`571-272-7822
`
`Paper 143
`Entered: October 15, 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 CBM2015-00182
`Patent No. 6,772,132
`____________
`
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and
`JEREMY M. PLENZLER, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`ORDER
`Expunging Confidential Information
`37 C.F.R. § 42.56
`
`
`
`
`
`
`CBM2015-00182
`Patent No. 6,772,132
`
`A Final Written Decision issued on February 28, 2017. Paper 129. On
`February 13, 2019, the Federal Circuit vacated1 the Final Written Decision, and the
`mandate issued on May 7, 2019. See Paper 142, 2. The Supreme Court denied a
`petition for writ of certiorari on October 7, 2019. Id.
`
`On October 10, 2019, Patent Owner filed an unopposed Motion to Expunge
`Papers 53, 61, and 66 and Exhibits 2169, 2172, 2224, 2225, 2232, 2247, 2270
`2286, 2294, and 2295 from the record pursuant to 37 C.F.R. § 42.56. Paper 142.
`Papers 53, 61, and 66 and Exhibits 2169, 2172, 2224, 2225, 2232, 2247, 2270
`2286, 2294, and 2295 contain confidential information and are sealed. See Papers
`93, 130.
`Rule 42.56 provides “after final judgement in a trial, a party may file a
`motion to expunge confidential information from the record.” Paper 53 is a
`Motion for Additional Discovery, and a version of the Motion for Additional
`Discovery with the confidential information redacted appears in the public record
`as Paper 51. Papers 61 and 66 are the Patent Owner’s Response and Corrected
`Patent Owner’s Response, respectively, and versions with the confidential
`information redacted appear in the public record as Papers 62 and 67. The public
`record also contains redacted versions of Exhibit 2169, a Declaration of
`Christopher Thomas, and Exhibit 2172, a Declaration of Jay Knobloch. Our Final
`Written Decision did not rely upon the redacted information from these Papers or
`Exhibits 2169 and 2172. It also does not rely upon Exhibits 2224, 2225, 2232,
`2247, 2270, 2286, 2294, and 2295. Under these circumstances, Patent Owner’s
`Motion to Expunge is granted.
`
`
`1 The Motion to Expunge mistakenly states that the Federal Circuit affirmed the
`Final Written Decision.
`
`2
`
`
`
`
`CBM2015-00182
`Patent No. 6,772,132
`
`ORDER
`
`Accordingly, it is:
`
`ORDERED that Patent Owner’s Motion to Expunge (Paper 142) is
`granted; and
`FURTHER ORDERED that Papers 53, 61, and 66 and Exhibits 2224,
`2225, 2232, 2247, 2270, 2286, 2294, and 2295 shall be expunged from the
`record; and
`FURTHER ORDERED that the confidential versions of Exhibits 2169
`and 2172 shall be expunged from the record.
`
`
`
`3
`
`
`
`
`CBM2015-00182
`Patent No. 6,772,132
`
`For PETITIONER:
`Robert Sokohl
`Lori Gordon
`Richard Bemben
`STERNE KESSLER GOLDSTEIN & FOX PLLC
`rsokohl-ptab@sternekessler.com
`lgordon-ptab@skgf.com
`rbemben-ptab@sternekessler.com
`
`John Phillips
`FISH & RICHARDSON
`phillips@fr.com
`
`
`For PATENT OWNER:
`
`Leif Sigmund
`Michael Gannon
`Jennifer Kurcz
`BAKER & HOSTETELER LLP
`lsigmund@bakerlaw.com
`mgannon@bakerlaw.com
`jkurcz@bakerlaw.com
`
`Steve Borsand
`Jay Knobloch
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`Steve.borsand@tradingtechnologies.com
`Jay.knobloch@tradingtechnologies.com
`
`
`
`
`
`
`4
`
`
`
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