Trials@uspto.gov
`571.272.7822
`
`Paper No. 36
` Entered: May 17, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CQG, INC., CQG, LLC (f/k/a CQGT, LLC),
`INTERACTIVE BROKERS LLC, TRADESTATION GROUP, INC.
`TRADESTATION SECURITIES, INC., and
`TRADESTATION TECHNOLOGIES, INC.,
`Petitioner,1
`
`v.
`
`CHART TRADING DEVELOPMENT, LLC,
`Patent Owner.
`____________
`
`Case CBM2016-00046 (Patent No. 7,890,416 B2)
`Case CBM2016-00047 (Patent No. 8,041,626 B2)
`Case CBM2016-00048 (Patent No. 8,060,435 B2)2
`____________
`
`Before JAMESON LEE, KEVIN F. TURNER, and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`CHERRY, Administrative Patent Judge.
`
`ORDER
`Trial Hearing Notice
`35 U.S.C. § 326(a)(10); 37 C.F.R. § 42.70
`
`1 CQG, Inc. and CQG, LLC are parties in all three cases. Interactive
`Brokers LLC is a party in CBM2016-00046 and 47. Tradestation Group,
`Inc., Tradestation Securities, Inc., and Tradestation Technologies, Inc. are
`only parties in CBM2016-00046.
`2 The Board is entering this Order in each proceeding. The parties are not
`authorized to use a caption identifying multiple proceedings.
`
`
`571.272.7822
`
`Paper No. 36
` Entered: May 17, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CQG, INC., CQG, LLC (f/k/a CQGT, LLC),
`INTERACTIVE BROKERS LLC, TRADESTATION GROUP, INC.
`TRADESTATION SECURITIES, INC., and
`TRADESTATION TECHNOLOGIES, INC.,
`Petitioner,1
`
`v.
`
`CHART TRADING DEVELOPMENT, LLC,
`Patent Owner.
`____________
`
`Case CBM2016-00046 (Patent No. 7,890,416 B2)
`Case CBM2016-00047 (Patent No. 8,041,626 B2)
`Case CBM2016-00048 (Patent No. 8,060,435 B2)2
`____________
`
`Before JAMESON LEE, KEVIN F. TURNER, and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`CHERRY, Administrative Patent Judge.
`
`ORDER
`Trial Hearing Notice
`35 U.S.C. § 326(a)(10); 37 C.F.R. § 42.70
`
`1 CQG, Inc. and CQG, LLC are parties in all three cases. Interactive
`Brokers LLC is a party in CBM2016-00046 and 47. Tradestation Group,
`Inc., Tradestation Securities, Inc., and Tradestation Technologies, Inc. are
`only parties in CBM2016-00046.
`2 The Board is entering this Order in each proceeding. The parties are not
`authorized to use a caption identifying multiple proceedings.
`
`
`
`CBM2016-00046 (Patent 7,890,416 B2)
`CBM2016-00047 (Patent 8,041,626 B2)
`CBM2016-00048 (Patent 8,060,435 B2)
`
`
`Both Petitioner and Patent Owner requested a hearing pursuant to
`
`37 C.F.R. § 42.70(a). CBM2016-00046, Papers 34, 35; CBM2016-00047,
`
`Papers 33, 34; CBM2016-00048, Papers 33, 34. In each of its requests,
`
`Petitioner requested “no more than one hour per side of oral argument.” See
`
`CBM2016-00046, Paper 34, 1.3 In its requests, Petitioner did not specify
`
`whether or not it was requesting that amount of time for each of the cases or
`
`for all of the cases together in a consolidated hearing for all three
`
`proceedings. Patent Owner asked for a consolidated hearing, and requested
`
`“a total of forty-five (45) minutes of argument to address issues in all three
`
`proceedings.” See CBM2016-00046, Paper 35, 1. In order to clarify
`
`whether Petitioner was amenable to a consolidated hearing, we issued an
`
`order asking the parties to inform us whether they would agree to a
`
`consolidated hearing. See CBM2016-00046, Paper 36. Judges Cherry and
`
`Lee also held a call with counsel for the parties on May 16, 2017, to obtain
`
`their views on a consolidated hearing. On the call, counsel for both parties
`
`agreed to a consolidated hearing. In view of the foregoing, the parties’
`
`requests for oral hearing are granted.
`
`These proceedings will be heard in the afternoon of June 8, 2017,
`
`beginning at 1:00 p.m. Eastern Time. Given the overlap in these three
`
`proceedings, each side will have 60 minutes of total argument time.
