`Filed: October 2, 2019
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`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
`
`
`
`PATENT OWNER’S MOTION TO EXPUNGE
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`1 Case CBM2016-00040 has been joined with this proceeding.
`1
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`I.
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`Statement of Relief Requested
`Pursuant to this Board’s authorization on October 1, 2019, Trading
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`Technologies International, Inc. (“TT” or “Patent Owner”), respectfully renews its
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`request that all confidential information filed by Patent Owner be expunged from
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`the record pursuant to Rule 42.56 and not be made public. Patent Owner has
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`conferred with Petitioner on this request and Petitioner does not oppose.
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`II. Reasons Why Requested Relief Should Be Granted
`A. The Board Found Good Cause to Seal the
`Confidential Information
`In connection with its Motion for Additional Discovery, TT filed a Motion
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`to Seal. (Paper 33). This motion covered certain documents and exhibits
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`containing or referring to confidential business information. (Paper 34 and
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`Exhibits 2143-51, 2154, and 2156-58).
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`On March 31, 2017, the Board granted TT’s Motion to Seal. (Paper 84).
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`The information covered by the granted Motion to Seal should be expunged
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`because this Board has already found that there was good cause to grant the motion
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`to seal. (Paper 84, at 2). Specifically, TT identified that the sealed papers contain
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`sensitive business information that would not otherwise be published or made
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`available to the public. As this information was not relied on in the Final Written
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`Decision here, (see id.), expunging the confidential material does not impact the
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`public interest in obtaining access to these proceedings. Further, any impact to the
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`public interest has been minimized as a non-confidential version of the Motion for
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`Additional Discovery has already been filed. (Id.)
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`On April 30, 2019, the Federal Circuit affirmed the Final Written Decision
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`of the Board in this case, and the formal mandate issued on August 7, 2019. On
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`July 18, 2019, TT filed a request for an extension to file a petition for a writ of
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`certiorari, to and including September 27, 2019, which the Supreme Court granted.
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`On September 27, 2019, no petition for a writ of certiorari was filed with the
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`Supreme Court. Because the appeals in this case have been concluded, as the
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`deadline for filing a petition for a writ of certiorari has passed, this motion to
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`expunge is now ripe for decision.
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`B.
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`The Sealed Documents Contain Confidential and
`Sensitive Business Information That was not Relied
`on by the Board in the Final Written Decision
`For the same reasons set forth in Patent Owner’s Motion to Seal, namely that
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`the sealed information “contain[s] information identified . . . as sensitive, non-
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`public information that a business would not make public,” (Paper 33, at 2), all the
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`information filed under seal in this matter should be expunged from the record.
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`Expunging the sealed information will avoid the prejudice to parties that would be
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`caused by public disclosure of their sealed information. The information Patent
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`Owner seeks to have expunged after the disposition of appeals is as follows: Paper
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`34 and Exhibits 2143-51, 2154, and 2156-58.
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`3
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`Because Patent Owner has already filed a redacted version of the Motion for
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`Additional Discovery (Paper 32), expunging confidential materials after appeal
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`addresses the “public interest in maintaining a complete and understandable file
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`history for public notice purposes” while protecting the confidential and
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`proprietary information of other parties. (See 77 FED. REG. 48623). These
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`materials include:
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`[I]nternal TradeStation documents relating to its products and
`customers, the deposition transcripts of Mr. Bartleman (TradeStation’s
`President) and Mr. Galik (IB’s head of software development) and
`quotations from those documents and transcripts in the confidential
`version of the Motion for Additional Discovery. Patent Owner has been
`advised by counsel for Petitioners that this information has not been
`published or otherwise been made public.
`(Paper 33, at 4). These materials were “not relied on in the Final Written
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`Decision.” (Paper 84, at 2).
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`III. Conclusion
`Patent Owner respectfully requests that, because all appeals have been
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`exhausted in this matter, the sealed materials be expunged from the CBM docket.
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`Dated: October 2, 2019
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`
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`Respectfully submitted,
`By: /Jennifer M. Kurcz/
`
`
`
`Jennifer M. Kurcz,
`Back-Up Counsel, Reg. No. 54,481
`BAKER & HOSTETLER LLP
`One North Wacker Drive
`Suite 4500
`Chicago, IL 60606
`312-416-6282
`jkurcz@bakerlaw.com
`Counsel for Patent Owner
`Trading Technologies International, Inc.
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`Case CBM2015-00172
`Patent No. 7,783,556
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`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that on October 2, 2019, a copy of the
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`foregoing PATENT OWNER’S MOTION TO EXPUNGE was served via e-
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`mail on the following:
`
`Robert E. Sokohl
`Rsokohl-ptab@skgf.com
`PTAB@skgf.com
`Adam J. Kessel
`Kevin K. Su
`kessel@fr.com
`su@fr.com
`John C. Phillips
`phillips@fr.com
`CBM41919-0002CP1@fr.com
`Michael T. Rosato
`mrosato@wsgr.com
`Matthew A. Argenti
`margenti@wsgr.com
`
`
`
`/Jennifer M. Kurcz/
`Jennifer M. Kurcz,
`Back-Up Counsel, Reg. No. 54,481
`BAKER & HOSTETLER LLP
`One North Wacker Drive
`Suite 4500
`Chicago, IL 60606
`312-416-6282
`jkurcz@bakerlaw.com
`Counsel for Patent Owner
`Trading Technologies International, Inc.
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