11417547 (P.T.A.B. Mar. 2, 2016)

IBG LLCv.Trading Technologies International, Inc.

Patent Trial and Appeal BoardMar 2, 2016

11417547 (P.T.A.B. Mar. 2, 2016)

Trials@uspto.gov Paper No. 16 571.272.7822 Entered: March 2, 2016 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ IBG LLC, INTERACTIVE BROKERS LLC, CQG, INC., and CQGT, LLC, Petitioner, v. TRADING TECHNOLOGIES INTERNATIONAL, INC., Patent Owner. ____________ CBM2016-00009 Patent 7,685,055 B2 _______________ Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and JEREMY M. PLENZLER, Administrative Patent Judges. PETRAVICK, 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 motion to terminate the proceeding with respect to CQG. On March 1, CBM2016-00009 Patent No. 7,685,005 B2 2 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 14. 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 15. 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 14, 2. This proceeding is in its early stages, and a decision on institution has not issued. Thus, the merits have not yet been decided. 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 or Interactive Brokers LLC. 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 and Interactive Brokers LLC as Petitioner. PETITIONER: Robert Sokohl Sterne, Kessler, Goldstein & Fox Rsokohl-ptab@skgf.com Lori Gordon Sterne, Kessler, Goldstein & Fox Lgordon-ptab@skgf.com CBM2016-00009 Patent No. 7,685,005 B2 3 Richard Bemben Sterne, Kessler, Goldstein & Fox Rbemben-ptab@sdgf.com PATENT OWNER: Erika Arner Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Erika.arner@finnegan.com Joshua Goldberg Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Joshua.goldberg@finnegan.com Kevin Rodkey Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Kevin.rodkey@finnegan.com Rachel Emsley Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Rachel.emsley@finnegan.com Steven Borsand Trading Technologies International, Inc. tt-patent-cbm@tradingtechnologies.com

IBG LLC v. Trading Technologies International, Inc.