Patent Owner’s Demonstratives
`
`Case CBM2016-00032
`Patents 7,212,999
`
`© COPYRIGHT 2017 TRADING TECHNOLOGIES INTERNATIONAL, INC. NOT FOR DISTRIBUTION.
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`Page 1 of 12
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`IB v. TT
`CBM2016-00032
`EXHIBIT 2410
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`Case CBM2016-00032
`Patents 7,212,999
`
`© COPYRIGHT 2017 TRADING TECHNOLOGIES INTERNATIONAL, INC. NOT FOR DISTRIBUTION.
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`Page 1 of 12
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`IB v. TT
`CBM2016-00032
`EXHIBIT 2410
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`Claimed GUI Differs from Prior Art GUIs
`
`This GUI differs from prior art GUIs for various reasons, including that prior GUI tools did
`not display indicators of a user’s particular order alongside bid and offer data relative to
`the same price levels, and prior GUI tools did not provide order icons, which could be
`selected and moved along a price axis to cause an order to be sent at a particular price
`value associated with the price axis.
`
`POR at 14.
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`POR at 23.
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`Page 3 of 12
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`IB v. TT
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`No Preemption
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`The claims do not preempt the result of using a GUI for the purported abstract idea.
`
`Further, the specification provides other ways to enter orders. For example, using an order
`task bar:
`
`POR at 22-23; Ex. 1001 at Fig. 3A.
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`CQG
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`The 132 and 304 patents were “directed to a specific improvement to the way computers
`operate,” id., for the claimed graphical user interface method imparts a specific
`functionality to a trading system “directed to a specific implementation of a solution to a
`problem in the software arts.”
`
`Paper 36 at 2-3.
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`Page 5 of 12
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`Inventive Concept
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`To be clear, the combination of all of the elements in the claim causes the computer to
`provide the interface with the disclosed advantages over the prior art interfaces. POR at
`17; Ex.2169, ¶¶37-44.
`
`It is that combination that provides the claims inventive concept and makes it clear that the
`claims are directed to a specific implementation of a user interface rather than the abstract
`idea of “collecting information and displaying the information, without more,” as the PTAB
`asserts. POR at 17; Inst. Dec. 18.
`
`POR at 17.
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`Page 6 of 12
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`Neither Routine nor Conventional
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`The overall ordered combination of the claims as a whole is indisputably unconventional
`and provides a radical departure from the prior art. POR at 3; Ex.2169, ¶¶22-52.
`
`POR at 3.
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`Page 7 of 12
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`SEC. 18. TRANSITIONAL PROGRAM FOR
`COVERED BUSINESS METHOD PATENTS.
`
`(1) IN GENERAL.--For purposes of this section, the term “covered business method
`patent” means a patent that claims a method or corresponding apparatus for
`performing data processing or other operations used in the practice, administration,
`or management of a financial product or service, except that the term does not
`include patents for technological inventions.
`
`(2) REGULATIONS.--To assist in implementing the transitional proceeding
`authorized by this subsection, the Director shall issue regulations for determining
`whether a patent is for a technological invention.
`
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`37 C.F.R. 42.301(b)
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`In determining whether a patent is for a technological invention solely for purposes of
`the Transitional Program for Covered Business Methods (section 42.301(a)), the
`following may be considered on a case-by-case basis:
`
`• “[W]hether the claimed subject matter as a whole recites a technological feature
`that is novel and unobvious over the prior art; and
`
`• Whether the claimed subject matter as a whole “solves a technical problem using
`a technical solution.”
`
`37 C.F.R. at 42.301(b); POR at 56-57.
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`Experts
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`Experts also agree that GUIs are technology.
`
`Dr. Olsen states that “graphical user interfaces are a technology with specific technical
`problems,” POR at 20; Ex.2174, ¶7.
`
`Mr. Bear states that “graphical user interfaces are inherently technology,” Ex.2168, ¶3.
`
`POR at 20.
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`Industry Evidence
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`TT’s claimed invention provides a technical improvement over the prior art GUIs because
`GUIs are technology. POR at 19-20; See Ex.2174, ¶¶13-15; Ex.2168, ¶¶23-38; see also
`Ex.2169, ¶¶16-18.
`
`In particular, GUIs advance human-computer interaction (“HCI”), which has been touted as
`an important and expanding technological field. POR at 19-20; Ex.2090, at 2.
`
`NASA’s Ames Research Center implemented an entire HCI group that is responsible for
`software that improves the functionality of interface tools. POR at 19-20; Ex.2297.
`
`Also, many colleges and universities offer courses and programs centered on interface
`design to train engineers and programmers. POR at 19-20; Ex.2168, ¶29; Ex.2174, ¶13;
`Exs.2052-2058.
`
`POR at 19-20.
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`Improvements to Conventional GUIs are Technological Solutions to Technological
`Problems
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`In the institution decision, the PTAB based its opinion on a finding that the claimed
`invention also solves a problem of a user. POR at 55; Inst. Dec. 17-18.
`
`But solving a problem encountered by a user, even if true, does not negate the
`technological problems solved by the claimed invention. POR at 55-56; See supra at
`V.B.4.
`
`Innovative tools that solve technical problems also solve problems in their field of use. For
`example, a flight instrument embodied in a GUI can address both a technical problem
`(usability) and a problem in its field (flight safety). POR at 55.
`
`Problems with prior interfaces and designs to solve those problems are necessarily rooted
`in computer technology and the operation of prior art GUIs, not in a business practice. See
`DDR, 773 F.3d at 1257; Enfish, 822 F.3d at 1339. POR at 55.
`POR at 17-18 and 55-56.
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`© COPYRIGHT 2017 TRADING TECHNOLOGIES INTERNATIONAL, INC. NOT FOR DISTRIBUTION.
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`Page 12 of 12
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