TD Ameritrade Holding Corporationv.Trading Technologies International, Inc.

Patent Trials and Appeals Board

Jul 7, 2015

11585907 - (D) (P.T.A.B. Jul. 7, 2015)

Trials@uspto.gov Paper No. 57
571.272.7822 Entered: July 7, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

TD AMERITRADE HOLDING CORP., TD AMERITRADE, INC., AND
TD AMERITRADE ONLINE HOLDINGS CORP.,
Petitioner,

v.

TRADING TECHNOLOGIES INTERNATIONAL, INC.,
Patent Owner.
____________

CBM2014-00131 (Patent 7,533,056)
CBM2014-00133 (Patent 7,676,411)
CBM2014-00135 (Patent 6,772,132)
CBM2014-00137 (Patent 7,685,055)
____________

Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and
PHILIP J. HOFFMANN, Administrative Patent Judges.

MEDLEY, Administrative Patent Judge.

JUDGMENT
Termination of the Proceeding
37 C.F.R. § 42.73

On June 30, 2015, the parties informed the Board that the parties had
settled the proceedings and that the parties sought authorization to file a joint
motion to terminate the proceedings. On July 5, 2015, and pursuant to 35

2
U.S.C. § 327(b) and 37 C.F.R. § 42.74, the parties filed a joint motion to
terminate each proceeding. CBM2014-00131, Paper 60.
1
The parties also
filed a joint request in each proceeding 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). CBM2014-00131, Paper 62. Lastly, the parties filed a
joint request to withdraw previously filed oral hearing requests. CBM2014-
00131, Paper 61. In each of the joint motions, the parties represent that each
of the settlement agreements filed is a true copy and resolves all disputes
between the parties. CBM2014-00131, Paper 60, 1.
These covered business method patent reviews were instituted on
December 2, 2014. At this juncture of the proceedings, the Board does not
have before it full briefing on the trial issues; the cases have not been heard;
and the Board has not entered a final decision. Based on the facts of these
cases, it is appropriate to enter judgment.
2
Therefore, the joint motions to
terminate the proceedings are granted.
Accordingly, it is
ORDERED that the parties’ joint requests that the settlement
agreements be treated as business confidential information, to be kept
separate from the patent file are granted; and
FURTHER ORDERED that the joint motions to terminate the
proceedings are granted;
FURTHER ORDERED that the joint motions to withdraw oral
hearing requests are granted;
FURTHER ORDERED that the hearing scheduled for July 9, 2015 is

1
Citations are to CBM2014-00131.
2
A judgment means a final written decision by the Board, or a termination
of a proceeding. 37 C.F.R. § 42.2.

3
vacated; and
FURTHER ORDERED that the proceedings are terminated.

4

PETITIONER:
Lori Gordon
Robert E. Sokohl
Sterne, Kessler, Goldstein & Fox
lgordon-ptab@skgf.com
rsokohl-ptab@skgf.com

PATENT OWNER:
Erika H. Arner
Steven F Borsand
Joshua L. Goldberg
erika.arner@finnegan.com
Steve.Borsand@tradingtechnologies.com
joshua.goldberg@finnegan.com