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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`IBG LLC,
`INTERACTIVE BROKERS LLC,
`TRADESTATION GROUP, INC., and
`TRADESTATION SECURITIES, INC.,
`
`Petitioners
`
`v.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`
`Patent Owner
`
`
`
`
`Case CBM2016-00051
`U.S. Patent No. 7,904,374
`
`
`
`
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`
`
`
`
`
`
`

`

`Case CBM2016-00051
`U.S. Patent 7,904,374
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner objects to the following
`
`Petitioner Exhibits:
`
`1043 – United States Court of Appeals for the Federal Circuit Internal
`
`Operating Procedures
`
`1044 – Opening Brief of Appellants in Trading Technologies International,
`
`Inc. v. CQG, Inc.
`
`1045 – Audio from Oral Argument before the Federal Circuit in Trading
`
`Technologies International, Inc. v. CQG, Inc.
`
`I.
`
`OBJECTIONS TO EXHIBITS 1043-1045
`
`Patent Owner objects to Exhibits 1043-1045 to the extent that Petitioners
`
`rely on their contents for the truth of the matters asserted therein. Exhibits 1043-
`
`1045 are inadmissible hearsay under FRE 801 and 802, and no exception applies.
`
`Patent Owner also objects to Exhibits 1043-1045 as lacking any tendency to
`
`make any fact at issue in this proceeding more or less probable. These Exhibits are
`
`therefore inadmissible under FRE 401 and 402, or in the alternative, under FRE
`
`403 as prejudicial and a waste of time.
`
`
`
`
`
`
`
`1
`
`

`

`Case CBM2016-00051
`U.S. Patent 7,904,374
`
`Respectfully submitted,
`
`
`
`
`
`/Cole B. Richter/
`Cole B. Richter,
`Counsel for Patent Owner
`Reg. No. 65,398
`
`
`
`
`
`
`Dated: February 15, 2017
`
`By:
`
`
`
`
`McDonnell Boehnen Hulbert &
`Berghoff LLP
`300 South Wacker Drive
`Chicago, Illinois 60606
`(312) 913-0001 Telephone
`(312) 913-0002 Facsimile
`
`2
`
`

`

`Case CBM2016-00051
`U.S. Patent 7,904,374
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Patent
`
`Owner’s Objections to Evidence was served on February 15, 2017, via email
`
`directed to counsel of record for the Petitioners at the following:
`
`
`
`
`
`/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
`
`
`
`Dated: February 15, 2017
`
`By:
`
`
`
`
`
`
`
`
`3
`
`

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