` 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., and TRADESTATION
`SECURITIES, INC.,
`
`Petitioners,
`
`v.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`
`Patent Owner.
`
`Case CBM2016-00031
`U.S. Patent 7,813,996
`
`PATENT OWNER’S MOTION TO EXPUNGE
`
`
`
`
`I.
`
`Statement of Relief Requested
`
`Case CBM2016-00031
`Patent No. 7,813,996
`
`
`Pursuant to this Board’s authorization on October 10, 2019, Trading
`
`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 a Motion to Seal.
`
`(Paper 25). This motion covered certain exhibits containing or referring to Patent
`
`Owner’s confidential business information. (Exhibits 2294 and 2295). 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, expunging the confidential
`
`material does not impact the public interest in obtaining access to these
`
`proceedings.
`
`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
`
`
`
`- 1 -
`
`
`
`Case CBM2016-00031
`Patent No. 7,813,996
`
`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 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 25, 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:
`
`Exhibits 2294-2295. These materials include, “excerpts of district court
`
`Deposition Transcript of Dr. J. Mellor marked ‘Confidential - Attorneys’ Eyes
`
`Only’” and “excerpts of district court Deposition Transcript of R. Ferraro vol. II
`
`marked ‘Confidential.’” (Paper 25, at 4). To TT’s knowledge, these transcripts
`
`have not been made public. (Id.). These materials were not relied on in the Final
`
`Written Decision. (Paper 47, at 33).
`
`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.
`
`- 2 -
`
`
`
`Dated: October 10, 2019
`
`Case CBM2016-00031
`Patent No. 7,813,996
`
`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.
`
`- 3 -
`
`
`
`Case CBM2016-00031
`Patent No. 7,813,996
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that on October 10, 2019, a copy of the
`
`foregoing PATENT OWNER’S MOTION TO EXPUNGE was served via e-
`
`mail on the following:
`
`Michael T. Rosato
`mrosato@wsgr.com
`
`John C. Phillips
`phillips@fr.com
`CBM41919-0004CP1@fr.com
`
`Kevin Su
`PTABInbound@fr.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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