11417544 (P.T.A.B. Mar. 2, 2016)

IBG LLCv.Trading Technologies International, Inc.

Patent Trial and Appeal BoardMar 2, 2016

11417544 (P.T.A.B. Mar. 2, 2016)

Trials@uspto.gov Paper No. 27 571.272.7822 Entered: March 2, 2016 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., IBFX, INC., CQG, INC., and CQGT, LLC, Petitioner, v. TRADING TECHNOLOGIES INTERNATIONAL, INC., Patent Owner. ____________ CBM2015-00179 Patent 7,533,056 B2 _______________ Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and JEREMY M. PLENZLER, Administrative Patent Judges. MEDLEY, Administrative Patent Judge. DECISION Joint Motion to Terminate 37 C.F.R. § 42.73 On February 26, 2016, the parties informed the Board that the parties had settled the proceeding with respect to CQG, Inc. and CQGT, LLC (collectively, “CQG”) and that the parties sought authorization to file a joint CBM2015-00179 Patent 7,533,056 B2 2 motion to terminate the proceeding with respect to CQG. On March 1, 2016, and pursuant to 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74, the parties filed a joint motion to terminate the proceeding with respect to CQG. Paper 25. The parties also filed a joint request to have their settlement agreement treated as confidential business information under 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(c). Paper 26. In the joint motion, the parties represent that the settlement agreement filed is a true copy and resolves all disputes between CQG and Patent Owner. Paper 25, 2. This covered business method patent review was instituted on February 24, 2016. At this juncture of the proceeding, the Board does not have before it full briefing on the trial issues; the case has not been heard; and the Board has not entered a final decision. Based on the facts of this proceeding, we determine that it is appropriate to terminate this proceeding with respect to CQG. The proceeding is not terminated with respect to IBG LLC, Interactive Brokers LLC, TradeStation Group, Inc., TradeStation Securities, Inc., TradeStation Technologies, Inc., or IBFX, Inc. Accordingly, it is ORDERED that the parties’ joint request that the settlement agreement be treated as business confidential information, to be kept separate from the patent file is granted; FURTHER ORDERED that the joint motion to terminate the proceeding with respect to CQG is granted; and FURTHER ORDERED that the proceeding will continue with IBG LLC, Interactive Brokers LLC, TradeStation Group, Inc., TradeStation Securities, Inc., TradeStation Technologies, Inc., or IBFX, Inc. as Petitioner. CBM2015-00179 Patent 7,533,056 B2 3 PETITIONER: Robert Sokohl Lori Gordon Jonathan Strang Richard Bemben STERNE, KESSLER, GOLDSTEIN & FOX Rsokohl-ptab@skgf.com Lgordon-ptab@skgf.com Jstrang-ptab@skgf.com Rbemben-ptab@sdgf.com PATENT OWNER: Erika Arner Joshua Goldberg Kevin Rodkey Rachel Emsley FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP Erika.arner@finnegan.com Joshua.goldberg@finnegan.com Kevin.rodkey@finnegan.com Rachel.emsley@finnegan.com Steven Borsand TRADING TECHNOLOGIES INTERNATIONAL, INC. tt-patent-cbm@tradingtechnologies.com

IBG LLC v. Trading Technologies International, Inc.