Trading Technologies International, Inc. v. BGC Partners, Inc.
Plaintiff: Trading Technologies International, Inc.
Defendant: Futurepath Trading, LLC, Rosenthal Collins Group, LLC, Cantor Fitzgerald, L.P., Stellar Trading Systems, Ltd., IBG, LLC, GL Trade Americas, Inc., Stellar Trading Systems, Inc., TradeStation Securities, Inc., Sungard Investment Ventures LLC, TD Ameritrade, Inc., Sungard Data Systems, Inc., IBG LLC, eSpeed Markets, L.P., TradeHelm, Inc., TD Ameritrade Holding Corp., Interactive Brokers Group, LLC, Eccoware, Ltd., BGC Capital Markets, L.P., TradeStation Group, Inc. and BCG Partners, Inc.
Petitioner: Interactive Brokers Group, Inc. and IBG Holdings LLC
Counter Claimant: optionsXpress Holdings, Inc., CQGT, LLC, Open E Cry, LLC, Interactive Brokers LLC, CQG, Inc. and TD Ameritrade Online Holding Corporation
Case Number: 1:2010cv00715
Filed: February 3, 2010
Court: US District Court for the Northern District of Illinois
Office: Chicago Office
County: Cook
Presiding Judge: Virginia M Kendall
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 31, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 14, 2021 Opinion or Order Filing 2150 MINUTE entry (Corrected) before the Honorable Virginia M. Kendall. Minute Entry #2149 is corrected as follows: IB's Opposition to TT's New Trial Motion #2138 due by November 9, 2021. IB's Opposition to TT's Motion to Amend #2137 due by November 9, 2021. Replies due by November 16, 2021. IB's Opposition to TT's Motion for Costs #2142 due by October 22, 2021. Reply due by October 29, 2021. Mailed notice (lk, )
October 14, 2021 Opinion or Order Filing 2149 MINUTE entry before the Honorable Virginia M. Kendall. Defendants' Motion to set and amend briefing schedule regarding post trial Motions #2148 is granted. IB's Opposition to TT's New Trial Motion #2138 due by November 16, 2021. IB's Opposition to TT's Motion to Amend #2137 due by November 16, 2021. Replies due by November 23, 2021. IB's Opposition to TT's Motion for Costs #2142 due by October 29, 2021. Reply due by November 5, 2021. Plaintiff's Motion to Seal #2147 is granted. Mailed notice (lk, )
October 8, 2021 Opinion or Order Filing 2148 MOTION by Defendants IBG LLC, Interactive Brokers LLC to set a briefing schedule MOTION TO SET AND AMEND BRIEFING SCHEDULE REGARDING TT'S POST-TRIAL MOTIONS (Attachments: #1 Declaration of Naoya Son, #2 Exhibit 1, #3 Exhibit 2)(Mandell, Steven)
October 8, 2021 Opinion or Order Filing 2147 MOTION by Plaintiff Trading Technologies International, Inc. to seal Dkt. 2146 (Kurcz, Jennifer)
October 8, 2021 Opinion or Order Filing 2146 SEALED DOCUMENT by Plaintiff Trading Technologies International, Inc. Corrected Filing of Exhibits 1-24 to Dkt. 2138 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24)(Kurcz, Jennifer)
October 8, 2021 Opinion or Order Filing 2145 MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Defendants' Motion to amend/correct Judgment #2136 , Plaintiff's Motion to amend/correct Judgment #2137 , and Plaintiff's Motion for Bill of Costs #2142 . Responses due by 10/22/2021; Replies due by 10/29/2021. Motions #2139 and #2140 are stricken, as they are not Motions, but exhibits in support. Mailed notice (lk, )
October 8, 2021 Opinion or Order Filing 2144 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motions to seal #2141 and #2143 are granted. Mailed notice (lk, )
October 7, 2021 Opinion or Order Filing 2143 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC'S SUBMISSION OF BILL OF COSTS AND SUPPORTING MEMORANDUM (Kurcz, Jennifer)
October 7, 2021 Opinion or Order Filing 2142 MOTION by Plaintiff Trading Technologies International, Inc. for bill of costs , SEALED MOTION by Plaintiff Trading Technologies International, Inc. SUBMISSION OF BILL OF COSTS AND SUPPORTING MEMORANDUM (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Kurcz, Jennifer)
October 6, 2021 Opinion or Order Filing 2141 MOTION by Plaintiff Trading Technologies International, Inc. to seal TT'S COMBINED MOTION UNDER RULES 50, 59, AND 60 FOR 1) A NEW DAMAGES AND WILLFULNESS TRIAL, ALONG WITH POST-TRIAL DAMAGES DISCOVERY; AND 2) SANCTIONS FOR LITIGATION MISCONDUCT (Dkt. No. 2138), Exhibits 1-23 (Dkt. No. 2140) and 24 (Dkt. No. 2139) (Kurcz, Jennifer)
October 6, 2021 Opinion or Order Filing 2140 SEALED MOTION by Plaintiff Trading Technologies International, Inc. Exhibits 1-23 to Dkt. 2138 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Kurcz, Jennifer)
October 6, 2021 Opinion or Order Filing 2139 SEALED MOTION by Plaintiff Trading Technologies International, Inc. Exhibit 24 to Dkt. 2138 (Kurcz, Jennifer)
October 5, 2021 Opinion or Order Filing 2138 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TT'S COMBINED MOTION UNDER RULES 50, 59, AND 60 FOR 1) A NEW DAMAGES AND WILLFULNESS TRIAL, ALONG WITH POST-TRIAL DAMAGES DISCOVERY; AND 2) SANCTIONS FOR LITIGATION MISCONDUCT (Attachments: #1 Exhibit List)(Kurcz, Jennifer)
October 5, 2021 Opinion or Order Filing 2137 MOTION by Plaintiff Trading Technologies International, Inc. to amend/correct THE JUDGMENT TO INCLUDE PRE-JUDGMENT AND POST-JUDGMENT INTEREST (Attachments: #1 Text of Proposed Order)(Kurcz, Jennifer)
October 5, 2021 Opinion or Order Filing 2136 MOTION by Defendants IBG LLC, Interactive Brokers LLC to amend/correct MOTION TO CORRECT JUDGMENT PURSUANT TO RULE 60(a), OR IN THE ALTERNATIVE, TO AMEND JUDGMENT PURSUANT TO RULE 59(e) (Attachments: #1 Declaration of Naoya Son, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27)(Mandell, Steven)
September 9, 2021 Opinion or Order Filing 2135 MAILED patent report to Patent Trademark Office, Alexandria VA. (rc, )
September 7, 2021 Opinion or Order Filing 2134 JURY Verdict entered in favor of Trading Technologies International, Inc. and against BGC Partners, Inc.. (Mailed Notice) (RESTRICTED) (rc, )
September 7, 2021 Opinion or Order Filing 2133 JURY Notes.(air, )
September 7, 2021 Opinion or Order Filing 2132 ENTERED JUDGMENT Signed by the Honorable Virginia M. Kendall on 9/7/2021. Mailed notice(air, )
September 7, 2021 Opinion or Order Filing 2131 MINUTE entry before the Honorable Virginia M. Kendall:Jury Deliberations held and completed on 9/7/2021. Jury returns verdict as follows: With respect to Question 1 Infringement; Claims 1, 12, 15, 17, 22, 27 as to '304 Patent For TT; Claims 1, 7, 8, 25, 51 as to '132 Patent For TT: With respect to Question 2 Willful Infringement; Finding for IB: With respect to Question 3 Obviousness; Claims 1, 12, 15, 17, 22, 27 as to '304 Patent For TT; Claims 1, 7, 8, 25, 51 as to '132 Patent For TT: With respect to Question 4 Damages; Finding for TT in the amount of $6,610,985. Enter Judgment. Civil case terminated. Mailed notice (air, )
September 2, 2021 Opinion or Order Filing 2130 JURY Instructions. (cn).
September 2, 2021 Opinion or Order Filing 2129 MINUTE entry before the Honorable Virginia M. Kendall: Jury trial completed on 9/2/2021. Jury deliberations began and will continue on 9/7/2021 at 9:30 AM. By agreement, Counsel for each party with authority to sign the evidence certification form are directed to bring the flash drive of exhibits and the discussed document to Courtroom Deputy Claire Newman, in Room 1704, on 9/3/2021 at 7:00 AM. Mailed notice (cn).
September 1, 2021 Opinion or Order Filing 2128 MOTION by Defendants IBG LLC, Interactive Brokers LLC THIRD JOINT MOTION TO ADMIT AGREED EXHIBITS INTO EVIDENCE (Mandell, Steven)
September 1, 2021 Opinion or Order Filing 2127 MINUTE entry before the Honorable Virginia M. Kendall: Jury trial and Jury Instruction Conference held on 9/1/2021 and continued to 9/2/2021 at 9:00 AM. Mailed notice (cn).
September 1, 2021 Opinion or Order Filing 2126 RESPONSE by IBG LLC, Interactive Brokers LLC to MOTION by Plaintiff Trading Technologies International, Inc. for judgment PLAINTIFF TRADING TECHNOLOGIES'S MOTION FOR JUDGMENT AS A MATTER OF LAW #2110 (Mandell, Steven)
September 1, 2021 Opinion or Order Filing 2125 MINUTE entry before the Honorable Virginia M. Kendall: Defendants IBG LLC And Interactive Brokers LLLC's motion for leave to file under seal their Bench Memorandum objecting to Christopher Thomas' rebuttal demonstratives and Exhibits A-H #2119 is granted. Mailed notice (cn).
September 1, 2021 Opinion or Order Filing 2124 MINUTE entry before the Honorable Virginia M. Kendall: Second Joint Motion to admit agreed exhibits into evidence #2111 is granted. Mailed notice (cn).
