Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 59
`Entered: January 8, 2018
`
`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.
`
`CBM2016-00090
`U.S. Patent No. 7,725,382 B2
`
`
`
`
`
`
`
`
`
`
`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
`
`
`571-272-7822
`
`
`
`
`Paper 59
`Entered: January 8, 2018
`
`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.
`
`CBM2016-00090
`U.S. Patent No. 7,725,382 B2
`
`
`
`
`
`
`
`
`
`
`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
`
`
`
`CBM2016-00090
`Patent 7,725,382
`
`
`INTRODUCTION
`
`Motions to Seal
`
`Pursuant to 37 C.F.R. § 42.14, Patent Owner and Petitioner filed
`
`motions to seal certain exhibits as indicated in the table below. Papers 22,
`
`40, 571.
`
`Paper No.
`22
`
`57
`
`Paper and Exhibits Requested to be Sealed
`Paper 20, 2143, 2144, 2154, 2169, 2172, 2224, 2225, 2232,
`2247, 2270, 2286, 2294, 2295, 2403, 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
`1064, 1067, and 1074
`
`The motions are not opposed.
`
`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 1064, 1067, and 1074 as
`Paper 40. On December 6, 2017, via email, the Board informed would be
`denied and authorized the filing of revised joint motion to seal these
`exhibits. See Ex. 3002. The parties filed the revised joint motion as
`Paper 57.
`
`2
`
`
`
`CBM2016-00090
`Patent 7,725,382
`
`
`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 22, 7–9; Paper 57, 2. We agree. The
`
`information the parties seeks 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 22, 8.
`
`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 located at Office
`
`Trial Practice Guide, 77 Fed. Reg. 48756, 48771 (Aug. 14, 2012)
`
`(Appendix B). Paper 22, 8.
`
`Based on Patent Owner’s unopposed representations and the
`
`reasonably limited scope of the protection sought, we determined 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 58. A
`
`notice of appeal has not yet been filed in CBM2016-00090. Petitioners do
`
`not oppose the request. Paper 58, 1. Sealed information ordinarily becomes
`
`3
`
`
`
`CBM2016-00090
`Patent 7,725,382
`
`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 record be preserved as is, i.e.,
`
`without removal or disclosure to the public of the information filed under
`
`seal, pending appeal. Paper 58, 1. Under the present circumstances, it is
`
`reasonable to maintain the records undisturbed pending outcome of any
`
`appeal that is taken. Patent Owner request 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 3–4. 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 motion to seal (Paper 22) and the join
`
`motion to seal (Paper 57) are granted;
`
`
`
`FURTHER ORDERED that 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
`
`
`
`CBM2016-00090
`Patent 7,725,382
`
`
`FURTHER ORDERED that the record 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.
`
`
`
`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
`
`Adam Kessel
`kessel@fr.com
`
`
`PATENT OWNER:
`
`Leif Sigmond
`lsigmond@bakerlaw.com
`
`Michael Gannon
`mgannon@bakerlaw.com
`
`
`5
`
`
`
`CBM2016-00090
`Patent 7,725,382
`
`Jennifer Kurcz
`jkurcz@bakerlaw.com
`
`Jay Knobloch
`Jay.knobloch@tradingtechnologies.com
`
`Steven Borsand
`Steve.borsand@tradingtechnologies.com
`
`
`
`6
`
`
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