`571-272-7822
`
`
`
`
`Paper 48
`Entered: September 26, 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 (U.S. Patent No. 7,813,996 B2)
`CBM2016-00051 (U.S. Patent No. 7,904,374 B2)
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and
`JEREMY M. PLENZLER, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`
`
`DECISION
`Granting Motions to Seal and Motions to Preserve Record Pending Appeal
`37 C.F.R. §§ 42.14, 42.54, 42.56
`
`
`
`
`
`
`
`
`
`
`
`CBM2016-00031 (Patent 7,813,996 B2)
`CBM2016-00051 (Patent 7,904,374 B2)
`INTRODUCTION
`
`Motions to Seal
`
`Pursuant to 37 C.F.R. § 42.14, Patent Owner filed, in each proceeding,
`motions to seal Exhibits 2294 and 2295 in their entirety. Paper 25.1 Patent
`Owner represents that Petitioner does not oppose the motions. Id. at 1.
`There is a strong public policy for making all information filed in a
`covered business method patent review open to the public. Under 35 U.S.C.
`§ 326(a)(1), the default rule is that all papers filed in a covered business
`method patent review are open and available for access by the public; a
`party, however, may file a concurrent motion to seal (37 C.F.R. § 42.14).
`The standard for granting a motion to seal is “for good cause.” 37 C.F.R. §
`42.54. The party moving to seal bears the burden of proof in showing
`entitlement to the requested relief, and must explain why the information
`sought to be sealed constitutes confidential information. 37 C.F.R. §
`42.20(c).
`Patent Owner asserts that there is good cause to seal the papers and
`exhibits because they contain third-party sensitive business information and
`confidential admissions/statements that would not otherwise be published or
`made available to the public. Paper 25, 4–5. We agree. The information
`Patent Owner seeks to seal was not relied on in the Final Written Decision.
`As such, protecting the confidential information from public disclosure only
`minimally impacts the public’s interest in maintaining a complete file
`history. Further, the third-parties object to the release of their confidential
`information into the public domain. Id. at 4.
`
`
`1 CBM2016-00031 is representative, and all citations are to CBM2016-
`00031 unless otherwise noted.
`
`2
`
`
`
`CBM2016-00031 (Patent 7,813,996 B2)
`CBM2016-00051 (Patent 7,904,374 B2)
`A motion to seal is required to include a proposed protective order and
`a certification that the moving party has in good faith conferred or attempted
`to confer with the opposing party in an effort to come to an agreement as to
`the scope of the proposed protective order for this covered business method
`patent review. 37 C.F.R. § 42.54. Patent Owner indicates that the parties
`have conferred and agree to entry of the default protective order located at
`Office Trial Practice Guide, 77 Fed. Reg. 48756, 48771 (Aug. 14, 2012)
`(Appendix B). Paper 25, 5.
`Based on Patent Owner’s unopposed representations and the
`reasonably limited scope of the protection sought, we determine that good
`cause exists to grant the motions to seal. 37 C.F.R. § 42.54.
`
`
`Motions to Preserve Record Pending Appeal
`Patent Owner filed unopposed motions requesting that the records in
`
`these proceedings be preserved pending outcome of appeal. Paper 51. A
`Notice of Appeal has been filed in CBM2016-00031. Paper 50. A notice of
`appeal has not yet been filed in CBM2016-00051. Petitioners do not oppose
`the request. Paper 51, 1. Sealed information ordinarily becomes publicly
`available after final judgment. See Office Patent Trial Practice Guide, 77
`Fed. Reg. 48756, 48761 (Aug. 14, 2012). A party may file a motion to
`expunge confidential information from the record, however, if wishing to
`preserve its confidentiality. 37 C.F.R. § 42.56.
`Here, Patent Owner asks that the records be preserved as is, i.e.,
`without removal or disclosure to the public of the information filed under
`seal, pending appeal. Paper 51, 1. Under the present circumstances, it is
`reasonable to maintain the records undisturbed pending outcome of any
`appeal that is taken. Patent Owner requests that the information filed under
`
`3
`
`
`
`CBM2016-00031 (Patent 7,813,996 B2)
`CBM2016-00051 (Patent 7,904,374 B2)
`seal in these proceedings be expunged from the record within ten days of the
`disposition of all appeals. Id. at 2–3. Patent Owner’s request is denied as
`premature. For each of these proceedings, at the conclusion of appeal, or if
`no appeal is taken within ten business days of the expiration of the period to
`file a notice of appeal, Patent Owner may contact the Board for authorization
`to file a motion to expunge confidential information. If Patent Owner does
`not contact the Board, then the information filed under seal may be made
`public in due course. See 77 Fed. Reg. at 48761.
`
`It is:
`ORDERED that Patent Owner’s motions to seal are granted;
`
`
`FURTHER ORDERED that, for each of these proceedings, within ten
`business days of the conclusion of appeal, or if no appeal is taken within ten
`business days of the expiration of the period to file a notice of appeal, Patent
`Owner may contact the Board for authorization to file a motion to expunge
`confidential information; and
`FURTHER ORDERED that the record in each proceeding shall
`remain undisturbed as discussed herein until such time that a motion to
`expunge confidential information is filed or, if the Patent Owner fails to
`contact the Board as required herein, the information filed under seal shall
`be made public in due course.
`
`
`
`
`
`
`4
`
`
`
`CBM2016-00031 (Patent 7,813,996 B2)
`CBM2016-00051 (Patent 7,904,374 B2)
`PETITIONER:
`John Phillips
`Kevin Su
`FISH & RICHARSON P.C.
`CBM41919-0004CP1@fr.com
`PTABInbound@fr.com
`
`Michael Rosato
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`
`PATENT OWNER:
`Leif Sigmond
`Michael Gannon
`Jennifer M. Kurcz,
`BAKER & HOSTETLER LLP
`lsigmond@bakerlaw.com
`mgannon@bakerlaw.com
`jkurcz@bakerlaw.com
`
`Jay Knobloch
`Steven Borsand
`Trading Technologies International, Inc.
`jay.knobloch@tradingtechnologies.com
`steve.borsand@tradingtechnologies.com
`
`5
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`