Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 32
`Entered: July 19, 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.
`
`
`
`CBM2016-00086 (Patent No. 7,818,247 B2)
`CBM2016-00087 (Patent No. 7,412,416 B2)
`CBM2016-00090 (Patent No. 7,725,382 B2)
`
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK and JEREMY
`M. PLENZLER, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`
`Petitioner and Patent Owner request oral hearing in the above
`identified proceedings pursuant to 37 C.F.R. § 42.70. Papers 21, 22.1 The
`requests are granted.
`
`
`1 Citations are to CBM2016-00086.
`
`
`
`
`571-272-7822
`
`
`
`
`Paper 32
`Entered: July 19, 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.
`
`
`
`CBM2016-00086 (Patent No. 7,818,247 B2)
`CBM2016-00087 (Patent No. 7,412,416 B2)
`CBM2016-00090 (Patent No. 7,725,382 B2)
`
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK and JEREMY
`M. PLENZLER, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`
`Petitioner and Patent Owner request oral hearing in the above
`identified proceedings pursuant to 37 C.F.R. § 42.70. Papers 21, 22.1 The
`requests are granted.
`
`
`1 Citations are to CBM2016-00086.
`
`
`
`
`
`CBM2016-00086 (Patent 7,818,247 B2)
`CBM2016-00087 (Patent 7,412,416 B2)
`CBM2016-00090 (Patent 7,725,383 B2)
`
`
`The hearing will commence at 1:00 p.m. Eastern Time on August
`
`10, 2017, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia.
`The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing.
`The panel is familiar with the issues presented in the proceedings, as
`those issues substantively overlap issues previously presented during oral
`argument in related cases. As such, each party will have 45 minutes total
`time to present arguments for the above identified proceedings. Petitioner
`bears the ultimate burden of proof that the challenged claims are
`unpatentable. Petitioner will present its arguments regarding the challenged
`claims for which we instituted trial in the above identified proceedings.
`Thereafter, Patent Owner will argue its opposition to Petitioners’ arguments.
`In addition, Patent Owner may present argument concerning its Motions to
`Exclude Evidence in CBM2016-00087 and CBM2016-00090. Petitioners
`may reserve time to rebut Patent Owner’s arguments regarding the
`challenged claims and to oppose any arguments concerning the Motions to
`Exclude Evidence. Finally, Patent Owner may reserve time to rebut
`Petitioner’s opposition to any arguments concerning the Motions to Exclude
`Evidence.
`
`Prohibition of New Arguments or Evidence
`
`The parties are not permitted to raise new arguments or evidence at
`oral hearing. Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756,
`48,768 (Aug. 14, 2012). Any new arguments or evidence will not be
`considered.
`
`2
`
`
`
`CBM2016-00086 (Patent 7,818,247 B2)
`CBM2016-00087 (Patent 7,412,416 B2)
`CBM2016-00090 (Patent 7,725,383 B2)
`
`
`
`
`
`Demonstratives
`Demonstrative exhibits are intended to be visual aids to assist a party
`
`in making its oral presentation. CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, Case No. IPR2013-00033, slip op. at 3, (PTAB Oct. 23,
`2013)(Paper 118). Demonstrative exhibits are not evidence and as such, the
`exhibits cannot add new evidence to the record of the proceeding. St. Jude
`Medical, Cardiology Division, Inc. v. The Board of Regents of the University
`of Michigan, Case No. IPR2013-00041, slip op. at 2 (PTAB Jan. 27, 2014)
`(Paper 65). Demonstrative exhibits are not an opportunity for additional
`briefing. Id. at 3. Arguments that have not been made previously cannot be
`made at the trial hearing, and thus, cannot be in a demonstrative exhibit. Id.
`Similarly, the exhibits cannot rely on evidence that, although it is in the
`record, was never specifically discussed in any substantive paper before the
`Board. Id.
`Demonstrative exhibits are limited to reproduction of portions of
`
`papers of record or portions of the evidence specifically discussed in the
`substantive papers of record. Demonstrative exhibits must include a
`citation to where the reproduced portion of the paper is in the record
`and to where the evidence is discussed in a substantive paper in the
`record.
