Paper No. _______
`Filed: October 10, 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 CBM2015-00181
`U.S. Patent 7,676,411
`
`PATENT OWNER’S MOTION TO EXPUNGE
`
`
`Filed: October 10, 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 CBM2015-00181
`U.S. Patent 7,676,411
`
`PATENT OWNER’S MOTION TO EXPUNGE
`
`
`
`I.
`
`Statement of Relief Requested
`Pursuant to this Board’s authorization on October 10, 2019, Trading
`
`CBM2015-00181
`U.S. Patent 7,676,411
`
`Technologies International, Inc., (“TT” or “Patent Owner”), respectfully requests
`
`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 Patent Owner’s Response, TT filed four Motions to
`
`Seal. (Papers 61, 69, 96, and 99). These motions covered certain pleadings,
`
`declarations and exhibits containing or referring to Patent Owner’s confidential
`
`business information. (Papers 62, 70, 75, 94, and 98; Exhibits 2169, 2172, 2224,
`
`2225, 2232, 2247, 2270, 2286, 2294, and 2295).
`
`The Board granted two Motions to Seal and dismissed the other two Motions
`
`to Seal after denying and expunging the underlying confidential Motions to Submit
`
`Supplemental Information and Briefing. (Papers 101 and 139). The information
`
`covered by the two granted Motions to Seal should be expunged because this
`
`Board has already found that there was good cause to grant the motions to seal in
`
`the first instance. (Paper 139, at 4). 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
`
`1
`
`
`
`CBM2015-00181
`U.S. Patent 7,676,411
`the Final Written Decision here, expunging the confidential material does not
`
`impact the public interest in obtaining access to these proceedings. Further, any
`
`impact to the public interest has been minimized as non-confidential versions of
`
`the papers have already been filed. (Id.).
`
`On February 13, 2019, the Federal Circuit affirmed the Final Written
`
`Decision of the Board in this case, and the formal mandate issued on May 7, 2019.
`
`On July 24, 2019, Petitioner IB filed a petition for writ of certiorari, which the
`
`Supreme Court denied on October 7, 2019. Because the appeals in this case have
`
`been concluded, 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 Motions to Seal, namely
`
`that the sealed information “contain[s] information identified as [] sensitive, non-
`
`public information that a business would not make public,” 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: Papers 62, 70, and
`
`2
`
`
`
`CBM2015-00181
`U.S. Patent 7,676,411
`75, and Exhibits 2169, 2172, 2224, 2225, 2232, 2247, 2270, 2286, 2294, and
`
`2295.1
`
`Because Patent Owner has already filed redacted versions of the sealed
`
`documents, 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). A short summary of these materials follows.
`
`First, Patent Owner’s Motion for Additional Discovery (Paper 62) was not
`
`cited in the Board’s Final Written Decision (Paper 139, at 3), and contains (1)
`
`confidential information consisting of internal TradeStation documents relating to
`
`its products and customers, (2) the deposition transcripts of Mr. Bartleman
`
`(TradeStation’s President) and Mr. Galik (IB’s head of software development), and
`
`(3) quotations from those documents and transcripts. The redacted information is
`
`not specifically referenced in the Board’s final decision.
`
`Second, the redacted versions of Confidential Patent Owner’s Response
`
`(Paper 70) and Confidential Corrected Patent Owner’s Response (Paper 75) were
`
`cited in the Board’s Final Written Decision and contain declarations and exhibits
`
`that contain highly sensitive, non-public information that a business would not
`
`make public. Specifically, the redacted portions of Patent Owner’s Response
`
`
`1 Papers 94 and 98 were already expunged. (Paper 139, at 2 n.1).
`
`3
`
`
`
`CBM2015-00181
`U.S. Patent 7,676,411
`(Paper 71) and Corrected Patent Owner’s Response (Paper 76) contain business
`
`sensitive statements in the context of licensing Patent Owner’s products. The
`
`redacted information is not specifically referenced in the Board’s final decision.
`
`Third, the confidential information contained in Exhibits 2169, 2172, 2224,
`
`2225, 2232, 2247, 2270, 2286, 2294, and 2295 was not relied upon in the Board’s
`
`Final Written Decision. (Paper 139, at 3). These exhibits contain highly sensitive
`
`and proprietary Patent Owner information, including internal financial information,
`
`third-party business strategy information, and third-party admissions and
`
`statements.
`
`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 10, 2019
`
`
`
`CBM2015-00181
`U.S. Patent 7,676,411
`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
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that on October 10, 2019, a copy of
`
`CBM2015-00181
`U.S. Patent 7,676,411
`
`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
`Lori Gordon
`lgordon-PTAB@skgf.com
`Richard Bemben
`rbemben-PTAB@skgf.com
`John C. Phillips
`phillips@fr.com
`CBM41919-0008CP1@fr.com
`PTAB@skgf.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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