`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Paper No. ____
`Filed: May 22, 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.
`
`Petitioners
`
`v.
`
` TRADING TECHNOLOGIES INTERNATIONAL, INC.
`
`Patent Owner
`_________________
`
`Case CBM2016-00087
`U.S. Patent 7,412,416 B2
`_________________
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`
`
`
`
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner objects to the following
`
`Case CBM2016-00087
`U.S. Patent 7,412,416 B2
`
`Petitioner Exhibits:
`
`1061 -
`
`Growth and Change in the Eighties, New York Stock Exchange
`
`Annual Report, 1983.
`
`1062 -
`
`Terrell, E., “History of the American and NASDAQ Stock
`
`Exchanges,” Business Reference Services, September 2006.
`
`1063 -
`
`Rustin, R., “Stock Exchange’s New Home May Feature Push-
`
`Button Trades Via Private Offices,” The Wall Street Journal,
`
`May 13, 1969.
`
`1066 - Merriam-Webster Collegiate Dictionary, Eleventh Edition,
`
`2008
`
`1067 - Webster’s New World College Dictionary, Fourth Edition,
`
`2012.
`
`I.
`
`OBJECTIONS TO EXHIBITS 1061-1063, AND 1066-1067
`
`Patent Owner objects to Exhibits 1061-1063, and 1066-1067 to the extent
`
`that Petitioners rely on their contents for the truth of the matters asserted therein.
`
`Exhibits 1061-1063, and 1066-1067 are inadmissible hearsay under FRE 801 and
`
`802, and no exception applies.
`
`1
`
`
`
`Case CBM2016-00087
`U.S. Patent 7,412,416 B2
`
`Further, Petitioners have submitted no evidence that sufficiently
`
`authenticates Exhibits 1061-1063, and 1066-1067 rendering these Exhibits
`
`inadmissible under FRE 901.
`
`Patent Owner also objects to Exhibits 1061-1063, and 1066-1067 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.
`
`
`
`
`Dated: May 22, 2017
`
`By:
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`/Cole B. Richter/
`Cole B. Richter,
`Counsel for Patent Owner
`Reg. No. 65,398
`
`
`
`McDonnell Boehnen Hulbert &
`Berghoff LLP
`300 South Wacker Drive
`Chicago, Illinois 60606
`(312) 913-0001 Telephone
`(312) 913-0002 Facsimile
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`Case CBM2016-00087
`U.S. Patent 7,412,416 B2
`
`The undersigned hereby certifies that a copy of the foregoing Patent
`
`Owner’s Objections to Evidence was served on May 22, 2017, via email directed
`
`to counsel of record for the Petitioner at the following:
`
`Robert E. Sokohl
`rsokohl-PTAB@skgf.com
`
`Lori A. Gordon
`lgordon-PTAB@skgf.com
`
`Richard M. Bemben
`rbemben-PTAB@skgf.com
`
`John C. Phillips
`PTABINBOUND@fr.com
`
`PTAB@skgf.com
`
`
`
`Date: May 22, 2017
`
`
`
`
`
`
`
`/Cole B. Richter/
`
`
`
`
`
`
`
`
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
