`
`Trials@uspto.gov
`Entered: November 21, 2017
`
`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.,
`Petitioner,
`v.
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`
`CBM2016-00054
`U.S. Patent No. 7,693,768
`
`
`
`
`
`
`
`
`
`
`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
`
`
`
`CBM2016-00054
`Patent 7,693,768
`
`
`INTRODUCTION
`
`56
`63
`
`Motions to Seal
`Pursuant to 37 C.F.R. § 42.14, Patent Owner and Petitioner filed
`motions to seal certain confidential versions of exhibits as indicated in the
`table below. Papers 23, 56, 631.
`Paper No.
`Paper and Exhibits Requested to be Sealed
`23
`Paper 20, 2143, 2144, 2154, 2169, 2172, 2224, 2225, 2232,
`2247, 2270, 2286, 2294, 2295, 2501, 2502, 2503, 2504,
`2506, 2507, 2508, 2509, 2510, 2511, 2512, 2513, 2514,
`2515, 2516, 2517, 2518, 2520, 2521, 2522, 2524, 2525,
`2526, 2527, 2529, and 2530
`2359
`1063 and 1064
`The motions are not opposed. 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).
`
`
`1 Petitioner filed a motion to seal Exhibits 1063 and 1064 as Paper 39. On
`November 7, 2017, via email, the Board informed the parties that the motion
`to seal would be denied and authorized the filing of revised joint motion to
`seal. See Ex. 3002. The parties filed the revised joint motion as Paper 63.
`
`2
`
`
`
`CBM2016-00054
`Patent 7,693,768
`
`
`The parties assert that there is good cause to seal the 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 23, 6–7; Paper 56, 3–4; Paper 63, 1–2. We
`agree. The information the parties seek 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. See e.g., Paper 23, 3.
`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 23, 8.
`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.
`
`
`Motion to Preserve Record Pending Appeal
`Patent Owner filed an unopposed motion requesting that the records in
`
`these proceedings be preserved pending outcome of appeal. Paper 62. A
`notice of appeal has not yet been filed in CBM2016-00054. Petitioners do
`not oppose the request. Paper 62, 1. Sealed information ordinarily becomes
`
`3
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`CBM2016-00054
`Patent 7,693,768
`
`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 62, 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
`seal in these proceedings be expunged from the record within ten days of the
`disposition of all appeals. Id. at 2–4. 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 (Paper 23, 56) and
`the join motion to seal (Paper 63) 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
`
`4
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`CBM2016-00054
`Patent 7,693,768
`
`
`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.
`
`
`
`
`
`5
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`
`CBM2016-00054
`Patent 7,693,768
`
`PETITIONER:
`Robert E. Sokohl
`Lori A. Gordon
`Richard M. Bemben
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`rsokohl-ptab@skgf.com
`lgordon-PTAB@skgf.com
`rbemben-PTAB@skgf.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
`steve.borsand@tradingtechnologies.com
`
`
`6
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