`
`Trials@uspto.gov
`Entered: July 8, 2020
`
`571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`IBG LLC, INTERACTIVE BROKERS, LLC,
`TRADESTATION GROUP, INC.,
`TRADESTATION SECURITIES, INC., TRADESTATION
`TECHNOLOGIES, INC., and IBFX, INC.,
`Petitioner,
`v.
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`
`CBM2015-00179 (Patent 7,533,056)
`CBM2016-00054 (Patent 7,693,768)
`CBM2016-00090 (Patent 7,725,382)
`
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY and MEREDITH C. PETRAVICK,
`Administrative Patent Judges.
`PETRAVICK, Administrative Patent Judge.
`
`
`
`
`
`DECISION
`Denying Motions to Expunge
`37 C.F.R. § 42.22, 42.56
`
`On March 9, 2020, in each of these proceedings, Patent Owner filed
`motions seeking to expunge confidential information pursuant to 37 C.F.R. §
`42.56. CBM2015-00179, Paper 152; CBM2016-00054, Paper 66;
`
`
`
`CBM2015-00179 (Patent 7,533,056)
`CBM2016-00054 (Patent 7,693,768)
`CBM2016-00090 (Patent 7,725,382)
`
`CBM2016-00090, Paper 61. The Motions, however, do not set forth with
`sufficient clarity the numbers of the papers and exhibits Patent Owner seeks
`to expunge. For example, although the motion in CBM2015-00179
`discusses that certain documents and exhibits were covered by motions to
`seal and the discussion includes as cite to “Papers 69, 101, 106 and Exhibits
`2143–51, 2154, and 2156-58,” the motion does not explicitly state that the
`cited papers and exhibits are those that should be expunged. Instead, the
`motion generally requests “that all confidential information be expunged
`from the record” and “all sealed materials be expunged from the CBM
`docket.” Paper 152. It is unclear from the motion whether the cited papers
`and exhibits are all confidential information in the record that should be
`expunged. We note, for example, that Paper 101 of CBM2015-00179 has
`already been expunged from the record.
`On June 10, 2020, we sent an email requesting that, by no later than
`
`June 26, 2020, Patent Owner supplement its motions by filing an explicit list
`of all papers and exhibits Patent Owner seeks to expunge from the records.
`Patent Owner has not filed any supplements to its motions.
`
`We deny Patent Owner’s motions to expunge because they do not
`sufficiently state the precise relief requested by Patent Owner. See 37
`C.F.R. § 42.44(a)(1). Patent Owner, however, may file revised motions to
`expunge in each proceeding no later than July 22, 2020. The revised
`motions to expunge must include a list, by number, of all papers and exhibits
`that Patent Owner seeks to expunge from the record. In each proceeding, we
`will maintain all papers and exhibits containing confidential information
`under seal until at least July 23, 2020. In each proceeding, if Patent Owner
`
`2
`
`
`
`CBM2015-00179 (Patent 7,533,056)
`CBM2016-00054 (Patent 7,693,768)
`CBM2016-00090 (Patent 7,725,382)
`
`fails to file a revised motion to expunge, the confidential information filed
`under seal shall be made public in due course. See Rules of Practice for
`Trials, 77 Fed. Reg. 48,612, 48,623 (Aug. 14, 2012) (“Confidential
`information that is subject to a protective order ordinarily will become
`public . . . 45 days after final judgment in a trial.”).
`
`It is:
`
`ORDERED that Patent Owner’s motions to expunge in each
`proceeding are denied;
`
`FURTHER ORDERED that Patent Owner may file a revised motion
`to expunge in each proceeding no later than July 22, 2020; and
`FURTHER ORDERED that, in each proceeding, if the Patent Owner
`fails to file a revised motion to expunge, the confidential information filed
`under seal shall be made public in due course.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`CBM2015-00179 (Patent 7,533,056)
`CBM2016-00054 (Patent 7,693,768)
`CBM2016-00090 (Patent 7,725,382)
`
`For PETITIONER:
`Robert Sokohl
`Lori Gordon
`Richard Bemben
`STERNE KESSLER GOLDSTEIN & FOX
`Rsokohl-ptab@sternekessler.com
`Lgordon-ptab@sternekessler.com
`Rbemben-ptab@sternekessler.com
`
`John Phillips
`FISH & RICHARDSON PC
`Cbm41919-0007CP1@fr.com
`
`For PATENT OWNER:
`Leif Sigmond
`Cole Richter
`Michael Gannon
`Jennifer Kurcz
`MCDONNELL BOEHNEN HULBERT & BERGHOFF LLP
`sigmond@mbhb.com
`richter@mbhb.com
`gannon@mbhb.com
`jkurcz@mbhb.com
`
`Steve Borsand
`Jay Knobloch
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`Steve.borsand@tradingtechnologies.com
`jay.knobloch@tradingtechnologies.com
`
`
`
`
`
`4
`
`
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