`571-272-7822
`
`Paper 91
`Entered: May 17, 2017
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`IBG LLC, INTERACTIVE BROKERS LLC, TRADESTATION GROUP, INC.,
`TRADESTATION SECURITIES, INC., TRADESTATION TECHNOLOGIES,
`INC., and IBFX, INC.
`Petitioners,
`
`v.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`____________
`
`Case CBM2015-001721
`Patent No. 7,783,556 B1
`
`____________
`
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and
`JEREMY M. PLENZLER, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`DECISION
`Denying Patent Owner’s Request for Rehearing
`37 C.F.R. § 42.71
`
`
`
`
`
`1 Case CBM2016-00040 has been joined with this proceeding.
`
`
`
`CBM2015-00172
`Patent No. 7,783,556 B1
`
`
`
`INTRODUCTION
`Trading Technologies International, Inc. (“Patent Owner”) filed a Request
`for Rehearing (Paper 88, “Req. Reh’g”) of our Final Decision (Paper 86, “Dec.”)
`determining that claims 1–22 of U.S. Patent No. 7,783,556 B1 (Ex. 1001, “the ’556
`patent”) are unpatentable. For the reasons that follow, the Request for Rehearing is
`denied.
`
`
`ANALYSIS
`A party requesting rehearing bears the burden of showing that the decision
`should be modified. 37 C.F.R. § 42.71(d). The party must identify specifically all
`matters we misapprehended or overlooked, and the place where each matter was
`previously addressed in a motion, an opposition, or a reply. Id.
`Patent Owner requests rehearing of our determination that claims 1–22 are
`not patent eligible under 35 U.S.C. § 101. Req. Reh’g 1–2. Patent Owner argues
`that we “misapprehended that the Federal Circuit’s analysis in Trading
`Technologies Int’l, Inc., v. CQG, Inc., No. 2016-1616, 2017 WL 192716 (Fed. Cir.
`Jan. 18, 2017) (“CQG”) squarely applied here.” Id. at 1. Patent Owner’s
`arguments are not persuasive.
`We did not misapprehend the Federal Circuit’s analysis in CQG. See Dec.
`
`33–34. As discussed in our Final Decision, we considered CQG but determined
`that the claims of the ’556 patent were unlike the claims at issue in CQG. Id. at 34.
`“For example, the claims of the ’556 patent do not recite the static display of prices
`feature claimed by the [patent at issue in CQG].” Id. Considering the actual
`elements of the claims of the ’556 patent, we considered and discussed both
`Supreme Court and Federal Circuit guidance emanating from several decisions
`
`2
`
`
`
`
`CBM2015-00172
`Patent No. 7,783,556 B1
`
`
`relevant to the facts of this case. See Dec. 26–38. We determined that the claims
`of the ’556 patent are like those found ineligible by the Federal Circuit in, for
`example, Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1353 (Fed. Cir.
`2016), because the claims of the ’556 patent do “not go beyond requiring the
`collection, analysis, and display of available information in a particular field,
`stating those functions in general terms, without limiting them to technical means
`for performing the functions that are arguably an advance over conventional
`computer and network technology.” Id. at 30–33 (quoting Electric Power Group,
`LLC v. Alstom S.A., 830 F.3d 1350, 1353 (Fed. Cir. 2016)). Patent Owner’s
`argument is not sufficient reason for us to modify the Final Decision, as mere
`disagreement with a decision is not a sufficient basis for requesting rehearing.
`
`
`ORDER
`
`Accordingly, it is:
`ORDERED that Patent Owner’s Request for Rehearing is denied.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`CBM2015-00172
`Patent No. 7,783,556 B1
`
`
`PETITIONER:
`
`Robert Sokohl
`STERNE KESSLER, GOLDSTEIN & FOX P.L.L.C.
`rsokohl-ptab@skgf.com
`
`John C. Phillips
`Kevin Su
`FISH & RICHARDON, P.C.
`Phillips@fr.com
`CBM41919-0002CP1@fr.com
`
`Michael Rosato
`Matthew Argenti
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`margenti@wsgr.com
`
`PATENT OWNER:
`
`Leif R. Sigmond, Jr.
`Cole B. Richter
`Michael D. Gannon
`Jennifer M. Kurcz
`McDONNELL BOEHNEN HULBERT & BERGHOFF LLP
`sigmond@mbhb.com
`richter@mbhb.com
`gannon@mbhb.com
`kurcz@mbhb.com
`
`Steven F. Borsand
`Jay Q. Knobloch
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`steve.borsand@tradingtechnologies.com
`jay.knobloch@tradingtechnologies.com
`
`
`4
`
`
`
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