August 31, 2021 Opinion or Order Filing 2123 MINUTE entry before the Honorable Virginia M. Kendall. Jury Trial held on 8/31/2021 and continued for 9/1/2021 at 9:15 AM. Mailed notice (lk, )
August 31, 2021 Opinion or Order Filing 2121 DIGITAL EXHIBIT submitted by IBG, LLC, Interactive Brokers Group, LLC regarding #2113 For more information, please visit https://www.ilnd.uscourts.gov/ExhibitDrop. If you wish to download a digital exhibit, please send your request to the Certified Copy Desk (CCD) inbox at CCD_ILND@ilnd.uscourts.gov. You will be provided with an invoice and charged according to the Fee Schedule. Once your payment has been processed, you will receive a URL via email to download the exhibit. (jmk, )
August 31, 2021 Opinion or Order Filing 2120 SEALED DOCUMENT by Defendants IBG LLC, Interactive Brokers LLC DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S BENCH MEMORANDUM OBJECTING TO CHRISTOPHER THOMAS' REBUTTAL DEMONSTRATIVES AND EXHIBITS (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Mandell, Steven)
August 31, 2021 Opinion or Order Filing 2119 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
August 30, 2021 Opinion or Order Filing 2118 SEALED DOCUMENT by Defendants IBG LLC, Interactive Brokers LLC IBG LLC AND INTERACTIVE BROKERS LLC'S BENCH MEMORANDUM TO PRECLUDE CATHARINE LAWTON FROM TESTIFYING BEYOND THE SCOPE OF PROPER REBUTTAL (Attachments: #1 Declaration of Naoya Son, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Mandell, Steven)
August 30, 2021 Opinion or Order Filing 2117 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
August 30, 2021 Opinion or Order Filing 2116 RESPONSE by Plaintiff Trading Technologies International, Inc. to memorandum #2113 TT'S BENCH MEMORANDUM OPPOSING ADMISSION OF DDX5-7 (Kurcz, Jennifer)
August 30, 2021 Opinion or Order Filing 2115 OBJECTIONS IB'S OBJECTIONS AND PROPOSALS TO THE COURT'S AUGUST 27, 2021 DRAFT INSTRUCTIONS TO THE JURY (Attachments: #1 Exhibit A)(Mandell, Steven)
August 30, 2021 Opinion or Order Filing 2114 OBJECTIONS IB'S OBJECTIONS AND PROPOSALS TO THE COURT'S AUGUST 27, 2021 DRAFT VERDICT FORM (Attachments: #1 Exhibit A)(Mandell, Steven)
August 30, 2021 Opinion or Order Filing 2113 MEMORANDUM by IBG LLC, Interactive Brokers LLC BENCH MEMORANDUM IN SUPPORT OF ADMITTING DDX 5-7 (Attachments: #1 Exhibit A)(Mandell, Steven)
August 30, 2021 Opinion or Order Filing 2112 MOTION by Plaintiff Trading Technologies International, Inc. to Exclude PLAINTIFF'S MOTION TO EXCLUDE DEMONSTRATIVE DDX 1-74 (Kurcz, Jennifer)
August 30, 2021 Opinion or Order Filing 2111 MOTION by Defendants IBG LLC, Interactive Brokers LLC SECOND JOINT MOTION TO ADMIT AGREED EXHIBITS INTO EVIDENCE (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Mandell, Steven)
August 29, 2021 Opinion or Order Filing 2110 MOTION by Plaintiff Trading Technologies International, Inc. for judgment PLAINTIFF TRADING TECHNOLOGIES'S MOTION FOR JUDGMENT AS A MATTER OF LAW (Kurcz, Jennifer)
August 27, 2021 Opinion or Order Filing 2109 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC to Sealed motion, #2094 IB'S RESPONSE IN OPPOSITION TO TT'S BENCH MEMORANDUM IN SUPPORT OF ADMITTING THE TT CLAIMS MEMO (Mandell, Steven)
August 27, 2021 Opinion or Order Filing 2108 MINUTE entry before the Honorable Virginia M. Kendall. Jury Trial held on 8/27/2021 and continued for 8/31/2021 at 9:00 AM. Mailed notice (lk, )
August 26, 2021 Opinion or Order Filing 2107 MEMORANDUM by IBG LLC, Interactive Brokers LLC IB'S BENCH MEMORANDUM REGARDING CHRISTOPHER THOMAS DEMONSTRATIVES (Mandell, Steven)
August 26, 2021 Opinion or Order Filing 2106 MEMORANDUM by IBG LLC, Interactive Brokers LLC IB'S BENCH MEMORANDUM REGRADING PROPER SCOPE OF PLAINTIFF'S REBUTTAL CASE (Mandell, Steven)
August 26, 2021 Opinion or Order Filing 2105 MINUTE entry before the Honorable Virginia M. Kendall. Jury Trial held on 8/26/2021 and continued for 8/27/2021 at 9:00 AM. Mailed notice (lk, )
August 26, 2021 Opinion or Order Filing 2104 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motions to Seal #2097 , #2095 and #2093 are granted. Defendant's Motions to Seal #2098 and #2087 are granted. Mailed notice (lk, )
August 26, 2021 Opinion or Order Filing 2103 MINUTE entry before the Honorable Virginia M. Kendall. TT moves to exclude testimony by Earl Nemser, IB's Vice Chairman and legal advisor, that falls outside the scope of his deposition testimony, specifically (1) customer agreements and account statements and (2) decisions and pleadings from the eSpeed litigation. (Dkt. #2080 ). IB did not disclose Nemser as a Rule 26 witness, but TT deposed him under Rule 30(b)(1). Fed. R. Civ. P. 26, 30. Nemser did not discuss customer agreements and customer account statements at his deposition and was instructed not to answer certain questions about the eSpeed litigation on grounds of privilege. (Dkt. 2080 at Ex. 3). First, because IB did not disclose Nemser as an individual who would have knowledge of customer agreements and account statement and because there was no discussion of these documents during his deposition, it would be prejudicial to TT if IB were now permitted to discuss them. Although TT did not disclose its customer agreement theory until after Nemser's deposition, as soon as this occurred, IB had an obligation under Rule 26 to disclose Nemser as an individual with knowledge of that information that it would use to rebut TT's theory. Because TT had no notice that Nemser would discuss this information and did not have an opportunity to examine him on that information, Nemser's testimony regarding customer agreements and account statements testimony is excluded. See Steffek v. Client Servs., Inc., 948 F.3d 761, 768 (7th Cir. 2020) ("Rule 37(c)(1) directs judges to exclude evidence left out of required disclosures absent some extenuating circumstances."). Second, Nemser discussed certain information regarding the eSpeed litigation, for example how he generally followed the eSpeed litigation, knew that a preliminary injunction had been denied in eSpeed, certain articles regarding the eSpeed litigation, and teleconferences with the FIA litigation defense group. (Id.) Nemser declined to provide other information regarding eSpeed on grounds of privilege, for example why he followed the eSpeed case, how IB became aware of the specialist book, or how he got involved with the FIA litigation defense group. (Id.) IBG may not use privilege to block testimony during discovery and then waive that privilege during trial to permit its witnesses to offer that same testimony in front of the Jury. Such conduct frustrates the purposes of discovery and is prejudicial to TT. See e.g., Clark v. City of Munster, 115 F.R.D. 609, 615 (N.D. Ind. 1987) ("[P]laintiffs will not be permitted to frustrate discovery by claiming a privilege prior to trial and then waiving that privilege at trial.") (citing Gorby v. Schneider Tank Lines, Inc., 741 F.2d 1015, 1019 (7th Cir.1984); Weil v. Inv./Indicators, Rsch. & Mgmt., Inc., 647 F.2d 18, 24 (9th Cir. 1981) (A party "may elect to withhold or disclose [privileged information], but after a certain point his election must remain final."). IB is not permitted to discuss any information it asserted as privileged. Nemser's testimony should be limited to what he discussed at his deposition. Moreover, to the extent IB seeks to offer an opinion of counsel through Nemser as a defense to willful infringement, Local Patent Rule 3.6 requires that such an opinion be disclosed in advance of trial. IB did not disclose that Nemser would provide such an opinion and may not do so at trial. TT's motion #2080 is granted. Mailed notice (lk, )
August 26, 2021 Opinion or Order Filing 2102 MINUTE entry before the Honorable Virginia M. Kendall. TT moves to exclude certain demonstrative slides accompanying Brett Reed's expert testimony #2092 . Specifically, TT seeks to exclude slides mentioning (1) new opinions not disclosed in Reed's expert report; (2) quotations of caselaw; and (3) noncomparable license agreements. As to the first category of slides, "[a]n expert witness may not testify to subject matter beyond the scope of the witness's expert report unless the failure to include that information in the report was "substantially justified or harmless." Rembrandt Vision Techs., L.P. v. Johnson & Johnson Vision Care, Inc., 725 F.3d 1377, 1381 (Fed. Cir. 2013) (quoting Fed. R. Civ. P. 37(c)(1)). Slide 46 supports an opinion that none of the agreements Lawton relied on to reach her damages opinion contain provisions regarding payment for download software. Although Reed discussed these agreements in detail in his report, this observation regarding the agreements was not disclosed in the report and is thus excluded. Slide 67 mentions that PatSystems, Strategy Runner, and NinjaTrader all implemented non-infringing alternatives. This fact is discussed in Reed's report, so the slide is admitted. (See Dkt. #2099 at 23-42, 176-86). Slide 68 merely explains what a non-infringing alternative is and whether IB could have switched to one, a topic discussed in Reed's report. (See Dkt. #2099 at 178-185, 203, 207-210, 214-16, 222-223, 243). It is admitted. Slide 69 discusses a non-infringing alternative outside the United States. Although Reed discussed this in his report, IB indicated it has since abandoned this theory of non-infringing alternatives. (See Dkt. #2020 at 1). Slide 69 is accordingly excluded. Slides 70-72 assert that the PatSystems, Strategy Runner, and NinjaTrader agreements had a larger scope than IB's hypothetical negotiation with TT. Reed discussed the terms of the agreements as well as their scope in his report. (See Dkt. #2099 at 247-248, Tab T1). Slides 70 through 72 are admitted. Finally, Slides 93 and 95 discuss various royalty amounts premised on various royalty rates (2 cents, 5 cents, and 10 cents). Reed concluded a 5 cent royalty applies and to the extent the remaining amounts are merely provided as a comparison, the slides are admissible. Next, as this Court ruled with respect to Bernard Donefer's testimony, statements of law from other cases is likely to confuse and mislead the Jury as to the law they are required to apply in this case. (Dkt. #2101 ); see also Clipco, Ltd. v. Ignite Design, LLC, No. 04 C 5043, 2005 WL 2861032, at *2 (N.D. Ill. Oct. 28, 2005) (precluding expert from discussing summary judgment opinion or ruling in jury's presence). "It is the role of the judge, not an expert witness, to instruct the jury on the applicable principles of law." Jimenez v. City of Chicago, 732 F.3d 710, 721 (7th Cir. 2013). Slides 34 and 49 are accordingly excluded. Finally, TT argues Reed cannot rely on noncomparable licensing agreements, i.e., those other than the PatSystems, Strategy Runner, and NinjaTrader agreements, to support his reasonable royalty assessment. As a threshold matter, this issue should have been raised in a Daubert motion, the deadline for which has long passed. Regardless, Reed does not use the agreements to support his ultimate reasonable royalty assessment. Rather, the agreements are used to show that the $50 minimum and 10 cent royalty Lawton used in her royalty assessment are flawed. TT also argues that the manner in which Reed seeks to rely on the agreements was not disclosed in his report. Reed's demonstrative slides indicate he will use the agreements to show that other competitors did not agree to pay a $50 minimum/monthly fee or a 10 cent royalty. These opinions were adequately disclosed in Reed's report. (See Dkt. 2099-2 at 194-196). Two slides, however, indicate Reed will opine that other competitors did not agree to pay $1,000 per month for TWS poached traders. (See DDX-11 Slides 26-27). This opinion was not disclosed in his report and is excluded. TT's motion #2092 is granted in part and denied in part. Mailed notice (lk, )
