`Filed: November 16, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`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 CBM2016-00054
`Patent No. 7,693,768
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`
`
`
`JOINT MOTION TO SEAL
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`
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`
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`I.
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`Case CBM2016-00054
`Patent No. 7,693,768
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`STATEMENT OF RELIEF REQUESTED
`Pursuant to this Board’s authorization on November 7, 2017, Trading
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`Technologies International, Inc. (“TT” or “Patent Owner”) and Petitioners,
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`respectfully requests that the Board maintain as confidential and under seal
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`portions of Exhibits 1063 and 1064, the deposition transcripts of Christopher H.
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`Thomas. Pursuant to this Board’s order, versions of Exhibits 1063 and 1064 that
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`redact the confidential portions are being filed herewith.
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`II. GOOD CAUSE EXISTS FOR SEALING THIS CONFIDENTIAL
`INFORMATION
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`The Board may issue this order “for good cause.” 37 C.F.R. § 42.54. For
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`good cause, the Board needs to know why information sought to be sealed
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`constitutes confidential information. Garmin Int’l, Inc. v. Cuozzo Speed Techs.
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`LLC, IPR2012-00001, Paper 36, Decision on Revised Mot. to Seal, p. 4 (P.T.A.B.
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`Apr. 5, 2013). The Board then balances the needs in protecting the information
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`against the public’s interest in maintaining a complete and understandable file
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`history. Id. at 8.
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`During the depositions of Mr. Thomas, Petitioners questioned him on
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`multiple highly confidential matters. First, Petitioners inquired as to the amount of
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`all licensing revenue TT has received over the years. (Exhibit 1064, pp. 226:13-
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`227:2). This is a matter that is confidential to TT, as well as multiple third parties
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`Case CBM2016-00054
`Patent No. 7,693,768
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`who are participants to highly confidential settlement agreements with TT.
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`Second, Petitioners inquired as to the amount that Mr. Thomas has been paid
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`for the decade of consulting work he has done on behalf of TT, in numerous
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`litigations, and different CBMs involving different parties. (Exhibit 1063, p. 169:1-
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`14; Exhibit 1064, p. 103: 6-21, pp. 403:14-404:4). This matter is also highly
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`confidential to not only TT, but Mr. Thomas.
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`TT and Petitioners thus jointly request that Exhibit 1063, p. 169:1-14, and
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`Exhibit 1064, p. 103:6-21, pp. 226:13-227:2, pp. 403:14-404:4, remain under seal
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`until this Board has ruled otherwise.
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`To the best of TT and Petitioners’ knowledge, the information sought to be
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`protected has not been made publically available.
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`It is therefore respectfully requested that the Board issue an Order regarding
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`the confidentiality of Exhibits 1063 and 1064 consistent with this motion.
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`- 2 -
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` Dated: November 16, 2017
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`
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`Case CBM2016-00054
`Patent No. 7,693,768
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`Respectfully submitted,
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`
`By: /Jennifer M. Kurcz/
`Jennifer M. Kurcz, Reg. No. 54,481
`BAKER & HOSTETLER LLP
`191 North Wacker Drive
`Suite 3100
`Chicago, IL 60606-1901
`312-416-6200
`jkurcz@bakerlaw.com
`Counsel for Patent Owner
`
`
`By: /Robert E. Sokohl/
`Robert E. Sokohl, Reg. No. 36013
`STERNE KESSLER GOLDSTEIN & FOX
`PLLC
`1100 New York Avenue, NW
`Washington, DC 20005
`202-371-2600
`rsokohl-ptab@skgf.com
`PTAB@skgf.com
`Counsel for Petitioner
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`- 3 -
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`
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`Case CBM2016-00054
`Patent No. 7,693,768
`
`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on November 16, 2017, a copy of the
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`
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`
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`foregoing PATENT OWNER’S MOTION TO MAINTAIN CONFIDENTIAL
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`INFORMATION UNDER SEAL PENDING DISPOSITION OF APPEAL
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`was served via e-mail on the following:
`
`Robert E. Sokohl
`Lori A. Gordon
`Richard M. Bemben
`STERNE KESSLER GOLDSTEIN & FOX PLLC
`1100 New York Avenue, NW
`Washington, DC 20005
`202-371-2600
`Rsokohl-ptab@skgf.com
`Lgordon-ptab@skgf.com
`Rbemben-ptab@skgf.com
`PTAB@skgf.com
`
`John C. Phillips
`FISH & RICHARDSON, PC
`12390 El Camino Real
`San Diego, CA 92130
`cbm41919-0008CP1@fr.com
`
`
`
`
`/Jennifer M. Kurcz/
`Jennifer M. Kurcz,
`Back-Up Counsel, Reg. No. 54,481
`BAKER & HOSTETLER LLP
`191 North Wacker Drive
`Suite 3100
`Chicago, IL 60606-1901
`312-416-6200
`jkurcz@bakerlaw.com
`Counsel for Patent Owner
`Trading Technologies International, Inc.
`
`
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`
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