throbber
Paper 51
`Entered: March 18, 2020
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`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.,
`Petitioners,
`
`v.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`____________
`Case CBM2016-00051
`Patent No. 7,904,374 B2
`___________
`
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and
`JEREMY M. PLENZLER, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`ORDER
`Expunging Confidential Information
`37 C.F.R. § 42.56
`
`
`
`A Final Written Decision issued on August 7, 2017. Paper 44. The Federal
`
`Circuit affirmed the Final Written Decision on April 18 2019, and the mandate
`
`

`

`CBM2016-00051
`Patent No. 7,904,374 B2
`
`issued on August 7, 2019. The Supreme Court denied a writ of certiorari. Paper
`50, 1–2. Thus, appeals of the Final Written Decision have now been concluded.
`On March 9, 2020, Patent Owner filed an unopposed Motion to Expunge
`Exhibits 2294 and 2295 from the record pursuant to 37 C.F.R. § 42.56. Id.
`Exhibits 2294 and 2295 contain Patent Owner’s confidential information and are
`sealed. See Papers 48.
`Rule 42.56 provides “after final judgement in a trial, a party may file a
`motion to expunge confidential information from the record.” Our Final Written
`Decision did not rely upon Exhibits 2294 and 2295. See Paper 44. Under these
`circumstances, Patent Owner’s Motion to Expunge is granted.
`
`
`
`
`
`ORDER
`
`Accordingly, it is:
`
`ORDERED that Patent Owner’s Motion to Expunge (Paper 50) is
`granted; and
`FURTHER ORDERED that Exhibits 2294 and 2295 shall be expunged
`from the record.
`
`
`
`
`
`
`2
`
`
`

`

`CBM2016-00051
`Patent No. 7,904,374 B2
`
`For PETITIONER:
`John C. Phillips
`Kevin Su
`FISH & RICHARDSON, PC
`CBM41919-0013CP1@fr.com
`PTABInbound@fr.com
`
`
`Michael T. Rosato
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`
`
`
`PATENT OWNER:
`Leif R. Sigmond, Jr.
`Michael D. Gannon
`Jennifer M. Kurcz
`BAKER & HOSTETLER LLP
`lsigmond@bakerlaw.com
`mgannon@bakerlaw.com
`jkurcz@bakerlaw.com
`
`Jay Q. Knobloch
`Steven F. Borsand
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`jay.knobloch@tradingtechnologies.com
`tt-patent-cbm@tradingtechnologies.com
`
`3
`
`
`

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