Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 35
`Entered: April 3, 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 and MEREDITH C. PETRAVICK,
`Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`
`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.
`
`
`
`Tel: 571-272-7822
`
`Paper 35
`Entered: April 3, 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 and MEREDITH C. PETRAVICK,
`Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`
`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)
`
` The Scheduling Orders in these proceedings provide for an oral
`
`hearing if an oral hearing is requested by the parties and granted by the
`panel. Petitioners and Patent Owner requested oral hearing pursuant to 37
`C.F.R. § 42.70. The requests are granted.
`The hearing will commence at 1:30 p.m. Eastern Time on May 3,
`
`2017, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia.
`The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing.
`Schedule of Arguments
`The patents at issue in CBM2016-00031 and CBM2016-00051 are
`related in that they each claim priority to U.S. Patent No. 6,772,132.
`Arguments in these proceedings are consolidated, and each party will have
`60 minutes total time to present arguments.
`Arguments for CBM2016-00032 are not consolidated with arguments
`for any other proceeding. Each party will have 30 minutes total time to
`present arguments.
`Arguments for CBM2016-00031 and CBM2016-00051 will be heard
`first.
`
`Order of Arguments
`Petitioners bear the ultimate burden of proof that the challenged
`
`claims are unpatentable. Petitioners will open each hearing by presenting its
`arguments regarding the challenged claim for which we instituted trial.
`Thereafter, Patent Owner will argue its opposition to Petitioners’ arguments.
`Petitioners may reserve time to rebut Patent Owner’s opposition.
`
` 2
`
`
`
`
`
`
`
`CBM2016-00031 (Patent 7,813,996 B2)
`CBM2016-00032 (Patent 7,212,999 B2)
`CBM2016-00051 (Patent 7,904,374 B2)
`
`
`Prohibition of New Arguments or Evidence
`The parties are not permitted to raise new arguments or evidence
`
`at oral hearing. Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756,
`48,768 (Aug. 14, 2012). Any new arguments or evidence will not be
`considered.
`
`Demonstratives
`Demonstrative exhibits are intended to be visual aids to assist a party
`
`in making its oral presentation. CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, Case No. IPR2013-00033, slip op. at 3, (PTAB Oct. 23,
`2013)(Paper 118). Demonstrative exhibits are not evidence and as such, the
`exhibits cannot add new evidence to the record of the proceeding. St. Jude
`Medical, Cardiology Division, Inc. v. The Board of Regents of the University
`of Michigan, Case No. IPR2013-00041, slip op. at 2 (PTAB Jan. 27, 2014)
`(Paper 65). Demonstrative exhibits are not an opportunity for additional
`briefing. Id. at 3. Arguments that have not been made previously cannot be
`made at the trial hearing, and thus, cannot be in a demonstrative exhibit. Id.
`Similarly, the exhibits cannot rely on evidence that, although it is in the
`record, was never specifically discussed in any substantive paper before the
`Board. Id.
`Demonstrative exhibits are limited to reproduction of portions of
`
`papers of record or portions of the evidence specifically discussed in the
`substantive papers of record. Demonstrative exhibits must include a
`citation to where the reproduced portion of the paper is in the record or
`to where the evidence is discussed in a substantive paper in the record.
`
` 3
`
`
`
`
`
`
`
`CBM2016-00031 (Patent 7,813,996 B2)
`CBM2016-00032 (Patent 7,212,999 B2)
`CBM2016-00051 (Patent 7,904,374 B2)
`
`
`Objections to Demonstratives
`Under 37 C.F.R. § 42.70(b), the parties shall serve any demonstrative
`exhibits upon each other at least five business days prior to the hearing. The
`parties shall file the demonstrative exhibits at least two business days prior
`to the hearing.
`We expect that the parties will meet and confer in good faith to
`resolve all objections to demonstrative exhibits, but if such objections cannot
`be resolved, the parties may file objections to demonstratives with the Board
`no later than two business days before the hearing. The objections should
`identify with particularity which portions of the demonstrative exhibits are
`subject to objection, include a copy of the objected-to portions, and include a
`one-sentence statement of the reason for each objection. No argument or
`further explanation is permitted. We will consider any objections and
`schedule a conference call if deemed necessary. Otherwise, we will reserve
`ruling on the objections. Any objection to demonstrative exhibits that is not
`timely filed will be considered waived.
`Counsel
`Lead counsel for each party is expected to be present in person at the
`
`oral hearing. Any counsel of record, however, may present the party’s
`arguments. If either party expects that its lead counsel will not be attending
`the oral argument, the parties should initiate a joint telephone conference
`with the panel no later than two business days prior to the oral hearing to
`discuss the matter.
`
`Each party will designate one or two counsel to present consolidated
`arguments for CBM2016–00031 and CBM2016-00051, and one or two
`
` 4
`
`
`
`
`
`
`
`CBM2016-00031 (Patent 7,813,996 B2)
`CBM2016-00032 (Patent 7,212,999 B2)
`CBM2016-00051 (Patent 7,904,374 B2)
`
`counsel to present arguments for CBM2016-00032. Only designated
`counsel may make objections or otherwise address the panel during the oral
`hearing. The designated counsel may seek permission from the panel for
`other counsel of record to address the panel, if necessary.
`Special Requests
`Any special requests for audio visual equipment or reserved seating
`
`should be directed to Trials@uspto.gov. Request for special equipment or
`reserved seating will not be honored unless presented in a separate
`communication directed to the above email address not less than five days
`before the hearing.
`
`Public Attendance
`The hearing will be open to the public for in-person attendance that
`
`will be accommodated on a first-come, first served basis. The records of
`these proceedings include confidential information subject to a protective
`order. The parties should avoid disclosing confidential information in its
`demonstratives or oral arguments. If the parties have any concern about
`disclosing confidential information, they should contact the Board at least
`two days in advance of the hearing to discuss the matter.
`
`It is so ORDERED.
`
`
`
`
`
`
`
`
`
`
` 5
`
`
`
`
`
`
`
`CBM2016-00031 (Patent 7,813,996 B2)
`CBM2016-00032 (Patent 7,212,999 B2)
`CBM2016-00051 (Patent 7,904,374 B2)
`
`PETITIONER:
`
`John C. Phillips
`Kevin Su
`FISH & RICHARSON P.C.
`CBM41919-0004CP1@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
`
`
`
` 6
`
`
`
`
`
`
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