Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 49
`Entered: June 1, 2017
`
`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.,
`Petitioner,
`
`v.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`
`CBM2016-00054
`Patent No. 7,693,768 B1
`
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK and
`JEREMY M. PLENZLER, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`
`The Scheduling Order provides for an oral hearing if an oral hearing is
`
`requested by the parties and granted by the panel. Petitioner and Patent
`
`Owner requested oral hearing pursuant to 37 C.F.R. § 42.70. Papers 46, 47.
`
`The requests are granted.
`
`
`571-272-7822
`
`
`
`
`Paper 49
`Entered: June 1, 2017
`
`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.,
`Petitioner,
`
`v.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`
`CBM2016-00054
`Patent No. 7,693,768 B1
`
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK and
`JEREMY M. PLENZLER, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`
`The Scheduling Order provides for an oral hearing if an oral hearing is
`
`requested by the parties and granted by the panel. Petitioner and Patent
`
`Owner requested oral hearing pursuant to 37 C.F.R. § 42.70. Papers 46, 47.
`
`The requests are granted.
`
`
`
`CBM2016-00054
`Patent 7,693,768 B1
`
`
`
`The hearing will commence at 1:00 p.m. Eastern Time on
`
`June 23, 2017, on the ninth floor of Madison Building East, 600 Dulany
`
`Street, Alexandria, Virginia.
`
`The Board will provide a court reporter for the hearing and the
`
`reporter’s transcript will constitute the official record of the hearing.
`
`Each party will have 45 minutes total time to present arguments.
`
`Petitioner bears the ultimate burden of proof that the challenged claims are
`
`unpatentable. Petitioner will open each hearing by presenting its arguments
`
`regarding the challenged claims for which we instituted trial. Thereafter,
`
`Patent Owner will argue its opposition to Petitioner’s arguments. In
`
`addition, Patent Owner may present argument concerning its Motion to
`
`Exclude Evidence (Paper 48). Petitioner may reserve time to rebut Patent
`
`Owner’s arguments regarding the challenged claims and to oppose any
`
`arguments concerning the Motion to Exclude Evidence. Finally, Patent
`
`Owner may reserve time to rebut Petitioner’s opposition to any arguments
`
`concerning the Motion to Exclude Evidence.
`
`Prohibition of New Arguments or Evidence
`
`
`
`The parties are not permitted to raise new arguments or evidence at
`
`oral hearing. Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756,
`
`48,768 (Aug. 14, 2012). Any new arguments or evidence will not be
`
`considered.
`
`Demonstratives
`
`
`
`Demonstrative exhibits are intended to be visual aids to assist a party
`
`in making its oral presentation. CBS Interactive Inc. v. Helferich Patent
`
`Licensing, LLC, Case No. IPR2013-00033, slip op. at 3, (PTAB
`
`Oct. 23, 2013)(Paper 118). Demonstrative exhibits are not evidence and as
`
`2
`
`
`
`CBM2016-00054
`Patent 7,693,768 B1
`
`such, the exhibits cannot add new evidence to the record of the proceeding.
`
`St. Jude Medical, Cardiology Division, Inc. v. The Board of Regents of the
`
`University of Michigan, Case No. IPR2013-00041, slip op. at 2 (PTAB
`
`Jan. 27, 2014) (Paper 65). Demonstrative exhibits are not an opportunity for
`
`additional briefing. Id. at 3. Arguments that have not been made previously
`
`cannot be made at the trial hearing, and thus, cannot be in a demonstrative
`
`exhibit. Id. Similarly, the exhibits cannot rely on evidence that, although it
`
`is in the record, was never specifically discussed in any substantive paper
`
`before the Board. Id.
`
`
`
`
`
`Demonstrative exhibits are limited to reproduction of portions of
`
`papers of record or portions of the evidence specifically discussed in the
`
`substantive papers of record. Demonstrative exhibits must include a
`
`citation to where the reproduced portion of the paper is in the record
`
`and to where the evidence is discussed in a substantive paper in the
`
`record.
`
`Objections to Demonstratives
`
`Under 37 C.F.R. § 42.70(b), the parties shall serve any demonstrative
`
`exhibits upon each other at least seven business days prior to the hearing.
`
`Additionally, the parties shall file the demonstrative exhibits at least two
`
`business days prior to the hearing.
`
`We expect that the parties will meet and confer in good faith to
`
`resolve all objections to demonstrative exhibits, but if such objections cannot
`
`be resolved, the parties may file objections to demonstratives with the Board
`
`no later than two business days before the hearing. The objections should
`
`identify with particularity which portions of the demonstrative exhibits are
`
`subject to objection, include a copy of the objected-to portions, and include a
`
`3
`
`
`
`CBM2016-00054
`Patent 7,693,768 B1
`
`one-sentence statement of the reason for each objection. No argument or
`
`further explanation is permitted. We will consider any objections and
`
`schedule a conference call if deemed necessary. Otherwise, we will reserve
`
`ruling on the objections. Any objection to demonstrative exhibits that is not
`
`timely filed will be considered waived.
`
`Counsel
`
`
`
`Lead counsel for each party is expected to be present in person at the
`
`oral hearing. Any counsel of record, however, may present the party’s
`
`arguments. If either party expects that its lead counsel will not be attending
`
`the oral argument, the parties should initiate a joint telephone conference
`
`with the panel no later than two business days prior to the oral hearing to
`
`discuss the matter.
`
`
`
`Each party will designate one or two counsel to present argument.
`
`Only designated counsel may make objections or otherwise address the
`
`panel during the oral hearing. The designated counsel may seek permission
`
`from the panel for other counsel of record to address the panel, if necessary.
`
`Special Requests
`
`
`
`Any special requests for audio visual equipment or reserved seating
`
`should be directed to Trials@uspto.gov. Request for special equipment or
`
`reserved seating will not be honored unless presented in a separate
`
`communication directed to the above email address not less than five days
`
`before the hearing.
`
`Public Attendance
`
`
`
`The hearing will be open to the public for in-person attendance that
`
`will be accommodated on a first-come, first served basis. The records of
`
`these proceedings include confidential information subject to a protective
`
`4
`
`
`
`CBM2016-00054
`Patent 7,693,768 B1
`
`order. The parties should avoid disclosing confidential information in its
`
`demonstratives or oral arguments. If the parties have any concern about
`
`disclosing confidential information, they should to contact the Board at least
`
`two days in advance of the hearing to discuss the matter.
`
`It is so ORDERED.
`
`
`
`
`
`
`PETITIONERS:
`
`Robert Sokohl
`Rsokohl-ptab@skgf.com
`
`Lori Gordon
`Lgordon-ptab@skgf.com
`
`Richard Bemben
`Rbemben-ptab@skgf.com
`
`
`PATENT OWNER:
`
`Leif Sigmond, Jr.
`sigmond@mbhb.com
`
`Cole Richter
`richter@mbhb.com
`
`
`
`
`5
`
`
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