UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`IBG LLC,
`INTERACTIVE BROKERS LLC, TRADESTATION GROUP, INC., and
`TRADESTATION SECURITIES, INC
`Petitioners,
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`v.
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`TRADING TECHNOLOGIES INTERNATIONAL, INC.
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`Patent Owner
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`__________
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`Case CBM2016-00051
`U.S. Patent No. 7,904,374
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`PETITIONERS’
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10(c)
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`IBG LLC,
`INTERACTIVE BROKERS LLC, TRADESTATION GROUP, INC., and
`TRADESTATION SECURITIES, INC
`Petitioners,
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`v.
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`TRADING TECHNOLOGIES INTERNATIONAL, INC.
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`Patent Owner
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`__________
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`Case CBM2016-00051
`U.S. Patent No. 7,904,374
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`PETITIONERS’
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10(c)
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`Case CBM2016-00051
`Attorney Docket No. 41919-0013CP1
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`EXHIBITS
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`TS-1001
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`U.S. Patent No. 7,904,374 (“’374 patent”)
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`TS-1002
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`Prosecution History of the ’374 patent
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`TS-1003
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`Certified Translation of “Futures/Option Purchasing System
`Trading Terminal Operation Guide” (“TSE”)
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`TS-1004
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`U.S. Patent No. 5,297,031 (“Gutterman”)
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`TS-1005 WO 90/11571 to Belden, et al. (“Belden”)
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`TS-1006
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`Certificate of Translation for “Futures/Option Purchasing
`System Trader Terminal Operation Guide” (“TSE Certificate”)
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`TS-1007
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`List of materials relied upon in the declaration of Kendyl A.
`Román
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`TS-1008
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`Curriculum Vitae of Kendyl A. Román
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`TS-1009
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`Deposition Transcript of Atushi Kawashima, Trading Techs.
`Int’l., Inc. v. eSPEED, Inc., Case No. 04-cv-5312, United States
`District Court, Northern District of Illinois, Eastern Division,
`dated November 21, 2005 (“Kawashima Depo. T.”)
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`i
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`TS-1010
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`Case CBM2016-00051
`Attorney Docket No. 41919-0013CP1
`“Futures/Option Purchasing System Trading Terminal Operation
`Guide,” Tokyo Stock Exchange” (“TSE JP”)
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`TS-1011
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`Declaration of Kendyl A. Román
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`TS-1012
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`Lodewijk Petram, The World’s First Stock Exchange
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`TS-1013
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`History of the American and NASDAQ Stock Exchanges
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`TS-1014
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`Complaint for Patent Infringement
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`TS-1015
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`Office Patent Trial Practice Guide
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`TS-1016
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`The American Heritage Dictionary of the English Language, 3d
`Ed. (1992)
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`TS-1017 MPEP 2106
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`TS-1018
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`Volusion, Inc. v. Versata Software, Inc., CBM2013-00018,
`Institution Decision, Paper No. 8
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`TS-1019
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`Letter to Dir. Michelle K. Lee
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`TS-1020 Weiss, “After the Trade is Made”
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`TS-1021
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`U.S. Patent No. 5,375,055 to Togher et al. (“Togher”)
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`ii
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`TS-1022-1032 Reserved
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`Case CBM2016-00051
`Attorney Docket No. 41919-0013CP1
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`TS-1033
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`Trading Techs. Int’l. v. CQG No. 05-cv-4811, slip op. at 10
`(N.D. Ill. Feb. 24, 2015)
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`TS-1034
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`U.S. Patent No. 5,960,411 to Harman Peri et al. (“the Amazon
`one-click patent”)
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`TS-1035
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`Dictionary of Computing (4th Ed, Oxford University Press,
`1996)
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`TS-1036
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`Inside Macintosh, Promotional Edition
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`TS-1037-1040 Served, but not filed (see below)
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`TS-1041
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`Declaration in support of Unopposed Motion for Pro Hac Vice
`Admission of Adam Kessel
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`_________________________________
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`Served but not filed:
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`TS-1037 Declaration of John C. Phillips
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`TS-1038 MPEP 2106, Rev.07.2015, November 2015 (served 9/6/2016)
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`TS-1039 Declaration of Aaron Cohen
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`TS-1040 Deposition Transcript of Atushi Kawashima dated June 17, 2016
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`iii
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`Case CBM2016-00051
`Attorney Docket No. 41919-0013CP1
`Pursuant to 37 C.F.R. § 42.10(c), Petitioners respectfully request that the
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`Board recognize Adam J. Kessel as counsel pro hac vice in this proceeding.
