`
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`
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`IBG LLC,
`INTERACTIVE BROKERS LLC,
`TRADESTATION GROUP, INC., and
`TRADESTATION SECURITIES, INC.,
`
`Petitioners
`
`v.
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`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`
`Patent Owner
`
`
`
`
`Case CBM2016-00032
`U.S. Patent No. 7,212,999
`
`
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`
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`PATENT OWNER’S OBJECTIONS TO EVIDENCE
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`
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`
`
`
`Case CBM2016-00032
`U.S. Patent 7,212,999
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`
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner objects to the following
`
`Petitioner Exhibits:
`
`1048 – Merriam-Webster Collegiate Dictionary (11th ed.)
`
`1049 – Webster’s New World College Dictionary (4th ed.)
`
`1050 – U.S. Patent No. 6,408,282 to Buist
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`1051 – New York Times, “Futures/Options; Automation in Trading,”
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`December 10, 1984
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`1052 – Intex Trading Screen
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`1053 – New York Stock Exchange Annual Report 1983
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`I.
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`OBJECTIONS TO EXHIBITS 1048-1053
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`Patent Owner objects to Exhibits 1048-1053 to the extent that Petitioners
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`rely on their contents for the truth of the matters asserted therein. Exhibits 1048-
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`1053 are inadmissible hearsay under FRE 801 and 802, and no exception applies.
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`Further, Petitioners have submitted no evidence to authenticate Exhibits
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`1051-1053 rendering these Exhibits inadmissible under FRE 901.
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`Patent Owner also objects to Exhibits 1050-1053 as being irrelevant to the
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`grounds instituted by the Board, and are therefore inadmissible under FRE 401
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`and 402 because they lack a tendency to make any fact at issue in this proceeding
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`more or less probable. Exhibits 1050-1053 are also inadmissible under FRE 403
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`1
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`
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`Case CBM2016-00032
`U.S. Patent 7,212,999
`
`
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`because their prejudicial value outweighs any probative value, and admission of
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`such exhibits would waste time.
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`Patent Owner also separately objects to Exhibit 1051 under FRE 401 and
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`402 as irrelevant, or in the alternative, under FRE 403 as prejudicial and waste of
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`time. Petitioners have not cited Exhibit 1051 anywhere. An uncited Exhibit is
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`irrelevant, and, to the extent relevant, is prejudicial and a waste of time.
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`
`
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`Dated: February 15, 2017
`
`By:
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`/Cole B. Richter/
`Cole B. Richter,
`Counsel for Patent Owner
`Reg. No. 65,398
`
`
`
`McDonnell Boehnen Hulbert &
`Berghoff LLP
`300 South Wacker Drive
`Chicago, Illinois 60606
`(312) 913-0001 Telephone
`(312) 913-0002 Facsimile
`
`2
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`
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`Case CBM2016-00032
`U.S. Patent 7,212,999
`
`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing Patent
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`Owner’s Objections to Evidence was served on February 15, 2017, via email
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`directed to counsel of record for the Petitioners at the following:
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`
`
`
`
`/Cole B. Richter/
`Cole B. Richter,
`Counsel for Patent Owner
`Reg. No. 65,398
`
`Robert Sokohl
`rsokohl-PTAB@skgf.com
`
`Lori Gordon
`lgordon-ptab@skgf.com
`
`Richard Bemben
`rbemben-PTAB@skgf.com
`
`PTAB@skgf.com
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`
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`Dated: February 15, 2017
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`By:
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`3
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