August 26, 2021 Opinion or Order Filing 2101 MINUTE entry before the Honorable Virginia M. Kendall. Before the Court is TT's motion to reconsider this Court's Order permitting Bernard Donefer to use demonstrative slides containing explanatory quotes from caselaw. (Dkt. #2090 , #2096 ). "Motions for reconsideration serve a limited function: to correct manifest errors of law or fact or to present newly discovered evidence." Caisse Nationale de Credit Agricole v. CBI Indus., 90 F.3d 1264, 1269 (7th Cir. 1996) (internal quotations and citation omitted). The party seeking the Court's reconsideration must give the Court "a reason for changing its mind." Ahmed v. Ashcroft, 388 F.3d 247, 249 (7th Cir. 2004). The Court ruled on TT's motion to exclude Donefer's demonstrative slides without the benefit of the caselaw TT now cites in support of reconsideration. Having reviewed those cases, the Court grants TT's motion for reconsideration and excludes Donefer's demonstrative slides discussing and quoting opinions by courts. Donefer's slides discuss dicta from caselaw that goes beyond the applicable claim constructions in this case. Claim construction is a question of law and exclusively within the province of the Court. Markman v. Westview Instruments, Inc., 517 U.S. 370, 372 (1996). While Donefer relied on these cases in reaching his conclusions, discussion of those cases in front of the Jury is likely to confuse and mislead the jury. See e.g., CytoLogix Corp. v. Ventana Med. Sys., Inc., 424 F.3d 1168, 1172 (Fed. Cir. 2005) (trial court erred in allowing parties to present expert testimony regarding claim constructions observing that "[t]he risk of confusing the jury is high when experts opine on claim construction before the jury even when, as here, the district court makes it clear to the jury that the district court's claim constructions control."); MLC Intell. Prop., LLC v. Micron Tech., Inc., No. 14-CV-03657-SI, 2019 WL 2493379, at *1 (N.D. Cal. June 14, 2019) (precluding expert witness from testifying about dicta from claim construction orders); France Telecom S.A. v. Marvell Semiconductor Inc., No. 12-CV-04967-WHO, 2014 WL 4272771, at *1 (N.D. Cal. Aug. 28, 2014) ("Reference to the claim construction order, including the Court's reasoning, is precluded, except for references to the actual constructions."); Sunny Fresh Foods, Inc. v. Michael Foods, Inc., 130 F. App'x 459, 464-65 (Fed. Cir. 2005) (trial court did not err in excluding dicta from claim construction order in claim constructions accompanying jury instructions). Similarly, Donefer discusses judgments in prior lawsuits where the term "static" was applied to different products. Discussion of these opinions relating to different products is also likely to confuse and mislead the Jury. See e.g., Clipco, Ltd. v. Ignite Design, LLC, No. 04 C 5043, 2005 WL 2861032, at *2 (N.D. Ill. Oct. 28, 2005) ("In the jury's presence, neither party shall refer to the court's summary judgment ruling, its factual findings, or rulings of law."). For these reasons, TT's motion for reconsideration #2096 is granted. Mailed notice (lk, )
August 26, 2021 Opinion or Order Filing 2100 MINUTE entry before the Honorable Virginia M. Kendall. Jury trial held on 8/26/2021 and continued for 8/26/2021 at 8:30 AM. Mailed notice (lk, )
August 26, 2021 Opinion or Order Filing 2099 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TT'S BENCH MEMORANDUM REGARDING MR. REED'S DEMONSTRATIVES AND EXPECTED TESTIMONY #2092 RESPONSE IN OPPOSITION TO TT'S BENCH MEMORANDUM REGARDING MR. REED'S DEMONSTRATIVES AND EXPECTED TESTIMONY (Attachments: #1 Declaration of Naoya Son, #2 Exhibit A)(Mandell, Steven)
August 26, 2021 Opinion or Order Filing 2098 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
August 26, 2021 Opinion or Order Filing 2097 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL INC.'S MOTION FOR RECONSIDERATION OF THIS COURT'S AUGUST 25, 2021 ORDER (DKT. NO. 2090) (Kurcz, Jennifer)
August 26, 2021 Opinion or Order Filing 2096 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL INC.'S MOTION FOR RECONSIDERATION OF THIS COURT'S AUGUST 25, 2021 ORDER (DKT. NO. 2090) (Attachments: #1 Exhibit A)(Kurcz, Jennifer)
August 26, 2021 Opinion or Order Filing 2095 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES' BENCH MEMOMORANDUM IN SUPPORT OF ADMITTING THE TT CLAIMS MEMO (Kurcz, Jennifer)
August 26, 2021 Opinion or Order Filing 2094 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES' BENCH MEMOMORANDUM IN SUPPORT OF ADMITTING THE TT CLAIMS MEMO (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Kurcz, Jennifer)
August 26, 2021 Opinion or Order Filing 2093 MOTION by Plaintiff Trading Technologies International, Inc. to seal TT'S BENCH MEMORANDUM REGARDING MR. REED'S DEMONSTRATIVES AND EXPECTED TESTIMONY (Kurcz, Jennifer)
August 26, 2021 Opinion or Order Filing 2092 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TT'S BENCH MEMORANDUM REGARDING MR. REED'S DEMONSTRATIVES AND EXPECTED TESTIMONY (Kurcz, Jennifer)
August 25, 2021 Opinion or Order Filing 2091 MINUTE entry before the Honorable Virginia M. Kendall. Before the Court is IB's oral motion for reconsideration of this Court's ruling permitting Nick Garrow to testify live. IB moved to preclude TT from presenting live rebuttal testimony from Nick Garrow on grounds that Garrow's live testimony was untimely disclosed and is not proper rebuttal testimony. (See Trial Transcript, Aug. 24, 2021, at 83-88). The Court ruled TT could call Garrow via live testimony and ordered TT to make Garrow available for a short deposition. (Id. at 91). Motions to reconsider should be granted only in rare circumstances and the party moving for reconsideration bears a heavy burden. See e.g., e Bank of Waunakee v. Rochester Cheese Sales, Inc., 906 F.2d 1185, 1191 (7th Cir. 1990); Caisse Nationale de Credit Agricole v. CBI Indus., Inc., 90 F.3d 1264, 1270 (7th Cir. 1996). "Motions for reconsideration serve a limited function: to correct manifest errors of law or fact or to present newly discovered evidence." Caisse, 90 F.3d at 1269 (internal quotations and citation omitted). IB fails to meet its burden on reconsideration and the Court stands by its previous ruling. Regarding timing, TT disclosed, as early as May 27, 2021, that it "may call [Nick Garrow] by deposition/prior testimony, but reserves the right to call the witness live, subject to their availability and/or appearance at trial." (Dkt. 1960-7 at 4) (emphasis added). Although the parties also agreed to give sufficient advanced notice if they chose to call a witness live (to permit time for a deposition), TT has notice of at least some of the substantive testimony Garrow will give because it had notice of his deposition. (Id.) Furthermore, to cure any remaining prejudice to IB, the Court permitted IB to take a short deposition regarding his rebuttal testimony. IB also conceded that TT has a "right to bring [Garrow] in [its] rebuttal" at least to the limited issue of validity. (Trial Transcript, Aug. 25, 2021, at 22).Regarding, the scope of rebuttal testimony, IB argues Garrow, and other rebuttal witnesses, should not be permitted to testify beyond the issue of validity. Rebuttal evidence broadly serves to "contradict, impeach or defuse the impact of the evidence offered by an adverse party." U.S. v. Zarnes, 33 F.3d 1454, 1470 (7th Cr. 1994) (citing U.S. v. Papia, 560 F.2d 827, 848 (7th Cir. 1977) (internal quotation marks omitted). Trial judges are afforded "wide discretion" in determining the proper scope of rebuttal evidence. Id.; see also United States v. Wheeler, 745 Fed.Appx. 643, 644 (7th Cir. 2018) ("[T]he court has considerable discretion over the mode and order of examining witnesses, see Fed. R. Evid. 611(a)."). IB has presented no argument or case law persuading the Court to veer from its ordinary course in permitting a party to present a robust rebuttal case. Nor has IB proffered case law holding that patent cases uniquely require a trial court to strictly limit the scope of rebuttal in the manner IB requests. The Court has found no case law tending to show the same. Therefore, the Court declines to limit the scope of TT's rebuttal, including testimony presented by Garrow, to validity. IB's motion for reconsideration is denied. Mailed notice (lk, )
August 25, 2021 Opinion or Order Filing 2090 MINUTE entry before the Honorable Virginia M. Kendall. TT moves to exclude certain demonstrative slides accompanying Bernard Donefer's testimony. (Dkt. #2082 ). Specifically, TT move to exclude slides pertaining to (1) the eSpeed and Sungard courts' explanations of "static" and other relevant terms; and (2) Midas Kapiti and IB Price Bar. First, the explanatory quotes from the eSpeed and Sungard cases are permissible demonstratives because Donefer relied on them in forming his expert conclusions. (See Dkt. #2088 ). Second, this Court previously found that reference to Midas Kapiti and IB Price Bar is permissible to provide background information, but may not be used as evidence of prior or simultaneous invention. (Dkt. 1302, 1993, 1995). IB offers the slides regarding these references to provide historical context for Donefer's discussion of the asserted patents and merely presents them as two examples of charting tools with vertical price axes. There is nothing to indicate they are being offered as prior art references. To the extent, Donefer's testimony is limited to such background information, it is permissible. TT's motion #2082 is denied. Mailed notice (lk, )
