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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
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`
`
`
`IBG LLC, and INTERACTIVE BROKERS LLC,
`Petitioners
`
`v.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`Patent Owner
`____________________
`
`Case CBM2016-00009
`Patent No. 7,685,055 B2
`____________________
`
`
`PETITIONERS’ OBJECTIONS TO PATENT OWNER’S
`EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`Petitioners’ Objections to TT’s Evidence
`CBM2016-00009
`
`IBG LLC and Interactive Brokers LLC (“Petitioners”) object under 37
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`
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`C.F.R. § 42.64 to the admissibility of the following evidence Trading Technologies
`
`International, Inc. (“TT”) served on Thursday, August 11, 2016:
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`
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`TT Exhibit No. Description
`
`2337
`
`2389
`
`2390
`
`2391
`
`2392
`
`Declaration of Jennifer M. Kurcz, dated Aug. 11, 2016
`
`Appendix 1 to Kurcz Declaration: Trading Techs. Int’l. Inc., v.
`eSpeed, Inc., Case No. 04-cv-5312, eSpeed subpoena on Tokyo
`Stock Exchange (11/3/2004)
`Appendix 2 to Kurcz Declaration: Trading Techs. Int’l. Inc., v.
`IBG LLC, et al., Case No. 10-cv-721, Trading Technologies
`International, Inc.’s First Set of Requests for the Production of
`Documents and Things to IBG LLC and Interactive Brokers
`LLC (Nos. 1 - 154) (09/22/2015)
`Appendix 3 to Kurcz Declaration: Trading Techs. Int’l. Inc., v.
`TradeStation Securities, Inc., et al., Case No. 10-cv-884,
`Plaintiff Trading Technologies International, Inc.’s First Set of
`Requests for the Production of Documents and Things (Nos. 1 -
`82) to TradeStation Securities, Inc. and TradeStation Group, Inc.
`(08/23/2010)
`Appendix 4 to Kurcz Declaration: Trading Techs. Int’l. Inc., v.
`TradeStation Securities, Inc., et al., Case No. 10-cv-884,
`Plaintiff Trading Technologies International, Inc.’s Second Set
`of Requests for the Production of Documents and Things (Nos.
`83 - 97) to TradeStation Securities, Inc. and TradeStation
`Group, Inc. (10/21/2015)
`
`Petitioners ask the Patent Trial and Appeal Board to deny the admission and
`
`consideration of the following documents on the following bases:
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`
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`- 2 -
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`
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`FRE ARTICLE IV – RELEVANCE AND ITS LIMITS
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`Petitioners’ Objections to TT’s Evidence
`CBM2016-00009
`
`Petitioners object to Exhibit No. 2337, 2389, 2390, 2391, and 2392 as
`
`irrelevant under FRE 401 and thus inadmissible under FRE 402, or as confusing or
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`a waste of time under FRE 403, because these exhibits are not relevant to any issue
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`remaining in this proceeding, such as patentability of the subject matter, broadest
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`reasonable interpretation of the claims, anticipation of the claims in view of the
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`prior art, or obviousness of the claims in view of the prior art.
`
`These objections are made within five business days from the August 11,
`
`* * *
`
`2016 service of TT’s exhibits.
`
`
`
`Date: 8/18/2016
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`
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`
`
`
`
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/ Robert E. Sokohl/
`
`
`Robert E. Sokohl, Reg. No. 36,013
`Lori A. Gordon, Reg. No. 50,633
`Richard M. Bemben, Reg. No. 68,658
`Attorneys for Petitioners
`
`
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`- 3 -
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`
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`
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`Petitioners’ Objections to TT’s Evidence
`CBM2016-00009
`
`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that on August 18, 2016, the attached
`
`Petitioners’ Objections to Patent Owner’s Evidence Pursuant to 37 C.F.R.
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`§ 42.64(b)(1) were served electronically via e-mail upon the following counsel for
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`Patent Owner, TT:
`
`Erika H. Arner, Joshua L. Goldberg, Kevin D. Rodkey,
`Rachel L. Emsley, Cory C. Bell
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`Erika.arner@finnegan.com
`Joshua.goldberg@finnegan.com
`Kevin.rodkey@finnegan.com
`Rachel.emsley@finnegan.com
`Cory.bell@finnegan.com
`Trading-Tech-CBM@finnegan.com
`
`Steven F. Borsand
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`tt-patent-cbm@tradingtechnologies.com
`
`Michael D. Gannon, Leif R. Sigmond, Jr., and Jennifer M. Kurcz
`MCDONNELL BOEHNEN HULBERT & BERGHOFF LLP
`gannon@mbhb.com
`sigmond@mbhb.com
`kurcz@mbhb.com
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Robert E. Sokohl/
`
`
`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: 8/18/2016
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`
`
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`- 4 -
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`
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