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Paper No. _____
`Filed: October 2, 2019
`
`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
`
`
`1 Case CBM2016-00040 has been joined with this proceeding.
`1
`
`
`
`

`

`I.
`
`Statement of Relief Requested
`Pursuant to this Board’s authorization on October 1, 2019, Trading
`
`Technologies International, Inc. (“TT” or “Patent Owner”), respectfully renews its
`
`request that all confidential information filed by Patent Owner be expunged from
`
`the record pursuant to Rule 42.56 and not be made public. Patent Owner has
`
`conferred with Petitioner on this request and Petitioner does not oppose.
`
`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
`
`to Seal. (Paper 33). This motion covered certain documents and exhibits
`
`containing or referring to confidential business information. (Paper 34 and
`
`Exhibits 2143-51, 2154, and 2156-58).
`
`On March 31, 2017, the Board granted TT’s Motion to Seal. (Paper 84).
`
`The information covered by the granted Motion to Seal should be expunged
`
`because this Board has already found that there was good cause to grant the motion
`
`to seal. (Paper 84, at 2). Specifically, TT identified that the sealed papers contain
`
`sensitive business information that would not otherwise be published or made
`
`available to the public. As this information was not relied on in the Final Written
`
`Decision here, (see id.), expunging the confidential material does not impact the
`
`public interest in obtaining access to these proceedings. Further, any impact to the
`
`2
`
`

`

`public interest has been minimized as a non-confidential version of the Motion for
`
`Additional Discovery has already been filed. (Id.)
`
`On April 30, 2019, the Federal Circuit affirmed the Final Written Decision
`
`of the Board in this case, and the formal mandate issued on August 7, 2019. On
`
`July 18, 2019, TT filed a request for an extension to file a petition for a writ of
`
`certiorari, to and including September 27, 2019, which the Supreme Court granted.
`
`On September 27, 2019, no petition for a writ of certiorari was filed with the
`
`Supreme Court. Because the appeals in this case have been concluded, as the
`
`deadline for filing a petition for a writ of certiorari has passed, this motion to
`
`expunge is now ripe for decision.
`
`B.
`
`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
`
`the sealed information “contain[s] information identified . . . as sensitive, non-
`
`public information that a business would not make public,” (Paper 33, at 2), all the
`
`information filed under seal in this matter should be expunged from the record.
`
`Expunging the sealed information will avoid the prejudice to parties that would be
`
`caused by public disclosure of their sealed information. The information Patent
`
`Owner seeks to have expunged after the disposition of appeals is as follows: Paper
`
`34 and Exhibits 2143-51, 2154, and 2156-58.
`
`3
`
`

`

`Because Patent Owner has already filed a redacted version of the Motion for
`
`Additional Discovery (Paper 32), expunging confidential materials after appeal
`
`addresses the “public interest in maintaining a complete and understandable file
`
`history for public notice purposes” while protecting the confidential and
`
`proprietary information of other parties. (See 77 FED. REG. 48623). These
`
`materials include:
`
`[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
`
`Decision.” (Paper 84, at 2).
`
`III. Conclusion
`Patent Owner respectfully requests that, because all appeals have been
`
`exhausted in this matter, the sealed materials be expunged from the CBM docket.
`
`
`
`
`
`4
`
`

`

`Dated: October 2, 2019
`
`
`
`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.
`
`5
`
`

`

`Case CBM2015-00172
`Patent No. 7,783,556
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that on October 2, 2019, a copy of the
`
`foregoing PATENT OWNER’S MOTION TO EXPUNGE was served via e-
`
`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.
`
`1
`
`
`
`
`
`

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