August 25, 2021 Opinion or Order Filing 2089 MINUTE entry before the Honorable Virginia M. Kendall. IB moves to prevent TT from presenting live testimony from Dan Durkin on grounds that Durkin's live testimony was untimely disclosed. TT did not disclose until last night that it intends to call Durkin to testify live. As early as May 27, 2021, however, TT disclosed that it "may call [Dan Durkin] by deposition/prior testimony, but reserves the right to call the witness live, subject to their availability and/or appearance at trial." (Dkt. 1960-7 at 4) (emphasis added). Although the parties also agreed to give sufficient advanced notice if they chose to call a witness live (to permit time for a deposition), TT had notice of the substantive testimony Durkin will give because it had notice of his deposition. (Id.) In fairness, however, Durkin's testimony should largely be limited to topics discussed in his deposition. If TT wants to offer testimony beyond Durkin's deposition, it must give IB advanced notice so that IB has the opportunity to adequately cross on it. TT may call Durkin via live testimony. Mailed notice (lk, )
August 24, 2021 Opinion or Order Filing 2088 SEALED EXHIBIT by Defendants IBG LLC, Interactive Brokers LLC Exhibits A and B to IBG's OPPOSITION TO TT'S OBJECTIONS TO THE TESTIMONY AND EXHIBITS OF BERNARD DONEFER regarding memorandum #2086 (Attachments: #1 Exhibit B)(Mandell, Steven)
August 24, 2021 Opinion or Order Filing 2087 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
August 24, 2021 Opinion or Order Filing 2086 MEMORANDUM memorandum #2082 by IBG LLC, Interactive Brokers LLC IBG's OPPOSITION TO TT'S OBJECTIONS TO THE TESTIMONY AND EXHIBITS OF BERNARD DONEFER (Mandell, Steven)
August 24, 2021 Opinion or Order Filing 2085 MOTION by Defendants IBG LLC, Interactive Brokers LLC JOINT MOTION TO ADMIT AGREED EXHIBITS INTO EVIDENCE (Mandell, Steven)
August 24, 2021 Opinion or Order Filing 2084 MINUTE entry before the Honorable Virginia M. Kendall. Jury Trial held on 8/24/2021 and continued for 8/25/2021 at 9:30 AM. Mailed notice (lk, )
August 24, 2021 Opinion or Order Filing 2083 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motions to Seal #2081 and #2075 are granted. Defendant's Motions to Seal #2078 , #2056 and #2052 are granted. Mailed notice (lk, )
August 24, 2021 Opinion or Order Filing 2082 MEMORANDUM by Trading Technologies International, Inc. TT'S BENCH MEMORANDUM OBJECTING TO THE EXHIBITS AND DEMONSTRATIVES DISCLOSED BY IB FOR THE TESTIMONY OF BERNARD DONEFER (Attachments: #1 Exhibit 1)(Kurcz, Jennifer)
August 23, 2021 Opinion or Order Filing 2081 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES' MOTION TO PRECLUDE TESTIMONY AND EXHIBITS OF EARL NEMSER (Kurcz, Jennifer)
August 23, 2021 Opinion or Order Filing 2080 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES' MOTION TO PRECLUDE TESTIMONY AND EXHIBITS OF EARL NEMSER (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kurcz, Jennifer)
August 23, 2021 Opinion or Order Filing 2079 MINUTE entry before the Honorable Virginia M. Kendall. Jury trial held on 8/23/2021 and continued for 8/24/2021 at 9:30 AM. Mailed notice (lk, )
August 23, 2021 Opinion or Order Filing 2078 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal the Declaration of Matthew Blair in Support of Defendants' Bench Memorandum Regarding Certain Objections to Deposition Testimony, and Exhibits A, B, and C attached thereto (Mandell, Steven)
August 23, 2021 Opinion or Order Filing 2077 SEALED DOCUMENT by Defendants IBG LLC, Interactive Brokers LLC DECLARATION OF MATTHEW BLAIR IN SUPPORT OF DEFENDANTS' BENCH MEMORANDUM REGARDING CERTAIN OBJECTIONS TO DEPOSITION TESTIMONY and Exhibits A-C thereto (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mandell, Steven)
August 23, 2021 Opinion or Order Filing 2076 MEMORANDUM by IBG LLC, Interactive Brokers LLC BENCH MEMORANDUM REGARDING CERTAIN OBJECTIONS TO DEPOSITION TESTIMONY (Mandell, Steven)
August 22, 2021 Opinion or Order Filing 2075 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES' MOTION TO PRECLUDE TESTIMONY AND EXHIBITS OF DENNIS STETSENKO (Kurcz, Jennifer)
August 22, 2021 Opinion or Order Filing 2074 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES' MOTION TO PRECLUDE TESTIMONY AND EXHIBITS OF DENNIS STETSENKO (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kurcz, Jennifer)
August 20, 2021 Opinion or Order Filing 2073 MINUTE entry before the Honorable Virginia M. Kendall. Jury Trial held on 8/20/2021 and continued for 8/23/2021 at 9:30 AM. Mailed notice (lk, )
August 20, 2021 Opinion or Order Filing 2071 MEMORANDUM by Trading Technologies International, Inc. TT'S BENCH MEMORANDUM OBJECTING TO THE EXHIBITS, DEMONSTRATIVES, AND TESTIMONY OF MILAN GALIK (Kurcz, Jennifer)
August 19, 2021 Opinion or Order Filing 2072 MINUTE entry before the Honorable Virginia M. Kendall. Jury Trial held on 8/19/202 and continued for 8/20/2021 at 9:45 AM. Mailed notice (lk, )
August 18, 2021 Opinion or Order Filing 2070 MINUTE entry before the Honorable Virginia M. Kendall. Jury Trial held on 8/18/2021 and continued for 8/19/2021 at 10:00 AM. Mailed notice (lk, )
August 17, 2021 Opinion or Order Filing 2069 MINUTE entry before the Honorable Virginia M. Kendall. IB's Motion to Compel Disclosure of the Total Compensation Paid to Testifying Damages Expert Catherine Lawton #2057 is granted. Ms. Lawton's total compensation goes to show her bias, and "bias is always relevant." United States v. Beck, 625 F.3d 410, 419 (7th Cir. 2010) (internal quotations and citation omitted). Although TT previously disclosed Lawton's billing rate and compensation as of October 9, 2020, TT must supplement this information with the compensation Lawton has received since that date. TT takes issue with the fact that IB makes this request mid-trial, but does not demonstrate that producing such information during trial would be unduly burdensome or prejudicial. IB's motion #2057 is granted. Mailed notice (lk, )
August 17, 2021 Opinion or Order Filing 2068 MINUTE entry before the Honorable Virginia M. Kendall. Jury trial held on 8/17/2021 and continued for 8/18/2021 at 9:15 AM. Mailed notice (lk, )
August 17, 2021 Opinion or Order Filing 2067 MINUTE entry before the Honorable Virginia M. Kendall. IBG moves to prevent Lawton from presenting to the jury the contents of news articles and book excerpts she relied on in forming her opinions on hearsay grounds. Generally, an expert witness may rely on otherwise inadmissible hearsay in forming her opinions. Fed. R. Evid. 703. While the expert may explain the facts underlying her opinions, she may not be used as a "mouthpiece [for] the witnesses on whose statements or opinions the expert purports to base h[er] opinion." Loeffel Steel Prods., Inc. v. Delta Brands, Inc. 387 F.Supp.2d 794, 808 (N.D. Ill. 2005); see also Dura Auto. Sys. of Indiana, Inc. v. CTS Corp., 285 F.3d 609, 613 (7th Cir. 2002). In other words, "[t]he fact that inadmissible evidence is the (permissible) premise of the expert's opinion does not make that evidence admissible for other purposes, purposes independent of the opinion." Matter of James Wilson Assocs., 965 F.2d 160, 173 (7th Cir. 1992. Here, Lawton's reliance on news articles and book excerpts goes directly to her damages opinion and are not offered for a purpose "independent of [her] opinion." Id. For example, the book excerpts from "Steidlmayer on Markets: Trading with Market Profile" comment on the "superior format" of MD Trader, its ability to provide "the fastest access to the market [,]" and the success of traders from using MD Trader. (PTX4008.13, PTX4008.14, PTX4008.25). Similarly, news articles establish the cost of missing a tick through "inferior software" and the innovative nature of the price ladder patents. (PTX4008.21, PTX4008.22, PTX4008.47). These sources support Lawton's reasonable royalty assessment under Georgia-Pacific factors eight through ten, namely: (1) "[t]he established profitability of the product made under the patent; its commercial success; and its current popularity [;]" (2) "[t]he utility and advantages of the patent property over the old modes or devices, if any, that had been used for working out similar results[;]" and (3) "the benefits to those who have used the invention." Georgia-Pac. Corp. v. U.S. Plywood Corp., 318 F. Supp. 1116, 1120 (S.D.N.Y. 1970). The remaining articles discuss TT as a leader in innovation (PTX 4008.48), IB's goal to become "the preeminent global futures and options brokerage [,]" (PTX4008.58, PTX4008.59), and IB's efforts to acquire Refco to gain a competitive advantage. (PTX4008.105, PTX4008.106, PTX4008.107). This information is relevant to establishing the "commercial relationship between [TT] and [IBG], such as whether they are competitors" (Georgia-Pacific factor five) and IB's bargaining position in the hypothetical negotiation between it and TT (Georgia-Pacific factor fifteen). Georgia-Pac. Corp., 318 F. Supp. at 1120. So long as the information is not offered for its truth and so long as TT lays the requisite foundation under Rule 702 that news articles and book excerpts are relied on by experts in Lawton's field, it is admissible under Rule 703. Fed. R. Evid. 702, 703. The Court also notes that IB did not move to exclude her opinion under Daubert based on her use of this material which was clearly referenced in her report. The deadline for doing so has long passed. Mailed notice (lk, )
August 17, 2021 Opinion or Order Filing 2066 MINUTE entry before the Honorable Virginia M. Kendall. Before the Court is IBG's Motion in Limine to Preclude Use of Prior Deposition or Trial Testimony of Witnesses Not Deposed in this Case #1819 . Specifically, IBG moves to exclude the prior deposition testimony of David Feltes, a trader deposed during the eSpeed case. TT argues Feltes' testimony is admissible under Federal Rule of Evidence 804(b)(1) and Federal Rule of Civil Procedure 32(a)(8). Because Rule 32(a)(8) permits prior deposition testimony "as allowed by the Federal Rules of Evidence," the Court first considers the applicability of Rule 804. Fed. R. Civ. P. 32(a)(8). Federal Rule of Evidence 804(b)(1) sets forth an exception to hearsay permitting prior deposition "[t]estimony that: (A) was given as a witness at a trial, hearing, or lawful deposition, whether given during the current proceeding or a different one; and (B) is now offered against a party who had-or, in a civil case, whose predecessor in interest hadan opportunity and similar motive to develop it by direct, cross-, or redirect examination." As a threshold matter, this exception only applies if Feltes is considered unavailable. As neither party addresses unavailability, the Court assumes for the purpose of this motion that Feltes is unavailable within the meaning of Rule 804. On the merits, the exception's applicability first hinges on whether eSpeed is a "predecessor in interest" to IBG. The Court must consider "whether the two parties had roughly commensurate stakes in the outcome of their respective proceedings." Volland-Golden v. City of Chicago, 89 F. Supp. 3d 983, 987 (N.D. Ill. 2015) (citing United States v. Feldman, 761 F.2d 380, 387 (7th Cir. 1985) (abrogated on other grounds)). TT sued