses the “public interest
`
`in maintaining a complete and understandable file history for public notice purposes”
`
`while protecting the confidential and proprietary information of other parties. (See 77
`
`FED. REG. 48623). A short summary of these materials follows.
`
`
`
`The confidential information contained in Exhibits 2294 and 2295 was not relied
`
`upon in the Board’s Final Written Decision. (Paper 73, at 2). These exhibits contain
`
`highly sensitive and proprietary third-party information, including confidential third-
`
`
`
`3
`
`
`
`
`
`CBM2016-00009
`U.S. Patent 7,685,055
`party business strategy information and third-party admissions and statements. To
`
`Patent Owner’s knowledge, these transcripts have not, and should not, be made public.
`
`III. Conclusion
`Patent Owner respectfully requests that the entire CBM record be preserved in
`
`its present form pending appeal, including preservation of documents filed under seal
`
`in non-public form.
`
`Within 10 days after disposition of any appeals, Patent Owner requests that the
`
`sealed materials be expunged from the CBM docket.
`
`
`
`
`
`
`
`
`
`Dated: June 23, 2017
`
`By: /Cole B. Richter/
`
`
`
`Respectfully submitted,
`
`Counsel for Patent Owner
`Trading Technologies International, Inc.
`Inc.
`
`4
`
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing PATENT
`
`OWNER’S MOTION TO MAINTAIN CONFIDENTIAL INFORMATION
`
`UNDER SEAL PENDING DISPOSITION OF APPEAL was served on June 23,
`
`2017 via email directed to counsel of record for the Petitioner at the following:
`
`Robert E. Sokohl
`rsokohl@skgf.com
`
`Lori Gordon
`lgordon-PTAB@skgf.com
`
`Richard Bemben
`rbemben-PTAB@skgf.com
`
`PTAB@skgf.com
`
`Date: June 23, 2017
`
`
`
`/Cole B. Richter/
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