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`Petitioners seek the counsel of Adam J. Kessel due to his experience in
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`representing Petitioners in other patent-related matters and particularly due to his
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`familiarity with the substantive and technical issues involved in this proceeding.
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`This motion is authorized by the Notice of Filing Date Accorded to Petition and
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`Time for Filing Patent Owner Preliminary Response that was mailed on April 4,
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`2016. Patent Owner has indicated that it does not oppose this motion.
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`Statement of Facts
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`Mr. Kessel is a patent litigation attorney with more than a decade of
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`experience representing clients in cases involving computer software. Mr. Kessel
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`regularly litigates cases before the United States Court of Appeals for the Federal
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`Circuit, various federal district courts, and the International Trade Commission.
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`Through his practice in such cases, Mr. Kessel has gained substantial experience in
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`jury trials, discovery, Markman hearings, and appeals. In addition to his legal
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`experience, Mr. Kessel had many years of software development experience prior
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`to entering the practice of law. Mr. Kessel also has a degree in chemistry from
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`Princeton University. Mr. Kessel’s biography is attached to the Declaration of
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`Adam Kessel in Support of Petitioner’s Motion for Pro Hac Vice Admission as
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`Exhibit A.
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`1
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`Case CBM2016-00051
`Attorney Docket No. 41919-0013CP1
`Mr. Kessel also has particular experience and familiarity with the
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`substantive and technical issues involved in this Covered Business Method review
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`proceeding. Mr. Kessel has been involved in co-pending patent litigation brought
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`by Patent Owner against Petitioners since its inception in June 2010. Over the past
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`five years, Mr. Kessel has invested substantial time on Petitioners’ behalf on
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`motion practice, discovery, appeals, and analysis of the patents-in-suit, including
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`the patent for which review is sought in the instant proceeding. Petitioners have
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`thus invested significant financial resources in this related matter in which Mr.
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`Kessel served as Petitioners’ counsel. Moreover, through his representation in the
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`related matter, Petitioners have developed a particular relationship with Mr. Kessel
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`such that Petitioners desire to continue the relationship with Mr. Kessel for the
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`purpose of this proceeding.
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`1. Affidavit of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by a Declaration
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`by Mr. Kessel in accordance with the “Order Authorizing Motion for Pro Hac Vice
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`Admission” in Case IPR2013-00639, Paper 7.
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`2
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`Case CBM2016-00051
`Attorney Docket No. 41919-0013CP1
`Accordingly, Petitioners submit that there is good cause under 37 C.F.R. §
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`42.10(c) for the Board to recognize Mr. Kessel as counsel pro hac vice during this
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`proceeding.
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`Date: October 6, 2016
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`
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`Fish & Richardson P.C.
`Telephone: 858-678-4304
`Facsimile: 877-769-7945
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`Respectfully submitted,
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`/John C. Phillips/
`John C. Phillips
`Reg. No. 35,322
`Counsel for Petitioner
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`3
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`Case CBM2016-00051
`Attorney Docket No. 41919-0013CP1
`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4) and 42.6(e)(4)(iii), the undersigned certifies
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`that on October 6, 2016, a complete and entire copy of this Petitioners’ Unopposed
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`Motion for Pro Hac Vice and Exhibit were provided via electronic service to the
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`Patent Owner, by serving the correspondence address of record as follows:
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`Erika H. Arner, Joshua L. Goldberg, Kevin Rodkey,
`Rachel L. Emsley and Cory C. Bell
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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`Michael D. Gannon, Leif R. Sigmond, Jr., and Jennifer M. Kurcz
`McDonnell, Boehnen, Hulbert & Berghoff LLP
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`Steven F. Borsand
`Trading Technologies International, Inc.
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`Email: erika.arner@finnegan.com
`joshua.goldberg@finnegan.com
`kevin.rodkey@finnegan.com
`rachel.emsley@finnegan.com
`cory.bell@finnegan.com
`gannon@mbhb.com
`sigmond@mbhb.com
`kurcz@mbhb.com
`tt-patent-cbm@tradingtechnologies.com
`Trading-Tech-CBM@finnegan.com
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`/Diana Bradley/
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`Diana Bradley
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(858) 678-5667
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