eSpeed for infringement of the '132 and '304 Patents, the same patents at issue in this case. eSpeed's interests in the outcome of the matter were aligned with IBG's in the present matterto establish the invalidity of the '132 and '304 Patents and minimize its damages liability. IBG argues eSpeed cannot be its predecessor in interest because TT seeks significantly more damages from IBG than it did from eSpeed. TT seeks $1 billion against IBG for 15 years of infringement and sought $3.5-4.6 million from eSpeed for five months of infringement. (Dkt. 1856-7) (Dkt. 1856-14). While this disparity is significant, $3.5-4.6 million in damages for merely five months of infringement is commensurate with significantly greater financial liability for several years of infringement. Millions of dollars in liability for five months of infringing conduct is a sizeable amount and there is no indication that eSpeed was not motivated to vigorously defend itself against such exposure. TT has established that eSpeed and IBG are predecessors in interest. Next, eSpeed had an opportunity to question Feltes. (See Dkt. 1856 at 5-6). Finally, eSpeed must have had a "similar motive" to develop Feltes' testimony. Four factors are considered: "(1) the type of proceeding in which the testimony is given, (2) trial strategy, (3) the potential penalties or financial stakes, and (4) the number of issues and parties." Volland-Golden, 89 F. Supp. 3d at 988 (quoting Feldman, 761 F.2d at 387)). First, the eSpeed case, like the present case, was a patent infringement suit involving the same plaintiff (TT) and same asserted patents ('132 and '304 Patents). Second, eSpeed, like IBG, argued the patents-in-suit are invalid due to obviousness and raised TSE and INTEX as prior art references. eSpeed also sought to undercut the value of the invention and minimize damages as much as possible. Third, TT sought injunctive relief and monetary damages against eSpeed, as it does against IBG. As already discussed, while the damages sought in each case are different in amount, they are commensurate in nature. Finally, there is a parity of issues and parties involved in both cases. TT asserted infringement and willfulness against eSpeed and sought reasonable royalty damages, as it does against IBG, and eSpeed sought to invalidate the patents on 103 grounds (among other grounds) as IBG does in this case. As discussed above, the cases involved the same plaintiff and the same patents. Thus, Feltes' testimony from the eSpeed case falls within the bounds of Federal Rule of Evidence 804, and consequently, of Federal Rule of Civil Procedure 32. IBG's motion #1819 is denied as to David Feltes. Mailed notice (lk, )
August 16, 2021 Opinion or Order Filing 2065 MINUTE entry before the Honorable Virginia M. Kendall. Jury Trial held on 8/16/2021 and continued for 8/17/2021 at 9:15 AM. Mailed notice (lk, )
August 16, 2021 Opinion or Order Filing 2064 MEMORANDUM by IBG LLC, Interactive Brokers LLC IBG'S BENCH MEMORANDUM REGARDING ITS OBJECTIONS TO CERTAIN DEMONSTRATIVE SLIDES OF TT'S DAMAGES EXPERT CATHARINE LAWTON (Attachments: #1 Exhibit A)(Mandell, Steven)
August 16, 2021 Opinion or Order Filing 2063 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC to memorandum #2062 IB'S RESPONSE TO TT'S BENCH MEMORANDUM REGARDING IB'S OBJECTION TO THE DEPOSITION VIDEO OF PETER SPIRO (Mandell, Steven)
August 16, 2021 Opinion or Order Filing 2062 MEMORANDUM by Trading Technologies International, Inc. TT'S BENCH MEMORANDUM REGARDING IB'S OBJECTION TO THE DEPOSITION VIDEO OF PETER SPIRO (Kurcz, Jennifer)
August 15, 2021 Opinion or Order Filing 2061 REPLY by IBG LLC, Interactive Brokers LLC to response in opposition to motion, #2059 , MOTION by Defendants IBG LLC, Interactive Brokers LLC to strike CERTAIN TESTIMONY OF TIMOTHY GEANNOPULOS AS INADMISSABLE HEARSAY #2055 (Mandell, Steven)
August 15, 2021 Opinion or Order Filing 2060 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Defendants IBG LLC, Interactive Brokers LLC to compel disclosure of the total compensation paid to testifying damages expert #2057 TRADING TECHNOLOGIES' OPPOSITION TO IB'S MOTION TO COMPEL DISCLOSURE OF THE TOTAL COMPENSATION PAID TO TESTIFYING DAMAGES EXPERT (Kurcz, Jennifer)
August 15, 2021 Opinion or Order Filing 2059 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Defendants IBG LLC, Interactive Brokers LLC to strike CERTAIN TESTIMONY OF TIMOTHY GEANNOPULOS AS INADMISSABLE HEARSAY #2055 TRADING TECHNOLOGIES' OPPOSITION TO IB'S MOTION TO STRIKE CERTAIN TESTIMONY OF TIMOTHY GEANNOPULOS AS INADMISSABLE HEARSAY (Kurcz, Jennifer)
August 14, 2021 Opinion or Order Filing 2058 SEALED DOCUMENT by Defendants IBG LLC, Interactive Brokers LLC Declaration of Matthew Blair in Support of Motion to Compel and Exhibit A thereto (Attachments: #1 Exhibit A)(Mandell, Steven)
August 14, 2021 Opinion or Order Filing 2057 MOTION by Defendants IBG LLC, Interactive Brokers LLC to compel disclosure of the total compensation paid to testifying damages expert (Attachments: #1 Declaration of Matthew Blair (Filed Under Seal), #2 Exhibit A (Filed Under Seal))(Mandell, Steven)
August 14, 2021 Opinion or Order Filing 2056 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
August 13, 2021 Opinion or Order Filing 2055 MOTION by Defendants IBG LLC, Interactive Brokers LLC to strike CERTAIN TESTIMONY OF TIMOTHY GEANNOPULOS AS INADMISSABLE HEARSAY (Attachments: #1 Exhibit A)(Mandell, Steven)
August 12, 2021 Opinion or Order Filing 2054 MINUTE entry before the Honorable Virginia M. Kendall. Jury trial held on 8/12/2021 and is continued for 8/16/2021 at 9:15 AM. Mailed notice (lk, )
August 12, 2021 Opinion or Order Filing 2053 SEALED DOCUMENT by Defendants IBG LLC, Interactive Brokers LLC Supplement to the Court Regarding PTX 181 (Attachments: #1 Exhibit A, #2 Exhibit B)(Mandell, Steven)
August 12, 2021 Opinion or Order Filing 2052 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
August 11, 2021 Opinion or Order Filing 2051 MINUTE entry before the Honorable Virginia M. Kendall. Jury trial held on 8/11/2021 and continued for 8/12/2021 at 9:15 AM. Mailed notice (lk, )
August 10, 2021 Opinion or Order Filing 2050 MINUTE entry before the Honorable Virginia M. Kendall. Jury Trial held on 8/10/2021 and continued for 8/11/2021 at 9:15 AM. Mailed notice (lk, )
August 9, 2021 Opinion or Order Filing 2049 MINUTE entry before the Honorable Virginia M. Kendall. Jury trial held on 8/9/2021 and continued for 8/10/2021 at 9:15 AM. Mailed notice (lk, )
August 8, 2021 Opinion or Order Filing 2048 MINUTE entry before the Honorable Virginia M. Kendall. Before the Court is IBG's oral motion to introduce rebuttal evidence regarding the '411 Patent. This court previously granted TT's motion to exclude reference to unasserted patents (Dkt. #1992 ) and subsequently denied IBG's motion to reconsider that ruling. (Dkt. #2046 ). The Court noted, however, that IBG may ask to present rebuttal evidence regarding the '411 and '996 Patents should TT open the door to such evidence. (Id.) IBG argues reference to the '411 Patent is necessary to rebut TT's evidence that IBG removed single-click functionality from Book Trader in 2010 and reinstated it in 2012, offered in support of willful infringement. IBG maintains the real reason it removed and reimplemented this functionality was in response to the '411 Patent which was issued in 2010 and then invalidated. The Court reiterates (for the third time) that reference to an unasserted, invalidated patent is likely to confuse or mislead the jury. IBG seeks to reference the invalidated nature of the '411 Patent (not merely its existence), which may lead the jury to conclude that the patents-in-suit, which are a part of the same patent family as the '411 Patent, are similarly invalid. Furthermore, during discovery, IBG's counsel repeatedly instructed witnesses not to answer why single-click functionality was removed and reimplemented, designating such testimony and evidence as privileged. IBG may not use privilege to block testimony during discovery and then waive that privilege on the eve of trial to permit its witnesses to offer that same testimony in front of the jury. Such conduct frustrates the purposes of discovery and is incredibly prejudicial to TT. See e.g., Clark v. City of Munster, 115 F.R.D. 609, 615 (N.D. Ind. 1987) ("[P]laintiffs will not be permitted to frustrate discovery by claiming a privilege prior to trial and then waiving that privilege at trial.") (citing Gorby v. Schneider Tank Lines, Inc., 741 F.2d 1015, 1019 (7th Cir.1984); Weil v. Inv./Indicators, Rsch. & Mgmt., Inc., 647 F.2d 18, 24 (9th Cir. 1981) (A party "may elect to withhold or disclose [privileged information], but after a certain point his election must remain final.") (internal citation omitted). IBG's motion is denied. Mailed notice (lk, )
August 6, 2021 Opinion or Order Filing 2047 MINUTE entry before the Honorable Virginia M. Kendall. Voir Dire held on 8/6/2021 and Jury empanelled. Jury Trial is continued for 8/9/2021 at 9:15 AM. Mailed notice (lk, )
August 6, 2021 Opinion or Order Filing 2046 MINUTE entry before the Honorable Virginia M. Kendall. Before the Court is IBG's Motion for Reconsideration of Plaintiff's Motion in Limine to Preclude Reference to Unasserted Patents #2013 . This Court previously granted TT's motion to exclude reference to unasserted patents that have been invalidated throughout the course of this litigation, noting the prejudice that would ensue if the jury concluded the asserted patents were invalid because other related patents were invalidated. (Dkt. #1992 ). IBG argues the Court's ruling should not apply to the '411 and '996 Patents which were invalidated after the close of briefing on TT's motion in limine. IBG maintains reference to these patents is necessary to rebut certain evidence it expects TT to present at trial regarding willfulness beyond the alleged start of infringement, damages, and nonobviousness. The Court stands by its previous finding that mentioning the invalidated nature of previous patents carries a high risk of prejudice. See for example, Apple Inc. v. Samsung Elecs. Co., No. 11-CV-01846-LHK, 2018 WL 2010621, at *4 (N.D. Cal. Apr. 30, 2018) (excluding all evidence regarding unasserted patent). Nonetheless, if TT opens the door by presenting evidence requiring rebuttal evidence pertaining to the '411 or '996 Patents, the Court will be amenable to such an argument from IBG. Even where the Court finds mention of the existence of these patents is appropriate, the Court will thoroughly scrutinize whether reference to the invalidated nature of the patents is necessary. IBG's motion for reconsideration #2013 is denied. Mailed notice (lk, )
August 5, 2021 Opinion or Order Filing 2045 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion #1701 and Defendant's Motion #1745 for leave to file excess pages are granted. Mailed notice (lk, )