`
`Objections to Demonstratives
`Under 37 C.F.R. § 42.70(b), the parties shall serve any demonstrative
`exhibits upon each other at least seven business days prior to the hearing.
`
`3
`
`
`
`CBM2016-00086 (Patent 7,818,247 B2)
`CBM2016-00087 (Patent 7,412,416 B2)
`CBM2016-00090 (Patent 7,725,383 B2)
`
`
`Additionally, the parties shall file the demonstrative exhibits at least two
`business days prior to the hearing.
`We expect that the parties will meet and confer in good faith to
`resolve all objections to demonstrative exhibits, but if such objections cannot
`be resolved, the parties may file objections to demonstratives with the Board
`no later than two business days before the hearing. The objections should
`identify with particularity which portions of the demonstrative exhibits are
`subject to objection, include a copy of the objected-to portions, and include a
`one-sentence statement of the reason for each objection. No argument or
`further explanation is permitted. We will consider any objections and
`schedule a conference call if deemed necessary. Otherwise, we will reserve
`ruling on the objections. Any objection to demonstrative exhibits that is not
`timely filed will be considered waived.
`Counsel
`Lead counsel for each party is expected to be present in person at the
`
`oral hearing.2 Any counsel of record, however, may present the party’s
`arguments. If either party expects that its lead counsel will not be attending
`the oral argument, the parties should initiate a joint telephone conference
`with the panel no later than two business days prior to the oral hearing to
`discuss the matter.
`
`Each party will designate one or two counsel to present argument.
`Only designated counsel may make objections or otherwise address the
`
`
`2 Lead counsel for Petitioner in CBM2016-00086 was granted authorization
`to participate remotely.
`
`4
`
`
`
`CBM2016-00086 (Patent 7,818,247 B2)
`CBM2016-00087 (Patent 7,412,416 B2)
`CBM2016-00090 (Patent 7,725,383 B2)
`
`
`panel during the oral hearing. The designated counsel may seek permission
`from the panel for other counsel of record to address the panel, if necessary.
`Special Requests
`Any special requests for audio visual equipment or reserved seating
`
`should be directed to Trials@uspto.gov. Request for special equipment or
`reserved seating will not be honored unless presented in a separate
`communication directed to the above email address not less than five days
`before the hearing.
`
`Public Attendance
`The hearing will be open to the public for in-person attendance that
`
`will be accommodated on a first-come, first served basis. The records of
`these proceedings include confidential information subject to a protective
`order. The parties should avoid disclosing confidential information in its
`demonstratives or oral arguments. If the parties have any concern about
`disclosing confidential information, they should to contact the Board at least
`two days in advance of the hearing to discuss the matter.
`
`It is so ORDERED.
`
`
`
`
`
`
`
`
`5
`
`
`
`CBM2016-00086 (Patent 7,818,247 B2)
`CBM2016-00087 (Patent 7,412,416 B2)
`CBM2016-00090 (Patent 7,725,383 B2)
`
`
`
`
`PETITIONER:
`
`Robert Sokohl
`Rsokohl-ptab@skgf.com
`
`Lori Gordon
`Lgordon-ptab@skgf.com
`
`Richard Bemben
`Rbemben-ptab@skgf.com
`
`Donald Banowit
`dbanowit-PTAB@skgf.com
`
`
`John Phillips
`PTABINBOUND@FR.COM
`
`PATENT OWNER:
`
`Leif Sigmond, Jr.
`sigmond@mbhb.com
`
`Cole Richter
`richter@mbhb.com
`
`Michael D. Gannon
`gannon@mbhb.com
`
`Jennifer Kurcz
`kurcz@mbhb.com
`
`
`
`
`
`
`
`
`6
`
`
`
`CBM2016-00086 (Patent 7,818,247 B2)
`CBM2016-00087 (Patent 7,412,416 B2)
`CBM2016-00090 (Patent 7,725,383 B2)
`
`Steven F. Borsand
`tt-patent-cbm@tradingtechnologies.com
`
`Jay Q. Knobloch
`tt-patent-cbm@tradingtechnologies.com
`
`
`
`
`
`
`
`7
`
`
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