`
`Petitioner bears the ultimate burden of proof that Patent Owner’s original
`
`patent claims at issue are unpatentable. Also, Petitioner has filed a Motion
`
`to Exclude Evidence in each proceeding, and Patent Owner has filed a
`
`Motion to Amend Claims in each proceeding. Therefore, at oral hearing,
`
`
`3 We cite to the papers in CBM2016-00046 as representative.
`
`
`
`2
`
`
`
`CBM2016-00046 (Patent 7,890,416 B2)
`CBM2016-00047 (Patent 8,041,626 B2)
`CBM2016-00048 (Patent 8,060,435 B2)
`
`Petitioner will proceed first to present its case with respect to the challenged
`
`claims and grounds with respect to which the Board instituted trial and any
`
`arguments in support of its Motions to Exclude. Thereafter, Patent Owner
`
`will respond to Petitioner’s presentation and present any arguments in
`
`support of its Motions to Amend. Each party may reserve rebuttal time.
`
`Petitioner may make use of the time it has reserved to rebut Patent Owner’s
`
`presentation. Patent Owner may then use its rebuttal time, if any, to present
`
`rebuttal with regard to its Motion to Amend.
`
`New arguments not previously presented in the parties’ substantive
`
`papers in this proceeding should not be raised at oral hearing.
`
`The hearing will be open to the public for in-person attendance on the
`
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`
`Virginia. In-person attendance will be accommodated on a first-come, first-
`
`served basis. The Board will provide a court reporter for the hearing and the
`
`reporter’s transcript will constitute the official record of the hearing.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`
`(7) business days prior to the hearing. They shall be filed at the Board prior
`
`to the hearing, and the parties must initiate a conference call with the Board
`
`by two (2) business days prior to the hearing to resolve any dispute over the
`
`propriety of each party’s demonstrative exhibits. Any dispute over the
`
`propriety of demonstrative exhibits that is not timely presented two business
`
`days prior to the hearing will be considered waived. The parties are directed
`
`to CBS Interactive Inc. v. Helferich Patent Licensing, LLC, Case IPR2013-
`
`00033 (PTAB October 23, 2013) (Paper 118), regarding the appropriate
`
`content of demonstrative exhibits.
`
`
`
`3
`
`
`
`CBM2016-00046 (Patent 7,890,416 B2)
`CBM2016-00047 (Patent 8,041,626 B2)
`CBM2016-00048 (Patent 8,060,435 B2)
`
`
`Questions regarding specific audio-visual equipment should be
`
`directed to the Board at (571) 272-9797. Requests for audio-visual
`
`equipment are to be made at least five (5) business days in advance of the
`
`hearing date. The request is to be sent to Trials@uspto.gov. If the request is
`
`not received timely in the manner specified herein, the equipment may not
`
`be available on the day of the hearing.
`
`The parties are reminded that the presenter must identify clearly and
`
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`
`referenced during the hearing to ensure the clarity and accuracy of the
`
`reporter’s transcript. The parties also should note that at least one member
`
`of the panel will be attending the oral hearing electronically from a remote
`
`location. Paper copies of the demonstrative exhibits may be submitted to the
`
`panel at hearing time but are not required. Because of limitations of the
`
`audio transmission systems in the hearing room, the presenter may speak
`
`only when standing at the hearing room lectern. If the parties have questions
`
`as to whether demonstrative exhibits would be sufficiently visible to all of
`
`the judges, the parties are invited to contact the Board at (571) 272-9797.
`
`The Board expects lead counsel for each party to be present at
`
`hearing, although any backup counsel may make the actual presentation, in
`
`whole or in part. If any lead counsel will not be in attendance at hearing, the
`
`Board should be notified via a joint telephone conference call no later than
`
`two business days prior to the hearing to discuss the matter.
`
`
`
`4
`
`
`
`CBM2016-00046 (Patent 7,890,416 B2)
`CBM2016-00047 (Patent 8,041,626 B2)
`CBM2016-00048 (Patent 8,060,435 B2)
`
`
`ORDER
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that the parties shall take note of the above information
`
`about the oral hearing to be held on June 8, 2017.
`
`.
`
`
`
`PETITIONER:
`
`Benjamin Lieb
`John C. Heuton
`SHERIDAN ROSS P.C.
`blieb@sheridanross.com
`jheuton@sheridanross.com
`
`Michael Rosato
`Matthew Argenti
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`margenti@wsgr.com
`
`John Phillips
`FISH & RICHARDSON
`phillips@fr.com
`
`
`
`PATENT OWNER:
`
`James Barney
`Timothy McAnulty
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`James.barney@finnegan.com
`Timothy.mcanulty@finnegan.com
`
`5
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