August 5, 2021 Opinion or Order Filing 2044 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motions to seal #1753 and #1777 are granted. Mailed notice (lk, )
August 5, 2021 Opinion or Order Filing 2043 MINUTE entry before the Honorable Virginia M. Kendall. IBG's Motion in Limine to Preclude TT's Reference to "Second Set of Eyes Review" and Prior USPTO Reexaminations and EPO Proceedings Regarding the '132 and '304 Patents #1807 is granted. A patent is presumed valid based on the "presumption that the PTO does its job properly." Superior Fireplace Co. v. Majestic Prod. Co., 270 F.3d 1358, 1367 (Fed. Cir. 2001); 18 U.S.C. 282. Invalidity, however, "must be decided on the basis of prior art adduced in the proceeding before the court" and cannot be determined solely by reference to PTO proceedings. Quad Env't Techs. Corp. v. Union Sanitary Dist., 946 F.2d 870, 876 (Fed. Cir. 1991) (emphasis added) (citation omitted). Thus, while the prosecution history of the patents is relevant, evidence that the PTO repeatedly upheld the patents presents a risk that the jury may view the examiner's opinions as authoritative and decisive and "apply a higher burden to a challenge to the validity of claims that have withstood [repeated] reexamination". See e.g., Fairchild Semiconductor Corp. v. Power Integrations, Inc., No. CV 12-540-LPS, 2015 WL 10457176, at *1 (D. Del. Apr. 23, 2015) (excluding completed reexamination evidence); Callaway Golf Co. v. Acushnet Co., 576 F.3d 1331, 1343 (Fed. Cir. 2009) (risk of jury confusion outweighed probative value of non-final reexamination proceedings on grounds that the proceedings "were of little relevance to the jury's independent deliberations on the factual issues underlying the question of obviousness."). Accordingly, the parties may present evidence that certain prior art was or was not reviewed by the PTO and that the patents were upheld, but may not assert that the prior art was repeatedly reviewed or that the patents were repeatedly upheld through a "second set of eyes review "or reexamination. Masimo Corp. v. Philips Elec. N. Am. Corp., No. CV 09-80-LPS, 2014 WL 4246579, at *2 (D. Del. Aug. 27, 2014) ("The parties may present evidence and argument that a prior art reference was considered by the PTO and the patent was granted, but may not present evidence or argument as to whether a prior art reference was repeatedly considered by the PTO and whether the patent was repeatedly allowed by the PTO."); Fairchild, 2015 WL 10457176, at *1 ("[T]he parties will be permitted to prove and argue that certain evidence was (or was not) reviewed by the PTO, but will not be permitted to prove or argue how many times such evidence was reviewed by the PTO."). The parties may discuss the content of the "second set of eyes" review and reexamination proceedings, but must use general terminology for the proceedings (e.g., "during patent prosecution") to avoid reference to the repeated nature of such proceedings. See Fairchild, 2015 WL 10457176, at *1 ("While there shall be no reference to 'reexamination,' evidence (including prior art) used during a reexamination is not inadmissible solely due to its use or even creation during a reexamination, provided that general terminology (e.g., 'prosecution history') is used and necessary redactions are made."). IBG's motion to exclude reference to European Patent Office ("EPO") proceedings upholding a European TT patent is also granted. TT argues the EPO's findings are relevant to nonobviousness because the EPO considered and rejected LIFFE Connect as invalidating prior art. Nevertheless, "because the standards for patentability differ from country to country, the granting of a patent in a foreign country is not evidence of non-obviousness." Baxter Travenol Lab'ys, Inc. v. Abbott Lab'ys, No. 84 C 5103, 1987 WL 12919, at *7 (N.D. Ill. June 19, 1987) (citing Application of Dulberg, 472 F.2d 1394, 1398 (C.C.P.A. 1973)); Medtronic, Inc. v. Daig Corp., 789 F.2d 903, 90708 (Fed. Cir. 1986) (declining to adopt conclusions of foreign tribunal explaining that "[t]he patent laws of the United States are the laws governing a determination of obviousness/nonobviousness of a United States patent in a federal court."). Mailed notice (lk, )
August 5, 2021 Opinion or Order Filing 2042 MINUTE entry before the Honorable Virginia M. Kendall. IBG's Motion in Limine to Preclude Use of Negative Character Evidence #1805 is granted in part and denied in part. IBG moves to exclude the following evidence regarding IBG and/or its founder, Chairman, and former CEO, Thomas Peterffy: (1) Peterffy's personal wealth and finances; (2) Peterffy's immigration or citizenship status; (3) Peterffy's political affiliations; (4) Peterffy's use of and comments regarding attractive women in the trading pits; (5) Peterffy's alleged hacking of Nasdaq; (6) characterizations of Peterffy or IBG has willing to bend the rules to gain an advantage; (7) IBG's resistance to direct customer participation in the securities market; (8) regulatory discipline by the CFTS and SEC; and (9) the one-time failure of IBG's software to show negative oil future prices caused by the COVID-19 pandemic. First, information regarding Peterffy's personal finances is admissible, but only for the limited purpose of showing bias in the form of his financial interest in IBG. Second, information regarding Peterffy's Hungarian nationality is admissible for the purpose of establishing the bias of certain IBG employees whom Peterffy hired from Hungary. Third, TT agrees to exclude evidence of Peterffy's political affiliations. Next, evidence of Peterffy's (i) use of attractive women to trade, (ii) hacking of Nasdaq, and (iii) willingness to bend the rules to gain an advantage is inadmissible, except as rebuttal character evidence should IBG introduce testimony regarding Peterffy's positive character traits. The Court will entertain objections in this regard and make rulings based on the evidence at trial. TT's argues this evidence shows ways in which Peterffy attempted to gain a speed advantage in the market, but the probative value of using Peterffy's actions to establish the importance of speed in the trading industry generally is significantly outweighed by the potential prejudice to Peterffy and IBG. Fed. R. Evid. 403. Similarly, IBG's resistance to direct customer participation in the securities markets is inadmissible as it makes no fact in this patent infringement suit more or less likely. Fed. R. Evid. 401. Next, TT intends to offer evidence of regulatory discipline dealing with shortcomings in IBG's bookkeeping to rebut IBG's assertions that its BookTrader transactions data is accurate. This is, however, classic propensity evidenceTT would ask the jury to conclude the BookTrader data is inaccurate because unrelated IBG data was also flawed. Fed. R. Evid. 404. Finally, TT asserts the failure of IBG's software to show negative oil futures prices during the recent pandemic is relevant to demonstrating the huge monetary loss that can result from malfunctioning trading software. The prejudicial effect of this evidence outweighs its minimal probative value, particularly because the malfunction and resultant loss took place on a single day amidst an unprecedented pandemic. Thus, evidence of regulatory discipline and IBG software malfunctioning are also excluded. The Court notes that its exclusion of the evidence at issue in this motion does not disturb the conclusions of experts who relied on it in forming their opinions. Mailed notice (lk, )
August 5, 2021 Opinion or Order Filing 2041 TRANSCRIPT OF PROCEEDINGS held on 08/03/2021 before the Honorable Virginia M. Kendall. Jury Instruction Conference. Court Reporter Contact Information: Gayle A. McGuigan, CSR, RMR, CRR, (312) 435-6047, Gayle_McGuigan@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/26/2021. Redacted Transcript Deadline set for 9/6/2021. Release of Transcript Restriction set for 11/3/2021. (McGuigan, Gale)
August 5, 2021 Opinion or Order Filing 2040 MINUTE entry before the Honorable Virginia M. Kendall. IBG's Motion in Limine to Preclude Use of "Summaries" of IBG Data Created by an Unknown Author #1818 (redacted Dkt. #1892 ) is denied. The data excerpts and summaries at issue are compilations of data produced by IBG that were prepared by TT's damages expert. IBG does not dispute the accuracy of this data but claims the selection of data may misrepresent the entire data set. Data summaries are generally admissible under Federal Rule of Evidence 1006. IBG will have the opportunity to thoroughly address the shortcomings of the excerpts and summaries during cross examination and is free to introduce the entire data set or its own excerpts and summaries to counter TT's narrative of its data. IBG's objection ultimately goes to weight, not admissibility. Mailed notice (lk, )
August 5, 2021 Opinion or Order Filing 2039 MINUTE entry before the Honorable Virginia M. Kendall. IBG's Motion in Limine to Preclude Use of Evidence Regarding Third Party's Fabrication of Wit Capital Software #1803 is granted. In 2005, TT sued Rosenthal Collins Group ("RCG") for infringing the '132 and '304 Patents. Rosenthal Collins Grp., LLC v. Trading Techs. Int'l, Inc., No. 05 C 4088, 2007 WL 844610, at *1 (N.D. Ill. Mar. 14, 2007). RCG argued TT's patents were invalid in light of the Wit Capital Software, which it claimed to be prior art. Id. Eventually, however, it was determined that RCG and Wit Capital's creator modified the software to make it appear that it contained certain features recited in TT's patents. Rosenthal Collins Grp., LLC v. Trading Techs. Int'l, Inc., No. 05 C 4088, 2011 WL 722467, at *3, 9-13 (N.D. Ill. Feb. 23, 2011). TT argues this evidence is relevant to nonobviousness, specifically the failure of others to arrive at the claimed invention. While the Court acknowledges evidence of RCG's fabrication tends to show that the claimed invention was not obvious to industry participants, the probative value of this conduct by a third party, occurring several years before TT sued IBG, does not outweigh the significant risk that a jury will infer that because RCG examined the full scope of prior art references and determined fabrication was necessary to overcome an infringement suit, IBG also understood the patents to be nonobvious and may have engaged in similar conduct. Fed. R. Evid. 403. TT may introduce evidence that RCG and other industry participants did not make the claimed invention, but discussion of RCG's fabrication is too prejudicial. Mailed notice (lk, )
