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`Paper No.
`Filed: March 9, 2020
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`IBG LLC, INTERACTIVE BROKERS LLC, TRADESTATION GROUP, INC.,
`and TRADESTATION SECURITIES, INC.,
`Petitioners,
`v.
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`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`
`
`
`
`
`Case CBM2016-00090
`Patent No. 7,725,382
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`
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`PATENT OWNER’S MOTION TO EXPUNGE
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`
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`Case CBM2016-00090
`U.S. Patent No. 7,725,382
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`I.
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`Statement of Relief Requested
`Pursuant to this Board’s authorization on February 25, 2020, Trading
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`Technologies International, Inc. (“TT” or “Patent Owner”), respectfully requests
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`that all confidential information be expunged from the record pursuant to
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`Rule 42.56 and not be made public. Patent Owner has conferred with Petitioner on
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`this request and Petitioner does not oppose.
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`II. Reasons Why Requested Relief Should be Granted
`A. The Board Found Good Cause to Seal the Confidential Information
`In connection with its Patent Owner’s Response, TT filed a Motion to Seal.
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`(Paper 22). This motion covered the confidential version of the Patent Owner’s
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`Response (Paper 20), confidential versions of Exhibits 2172 (Declaration of
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`J. Knobloch), 2169 (Declaration of C. Thomas), and 2403 (Deposition Transcript
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`of John Bartleman) and thirty-eight exhibits to the Declaration of C. Thomas
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`(Exhibits 2143, 2144, 2154, 2224, 2225, 2232, 2247, 2270, 2286, 2294, 2295,
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`2404, 2406, 2501, 2502, 2503, 2504, 2506, 2507, 2508, 2509, 2510, 2511, 2512,
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`2514, 2515, 2516, 2517, 2518, 2520, 2521, 2522, 2524, 2525, 2526, 2527, 2529,
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`and 2530). TT also filed a confidential version of its demonstratives (Exhibit
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`2543), which cited to such confidential materials. TT identified that the sealed
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`papers contain sensitive business information that would not otherwise be
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`published or made available to the public. (Paper 22, at 1). Additionally, TT made
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`Case CBM2016-00090
`U.S. Patent No. 7,725,382
`all of the non-confidential information publicly available in non-confidential
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`versions. (Id.; see also Exhibit 2543 (non- confidential version of Patent Owner’s
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`Demonstratives)).
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`In connection with their Reply, Petitioners also filed a Motion to Seal (Paper
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`40). This motion covered three exhibits (1064, 1067, and 1074)—the deposition
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`transcripts of Christopher H. Thomas—which were marked confidential by TT
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`pursuant to the Protective Order. (Paper 40, at 1). Petitioners represented that, to
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`the best of their knowledge, the documents had not been made publicly available.
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`(Id.). On December 6, 2017, the Board denied Petitioners’ motion to seal, but
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`authorized the parties to jointly file a revised motion to seal along with redacted
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`exhibits. On December 28, 2017, the parties filed a joint motion to seal along with
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`redacted Exhibits 1064, 1067, and 1074 (Paper 57).
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`On January 8, 2018, the Board granted the motions to seal (Paper 59, at 2-3),
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`finding that “good cause exists.” It also found, however, that Patent Owner’s
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`request “that the information filed under seal in these proceedings be expunged
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`from the record within ten days of the disposition of all appeals” was “premature.”
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`(Paper 59, at 4). The Board instructed Patent Owner to request authorization to file
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`a renewed motion to expunge at the conclusion of appeal. (Id.). Because the
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`appeals in this case have now been concluded, with the Supreme Court denying
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`Patent Owner’s petition for a writ of certiorari, this motion to expunge is now ripe
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`Case CBM2016-00090
`U.S. Patent No. 7,725,382
`for decision. Because the Board already found good cause to seal these materials,
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`the motion to expunge should be granted.
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`B. The Sealed Documents Contain Confidential and Sensitive Business
`Information that was not Relied on by the Board in the Final Written
`Decision
`For the same reasons set forth in the parties’ motions to seal, namely that the
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`sealed information “contain[s] information identified . . . as sensitive, non-public
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`information, that a business would not make public,” (Paper 22, at 1; see also
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`Paper 40, at 1), all the information filed under seal in this matter should be
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`expunged from the record. Expunging the sealed information will avoid the
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`prejudice to the parties that would be caused by public disclosure of their sealed
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`information.
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`In particular, the confidential materials covered by Patent Owner’s motion to
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`seal (Paper 22) include TT’s internal financial information relating to the amount
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`of money derived from royalty and settlement payments, third-party business
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`strategy information and third-party admissions/statements, and discussions of
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`Petitioners’ own confidential information obtained in a related district court
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`proceeding. (Paper 22, at 4-7). The materials covered by Petitioner’s motion to
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`seal (Paper 40) and the parties’ joint motion to seal filed on December 28, 2017,
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`include the deposition transcripts of Christopher H. Thomas, which were marked
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`confidential by TT pursuant to the Protective Order. (Paper 40, at 1). None of the
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`Case CBM2016-00090
`U.S. Patent No. 7,725,382
`materials filed under seal were relied on in the Final Written Decision. (Paper 59,
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`at 3).
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`III. Conclusion
`Patent Owner respectfully requests that because all appeals have been
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`exhausted in this matter, the sealed materials be expunged from the CBM docket.
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`
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`Dated: March 9, 2020
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`
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`Respectfully submitted,
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`By: /Jennifer M. Kurcz/
`Jennifer M. Kurcz
`Back-Up Counsel, Reg. No. 54,481
`BAKER & HOSTETLER LLP
`One North Wacker Drive
`Suite 4500
`Chicago, IL 60606
`312-416-6200
`jkurcz@bakerlaw.com
`Counsel for Patent Owner
`Trading Technologies International, Inc.
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`Case CBM2016-00090
`U.S. Patent No. 7,725,382
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that on March 9, 2020, a copy of the
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`foregoing PATENT OWNER’S MOTION TO EXPUNGE was served via e-
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`mail on the following:
`
`Robert E. Sokohl
`Lori A. Gordon
`Richard M. Bemben
`Donald Banowit
`STERNE KESSLER GOLDSTEIN & FOX PLLC
`1100 New York Avenue, NW
`Washington, DC 20005
`202-371-2600
`Rsokohl-PTAB@skgf.com
`Lgordon-PTAB@skgf.com
`Rbemben-PTAB@skgf.com
`Dbanowit-PTAB@skgf.com
`PTAB@skgf.com
`John C. Phillips
`FISH & RICHARDSON, PC
`12390 El Camino Real
`San Diego, CA 92130
`PTABINBOUND@fr.com
`By: /Jennifer M. Kurcz/
`Jennifer M. Kurcz
`Back-Up Counsel, Reg. No. 54,481
`BAKER & HOSTETLER LLP
`One North Wacker Drive
`Suite 4500
`Chicago, IL 60606
`312-416-6200
`jkurcz@bakerlaw.com
`Counsel for Patent Owner
`Trading Technologies International, Inc.
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