`Tel: 571-272-7822
`
`Paper 28
`Entered: March 10, 2017
`
`
`
`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.,
`Petitioner,
`
`v.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`_______________
`
`CBM2016-00031 (Patent 7,813,996 B2)
`CBM2016-00032 (Patent 7,212,999 B2)
`CBM2016-00051 (Patent 7,904,374 B2)1
`_______________
`
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and
`JEREMY M. PLENZLER, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`1 This Order addresses the same or similar issue in the proceedings listed
`above. Therefore, we issue one Order to be filed in each proceeding. The
`parties, however, are not authorized to use this style of filing.
`
`
`
`
`CBM2016-00031 (Patent 7,813,996 B2)
`CBM2016-00032 (Patent 7,212,999 B2)
`CBM2016-00051 (Patent 7,904,374 B2)
`
`A conference call was held on March 9, 2017 between counsel for the
`
`parties and Judges Medley, Petravick, and Plenzler. Pursuant to 37 C.F.R. §
`42.20(b), Patent Owner requested authorization to file additional
`submissions in each of these proceedings to address the decision in Trading
`Technologies Int’l, Inc. v. CQG, Inc. et al, 2017 WL 192716, (Fed. Cir. Jan
`18, 2017). (“CQG”). CQG issued on January 18, 2017, after Patent Owner
`filed the Patent Owner Responses, and addresses eligibility of a related
`patent under 35 U.S.C. § 101. Petitioners did not oppose Patent Owner’s
`request and sought authorization to file a response to any additional
`submission.
`
`After consideration of the information received during the call, we
`authorize Patent Owner to file additional submissions in each of these
`proceedings. The submissions are limited to addressing the issue of the
`impact of the Federal Circuit’s decision in CQG on these proceedings. The
`submissions are limited to 5 pages and should be filed no later than March
`17, 2017. Petitioners are authorized to file responses to the additional
`submissions in each of these proceedings. As Petitioner’s Replies include
`some discussion of CQG (E.g., see generally CBM2016-00031, Paper 29),
`the responses are limited to 3 pages and should be filed no later than March
`24, 2017.
`
`It is:
`
`ORDERED that Patent Owner may file an additional submission
`limited to 5 pages, no later than March 17, 2017 in each proceeding; and
`
` 2
`
`
`
`
`
`
`
`CBM2016-00031 (Patent 7,813,996 B2)
`CBM2016-00032 (Patent 7,212,999 B2)
`CBM2016-00051 (Patent 7,904,374 B2)
`
`FURTHER ORDERED that Petitioner may file a response to the
`
`additional submission, limited to 3 pages, no later than March 24, 2017 in
`each proceeding.
`
`
`PETITIONER:
`
`John C. Phillips
`Kevin Su
`FISH & RICHARDSON P.C.
`CBM41919-0013CP1@fr.com
`PTABInbound@fr.com
`
`Michael T. Rosato
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`
`
`PATENT OWNER:
`
`Leif R. Sigmond, Jr.
`Cole Richter
`MCDONNELL BOEHNEN HULBERT & BERGHOFF LLP
`sigmond@mbhb.com
`richter@mbhb.com
`
` 3
`
`
`
`
`
`
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