`
`
`Paper No.
`Filed: March 9, 2020
`
`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 No. 7,685,055
`
`
`
`
`
`PATENT OWNER’S MOTION TO EXPUNGE
`
`
`
`
`
`CBM2016-00009
`U.S. Patent No. 7,685,055
`
`I.
`
`Statement of Relief Requested
`Pursuant to this Board’s authorization on February 25, 2020, Trading
`
`Technologies International, Inc. (“TT” or “Patent Owner”), respectfully requests
`
`that all confidential information be expunged from the record pursuant to Rule
`
`42.56 and not be made public. Patent Owner has conferred with Petitioner on this
`
`request and Petitioner does not oppose.
`
`II. 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 a Motion to Seal.
`
`(Paper 30). This motion covered certain exhibits containing or referring to third-
`
`party confidential business information. (Exhibits 2294 and 2295). TT identified
`
`that the sealed papers contain sensitive business information that would not
`
`otherwise be published or made available to the public.
`
`On April 26, 2017, the Board granted the motion to seal (Paper 73, at 2-3),
`
`finding that “good cause exists.” On June 23, 2017, Patent Owner filed a motion
`
`to maintain confidential information under seal during appeal and requested that all
`
`confidential information be expunged from the record following the disposition of
`
`all appeals. (Paper 75). While granting the motion to maintain confidential
`
`information under seal, the Board found that Patent Owner’s motion to expunge
`
`was “premature.” (Paper 76, at 2). The Board instructed Patent Owner to request
`
`1
`
`
`
`CBM2016-00009
`U.S. Patent No. 7,685,055
`authorization to file a renewed motion to expunge at the conclusion of appeal. (Id.
`
`at 3). Because the appeals in this case have now been concluded, with the
`
`Supreme Court denying Patent Owner’s petition for a writ of certiorari, this motion
`
`to expunge is now ripe for decision. Because the Board already found good cause
`
`to seal these materials, the motion to expunge should be granted.
`
`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 Motion to Seal, namely that
`
`the sealed information “contain[s] information identified . . . as sensitive, non-
`
`public information that a business would not make public,” (Paper 30, at 2), all the
`
`information 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 public disclosure of their sealed information.
`
`In particular, these exhibits contain highly sensitive and proprietary third-
`
`party information, including confidential third-party business strategy information
`
`and third-party admissions and statements. The confidential information contained
`
`in Exhibits 2294 and 2295 was not relied upon in the Board’s Final Written
`
`Decision. (Paper 73, at 2).
`
`
`
`
`
`2
`
`
`
`CBM2016-00009
`U.S. Patent No. 7,685,055
`
`III. Conclusion
`Patent Owner respectfully requests that because all appeals have been
`
`exhausted in this matter, the sealed materials be expunged from the CBM docket.
`
`
`
`Respectfully submitted,
`
`Dated: March 9, 2020
`
`
`
`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.
`
`3
`
`
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a copy of the foregoing PATENT
`
`OWNER’S MOTION TO EXPUNGE was served on March 9, 2020 via email on
`
`the following:
`
`Robert E. Sokohl
`rsokohl@skgf.com
`Lori Gordon
`lgordon-PTAB@skgf.com
`Richard Bemben
`rbemben-PTAB@skgf.com
`PTAB@skgf.com
`
`Date: March 9, 2020
`
`
`
`/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.
`
`
`
`
`
`
`
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
