`
`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
`_________
`
`CBM2016-00054
`Patent No. 7,693,768
`___________________
`
`
`PETITIONERS’ OBJECTIONS TO PATENT OWNER’S EVIDENCE
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313–1450
`
`
`
`
`
`
`CBM2016-00054
`U.S. Patent No. 7,693,768
`IBG LLC, Interactive Brokers LLC, TradeStation Group, Inc., and
`
`TradeStation Securities, Inc. (collectively, “Petitioners”) object under 37 C.F.R.
`
`§ 42.64 to the admissibility of the following evidence Trading Technologies
`
`International, Inc. (“TT” or “Patent Owner”) served on February 10, 2017.
`
`Petitioners ask the Patent Trial and Appeal Board to deny the admission and
`
`consideration of the following documents on the following bases:
`
`TT Exhibit No.
`
`Description
`
`2337
`
`2536
`
`Declaration of Jennifer M. Kurcz, with Appendix, 2/10/2017
`
`CONFIDENTIAL – Deposition transcript of John Bartleman,
`
`6/8/2016
`
`2537
`
`CONFIDENTIAL – Deposition transcript of John Bartleman,
`
`6/9/2016
`
`2538
`
`CONFIDENTIAL - Video Deposition Transcript of Milan
`
`Galik, dated June 13, 2016 in Trading Technologies
`
`International, Inc. v.BGC Partners, Inc., Case No. 1:10-cv-715
`
`(Consolidated) (N.D. Ill.).
`
`FRE ARTICLE IV – RELEVANCE AND ITS LIMITS
`
`Petitioners object to TT Exhibit Nos. 2337, 2536, 2537, and 2538 as
`
`irrelevant under 401 and thus inadmissible under FRE 402 because cited portions
`
`are not relevant to any issue remaining in this proceeding, such as patentability of
`
`
`
`CBM2016-00054
`U.S. Patent No. 7,693,768
`the subject matter, broadest reasonable interpretation of the claims, or obviousness
`
`of the claims in view of the prior art, or because any probative value associated
`
`therewith is substantially outweighed by a danger of unfair prejudice, confusing
`
`the issues, or a waste of time under FRE 403.
`
`FRE ARTICLE VIII – HEARSAY
`
`To the extent Patent Owner relies on the contents of TT Exhibit Nos. 2536,
`
`2537, and 2538 for the truth of the matter asserted, Petitioners object to such
`
`contents as inadmissible hearsay under FRE 801 and 802 that does not fall under
`
`any exceptions, including those of FRE 803, 804, 805 or 807.
`
`FRE ARTICLE IX – AUTHENTICATION AND IDENTIFICATION
`
`Petitioners object to TT Exhibit Nos. 2536, 2537, and 2538 as not properly
`
`authenticated under FRE 901 because Patent Owner has not presented sufficient
`
`evidence to demonstrate that these documents are authentic nor that the documents
`
`are self-authenticating under FRE 902.
`
`CITING EXHIBITS NOT SERVED
`
`Petitioners object to TT Exhibit Nos. 2536, 2537, and 2538 as citing exhibits
`
`not served with the documents as required by 37 C.F.R. § 42.51(b)(1)(i).
`
`
`
`
`
`
`
`
`
`
`
`
`Date: February 17, 2017
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005–3934
`(202) 371–2600
`
`
`
`
`
`
`
`CBM2016-00054
`U.S. Patent No. 7,693,768
`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX
` P.L.L.C.
`
`/Richard M. Bemben/
`Robert E. Sokohl (Reg. No. 36,013)
`Lori A. Gordon (Reg. No. 50,633)
`Richard M. Bemben (Reg. No. 68,658)
`Attorneys for Petitioners
`
`
`
`
`
`
`CBM2016-00054
`U.S. Patent No. 7,693,768
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
`The undersigned hereby certifies that the foregoing PETITIONERS’
`
`OBJECTIONS TOPATENT OWNER’S EVIDENCE was served electronically
`
`via e–mail on February 17, 2017, in its entirety on Attorneys for Patent Owner:
`
`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, Jay Q. Knobloch
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`tt–patent–cbm@tradingtechnologies.com
`jay.knobloch@tradingtechnologies.com
`
`Michael D. Gannon, Leif R. Sigmond, Jr.,
`Jennifer M. Kurcz, and Cole B. Richter
`MCDONNELL BOEHNEN HULBERT & BERGHOFF LLP
`gannon@mbhb.com
`sigmond@mbhb.com
`kurcz@mbhb.com
`richter@mbhb.com
`
`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX
` P.L.L.C.
`
`/Richard M. Bemben/
`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: February 17, 2017
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005–3934
`(202) 371–2600
`
`
`
`
`
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