August 5, 2021 Opinion or Order Filing 2038 MINUTE entry before the Honorable Virginia M. Kendall. IBG's Motion in Limine to Preclude Use of and Improper Suggestions Regarding Emails Between Litigation Counsel and Konstantine Smaguine #1802 is granted. IBG asked Smaguine to compile a report regarding hypothetical non-infringing alternatives in support of its damages position. Although, Smaguine will no longer testify, TT argues emails between Smaguine and IBG counsel regarding the contents of Smaguine's report are still relevant to remaining issues of liability and damages. TT's position is unavailing. First, TT claims the emails contain several "admissions" by IBG counsel regarding infringement and willfulness, but these statements were made in the context of preparing a damages report at which stage infringement and validity are presumed. Prism Techs. LLC v. Sprint Spectrum L.P., 849 F.3d 1360, 1369 (Fed. Cir. 2017) ("[T]he hypothetical-negotiation rubric for the assessment of royalty damages assumes that the asserted patents are valid and infringed."). TT also argues the emails are relevant to a discussion of IBG's remaining non-infringing alternative theory premised on the Reflector product, but the Smaguine emails do not discuss Reflector and are directed at a specific theory of non-infringing alternatives that IBG has now abandoned. Finally, TT argues counsel's statement in the emails that one way for BookTrader to be non-infringing is to "host/service BookTrader only on servers outside the United States[,]" supports its damages position that BookTrader is hosted on servers in the United States. A statement that BookTrader would not infringe the patents if hosted entirely outside the United States is, however, not an admission that BookTrader is hosted entirely in United States. The probative value of the emails is minimal compared to the risk of prejudice to IBG's counsel and the risk of confusing the jury given that Smaguine is no longer testifying. Fed. R. Evid. 403. Mailed notice (lk, )
August 5, 2021 Opinion or Order Filing 2037 MINUTE entry before the Honorable Virginia M. Kendall. IBG's Motion in Limine to Preclude Use of Prior Agreements, Except for Specific Relevant Parts #1814 (redacted Dkt. #1891 ) is granted in part and denied in part. IBG moves to exclude consent judgments and stipulations of validity, enforceability, and infringement included in license and settlement agreements (collectively, the "Prior Agreements") between TT and third parties. TT may use the Prior Agreements, inclusive of the consent judgments and stipulations, to establish a reasonable royalty under the Georgia Pacific factors. Georgia-Pac. Corp. v. U.S. Plywood Corp., 318 F. Supp. 1116, 1120 (S.D.N.Y. 1970) (factors to be considered when determining a reasonable royalty include "[t]he royalties received by the patentee for the licensing of the patent in suit[,]" "[t]he licensor's established policy and marketing program to maintain his patent monopoly bygranting licenses under special conditions designed to preserve that monopoly[,]" and "[t]he amount that a licensor (such as the patentee) and a licensee (such as the infringer) would have agreed upon (at the time the infringement began) if both had been reasonably and voluntarily trying to reach an agreement[.]"). The consent judgments and stipulations, containing admissions of infringement and validity, are evidence that will aid the jury in determining the comparability of the Prior Agreements to the hypothetical negotiation at issue which "assumes that the asserted patents are valid and infringed." Prism Techs. LLC v. Sprint Spectrum L.P., 849 F.3d 1360, 1369 (Fed. Cir. 2017); Uniloc USA, Inc. v. Microsoft Corp., 632 F.3d 1292, 1316 (Fed. Cir. 2011) ("[L]icenses relied on by the patentee in proving damages must be sufficiently comparable to the hypothetical license at issue in suit[.]") (internal quotations and citation omitted). TT may not use the consent judgments and stipulations within the Prior Agreements, however, to support a finding of liability against IBG. Evidence or argument that because third parties acknowledged infringement, enforceability, or validity of the patents-in-suit as part of licensing arrangements or settlement negotiations, has minimal probative value compared to the high risk that the jury will defer to these admissions and decide the case on evidence not before it. See for example Trading Technologies Int. Inc. v. eSpeed, Inc., No. 04-cv-5312, (Dkt. 1027-4 at 3) (N.D. Ill. Oct. 1, 2007) (excluding consent judgments "due to the high likelihood of prejudice[.]"); CIVIX-DDI, LLC v. Hotels.com, L.P., No. 05 C 6869, 2012 WL 6591684, at *78 (N.D. Ill. Dec. 18, 2012) (stipulation of infringement entered into by infringer's parent corporation when settling a different infringement action admissible to prove damages, but not liability). The remaining portions of the Prior Agreements may, however, be utilized in support of liability. See, e.g., In re Rouffet, 149 F.3d 1350, 1355 (Fed. Cir. 1998) ("[L]icenses showing industry respect for the invention" are objective indicia of nonobviousness.). Mailed notice (lk, )
August 5, 2021 Opinion or Order Filing 2036 MINUTE entry before the Honorable Virginia M. Kendall. IBG's Motion in Limine to Preclude TT's Use of Jury Verdicts and Judgments from Prior eSpeed and CQG Cases #1795 is granted in part and denied in part. TT may use the prior jury verdicts to introduce evidence of the royalties awarded in those cases as part of its burden to establish a reasonable royalty under the Georgia Pacific factors. Sprint Commc'ns Co., L.P. v. Time Warner Cable, Inc., 760 F. App'x 977, 981 (Fed. Cir. 2019) (affirming admission of prior verdict for limited purposes, including establishing reasonable royalties, but noting that "such evidence can be prejudicial and must be treated with great care[.]"); Applied Med. Res. Corp. v. U.S. Surgical Corp., 435 F.3d 1356, 1366 (Fed. Cir. 2006) (same). The verdicts may not be used, however, to suggest that because the eSpeed and CQG juries reached findings of liability, a finding of liability is similarly warranted in this case. Introduction of prior verdicts in support of liability creates a strong risk that the jury will defer to earlier results and decide a case on evidence not before it. See e.g. Trading Technologies Intl. Inc. v. CQG et al., No. 05-cv-4811, Dkt. 1042 at 3 (N.D. Ill. Feb. 17, 2015) (allowing use of eSpeed verdict for damages but not liability); Oil-Dri Corp. of Am. v. Nestle Purina PetCare Co., No. 15 C 1067, 2019 WL 1098925, at *6 (N.D. Ill. Mar. 8, 2019) (excluding evidence of prior patent infringement litigation as substantially more prejudicial than probative); Grace v. Apple, Inc., No. 17-CV-00551-LHK, 2020 WL 227404, at *2 (N.D. Cal. Jan. 15, 2020) (excluding prior verdict evidence as more substantially more prejudicial than probative) (internal quotations and citation omitted). Thus, TT may offer evidence that in cases involving the same patents and similar products, a certain amount of royalties were awarded, but the Court will not entertain a lengthy or thorough discussion of the eSpeed and CQG verdicts, particularly because TT's damage's expert Catherine Lawton considered, but did not ultimately rely on the verdicts to reach her damages figure. (See Dkt. 1402-9). TT argues the verdicts provide highly probative evidence regarding third-party copying. TT may, however, introduce evidence that eSpeed and CGQ copied the claimed invention without introducing the jury verdicts. Importantly, a finding of infringement does not equate to a finding of copying. See Iron Grip Barbell Co. v. USA Sports, Inc., 392 F.3d 1317, 1325 (Fed. Cir. 2004) ("Not every competing product that arguably falls within the scope of a patent is evidence of copying. Otherwise every infringement suit would automatically confirm the nonobviousness of the patent."). Finally, TT agrees to exclude evidence regarding eSpeed's and CQG's litigation strategies or the findings in those cases that the '132 and '304 Patents recite patent-eligible subject matter. Mailed notice (lk, )
August 5, 2021 Opinion or Order Filing 2035 MINUTE entry before the Honorable Virginia M. Kendall. TT's Motion in Limine to Preclude IB and Its Witnesses from Contradicting Prior Judicial Admissions #1823 (redacted Dkt. #1863 ) is denied. TT contends IB made prior binding judicial admissions to the effect that (1) IB dos not know how many trades a given customer makes in BookTrader; (2) BookTrader data produced by IB is not used by IB in the ordinary course of business; and (3) all customers trading in IB software for which IB produced data are customers of Interactive Brokers LLC. (Dkt. 1823 at 2, 5). None of the statements TT cites constitute judicial admissions as characterized. Judicial admissions are "formal concessions in the pleadings, or stipulations by a party or its counsel, that are binding upon the party making them" which "has the effect of withdrawing the question... from contestation." Keller v. U.S., 58 F.3d 1194, 1198 n.8 (7th Cir. 1995); Crest Hill Land Dev., LLC v. City of Joliet, 396 F.3d 801, 805 (7th Cir. 2005). "A statement may be construed as a binding judicial admission only if it is 'deliberate, clear, and unequivocal.'" Thornton v. Hamilton Sundstrant Corp., 54 F. Supp. 3d 929, 939 (N.D. Ill. 2014) (quoting Medcom Holding Co. v. Baxter Travenol Labs., Inc., 106 F.3d 1388, 1414 (7th Cir. 1997)). William Cummings's statement in his affidavit that "IBG does not track which of its customers use BookTrader" and "does not know how many trades a given customer makes in BookTrader" is best understood as a statement that IB does not associate individually identifying information such as names and addresses with trades as opposed to the broader, general statement TT asks this Court to infer. (Dkt. 738 at 1-2). This position is clarified by Cummings's subsequent declaration on the same point. (Dkt. 919-1 at 3). For the same reason, Cummings's statement that IB does not use "data regarding transactions placed through BookTrader" in the "ordinary course of business" does not support TT's broad assertion that IB admitted the BookTrader data is not used by IB in the ordinary course of business. (Dkt. 919 at 2). In context, Cummings's statement more specifically refers to IB's practice regarding associating specific transactions with individually identifying customer information such as names and addresses. Finally, TT offers several statements by Cummings and Antonucci as evidence IB admitted that all customers trading in IB software for which IB produced data are customers of IB LLC. Cummings's statement is actually that IB LLC "operates an electronic trading platform, which allows IB LLC customers to execute trades[.]" (Dkt. 1057-1 at 1-2). While this statement supports that IB LLC customers may execute trades through IB LLC's platform, it does not go so far as to suggest they are the only group which may do so. None of the other statements offered by TT support this degree of exclusivity. (Dkt. 1057-1 at 1-2; Dkt. 1081 at 1-2). Mailed notice (lk, ) Modified on 8/5/2021 (lk, ).
August 5, 2021 Opinion or Order Filing 2034 MINUTE entry before the Honorable Virginia M. Kendall. TT's Motion in Limine to Preclude Nicholas Godici and Bernard Donefer from Testifying Regarding Subject Matter the Court has already Excluded #1808 )(redacted Dkt. #1859 ) and IBG's Motion in Limine to Preclude Use of Evidence only Relevant to Inequitable Conduct #1798 are granted in part and denied in part. This Court previously granted TT's motion for summary judgment of no inequitable conduct (Dkt. 1702) and has since excluded expert testimony related solely to this foreclosed defense. (See for example Dkt. 1748). In accordance with these rulings, paragraphs 19, 63-67, 69-78, 99-107, 113, 120, 134-37, 149, 162, and 180-89 of Godici's expert report and Sections V, VI, VII, and XV of Stephen Kunin's report are excluded. Both parties argue Godici and Kunin should be permitted to discuss the facts underlying their inequitable conduct opinions, namely the LIFFE Connect API Manual and eSpeed litigation documents, in support of the parties' obviousness claims. Godici and Kunin, however, did not opine on obviousness and neither party argues that these witnesses have the expertise to render an obviousness opinion. See generally Fed. R. Evid. 702. Moreover, neither expert has personal knowledge of these facts. Thus, their testimony regarding such facts divorced of an expert opinion would be lay testimony based on impermissible speculation. Fed. R. Evid. 701. The Court, however, declines to exclude in their entirety paragraphs 21, 68, 114, 141, 145, and 154 of Godici's report, as portions of these paragraphs provide relevant background information regarding the patent prosecution process. Only the second sentence of paragraph 21, the last sentence of paragraph 114, the last sentence of paragraph 141, the last two sentences of paragraph 145, and the sixth and seventh sentences of paragraph 154, all discussing inequitable conduct, are excluded. Similarly, the Court declines to exclude paragraphs 143, 151, 203, and 210 of Kunin's report, which provide background information regarding the prosecution history of the patents, and do not pertain solely to inequitable conduct. While, Section XIV, discussing European Patent Office ("EPO") proceedings, is not explicitly directed to inequitable conduct, it is inadmissible pursuant to this Court's motion in limine excluding reference to EPO proceedings. The parties also move to exclude portions of Bernard Donefer's and Christopher Thomas's testimony pertaining to inequitable conduct. Paragraphs 18, 60-62, and 965-989 of Bernard Donefer's report and paragraphs 775-78, 783, 787, and 792-803 of Christopher Thomas's report, which opine on inequitable conduct, are excluded. Although Donefer and Thomas use the underlying factual material in these paragraphs in support of other opinions in their reports, these paragraphs are explicitly directed to inequitable conduct and thus, must be excluded. Donefer and Thomas may, however, discuss the underlying factual matter in the context of their other opinions. Finally, TT moves to exclude paragraphs 79-82 of Godici's report which discuss the patent examiner's lack of experience and failure to follow the USPTO's internet usage policy. A patent is presumed valid, 18 U.S.C. 282, and the presumption of validity is a "presumption that the PTO does its job properly." Superior Fireplace Co. v. Majestic Prod. Co., 270 F.3d 1358, 1367 (Fed. Cir. 2001). Moreover, "procedural lapses during examination, should they occur, do not provide grounds of invalidity. Absent proof of inequitable conduct, the examiner's or the applicant's absolute compliance with the internal rules of patent examination becomes irrelevant after the patent has issued." Aristocrat Techs. Australia PTY Ltd. v. Int'l Game Tech., 543 F.3d 657, 663 (Fed. Cir. 2008) (internal quotations and citation omitted). As inequitable conduct is no longer an available defense, Godici's discussion of the examiner's inexperience or failure to comply with USPTO policy is also irrelevant. Paragraphs 79-82 of Godici's report are also excluded. Mailed notice (lk, ) Modified on 8/5/2021 (lk, ).
August 5, 2021 Opinion or Order Filing 2033 MINUTE entry before the Honorable Virginia M. Kendall. TT's Motion in Limine to Preclude IB from Introducing Testimony of Jens-Uwe Schluetter #1806 (redacted Dkt. #1858 ) is denied. TT moves to exclude Schluetter's deposition testimony regarding the LIFFE Connect API Manual, which IBG asserts is prior art rendering the claimed invention obvious. Schluetter, the developer of the claimed invention, testified that he looked at LIFFE API user documentation while "writing a gateway for the LIFFE exchange[,]" but did not recall seeing any diagrams of a front end GUI in the documentation. (Dkt. 2016-1 at 13334). TT argues that because Schluetter did not see the diagrams on which IBG's invalidity argument rests, his testimony is irrelevant. "On the issue of obviousness, [however,] the combined teachings of the prior art as a whole must be considered." EWP Corp. v. Reliance Universal Inc., 755 F.2d 898, 907 (Fed. Cir. 1985). "A reference must be considered for everything that it teaches, not simply the described invention or a preferred embodiment." In re Applied Materials, Inc., 692 F.3d 1289, 1298 (Fed. Cir. 2012). It is thus relevant that Schluetter relied on the LIFFE API user documentation as a whole to create a gateway allowing TT's front-end trading GUIs to access the LIFFE exchange. That Schluetter did not view the diagrams IBG claims describe a front-end GUI, goes to the weight the jury should give his testimony when making an obviousness determination, not its admissibility. The Court reminds IBG that it may not use Schluetter's testimony in support of an inequitable conduct defense, which this Court has already rejected. (See Dkt. 1702). Mailed notice (lk, )
August 5, 2021 Opinion or Order Filing 2032 MINUTE entry before the Honorable Virginia M. Kendall. Attorneys Matthew Blair, Sarah Siedelak and Granville Kaufman's Motions to appear pro hac vice #2015 , #2017 and #2018 are granted. Plaintiff's Motions to Seal #2009 , #2023 and #2027 are granted. Defendant's Motions to Seal #2012 , #2019 , #2024 and #2030 are granted. Mailed notice (lk, )
August 4, 2021 Opinion or Order Filing 2031 SEALED REPLY by IBG LLC, Interactive Brokers LLC to sealed response,, #2022 , SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION FOR RECONSIDERATION OF PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE REFERENCE TO UNASSERTED PATENTS #2013 (Attachments: #1 Declaration of Christina Dashe, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Mandell, Steven)
August 4, 2021 Opinion or Order Filing 2030 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
August 3, 2021 Opinion or Order Filing 2029 MINUTE entry before the Honorable Virginia M. Kendall. In Court Final Pretrial Conference held on 8/3/2021. Mailed notice (lk, )
August 3, 2021 Opinion or Order Filing 2028 TRANSCRIPT OF PROCEEDINGS held on 07/26/2021 before the Honorable Virginia M. Kendall. Pretrial Conference. Order Number: 41285, 41286. Court Reporter Contact Information: Gayle A. McGuigan, CSR, RMR, CRR, (312) 435-6047, Gayle_McGuigan@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/24/2021. Redacted Transcript Deadline set for 9/3/2021. Release of Transcript Restriction set for 11/1/2021. (McGuigan, Gale)
August 2, 2021 Opinion or Order Filing 2027 MOTION by Plaintiff Trading Technologies International, Inc. to seal Amended Exhibits to Pre-Trial Order [Dkt. 2026] (Kurcz, Jennifer)
August 2, 2021 Opinion or Order Filing 2026 SEALED DOCUMENT by Plaintiff Trading Technologies International, Inc. Amended Exhibits to Pre-Trial Order (Attachments: #1 Exhibit A (Amended), #2 Exhibit A (Redlined), #3 Exhibit B (Amended), #4 Exhibit B (Redlined), #5 Exhibit F (Amended), #6 Exhibit F (Redlined), #7 Exhibit G (Revised), #8 Exhibit J (Amended), #9 Exhibit J (Redlined), #10 Exhibit K (Amended), #11 Exhibit K (Redlined), #12 Exhibit L (Amended), #13 Exhibit L (Redlined), #14 Exhibit M (Amended), #15 Exhibit M (Redlined), #16 Exhibit N (Amended), #17 Exhibit N (Redlined), #18 Exhibit O (Amended), #19 Exhibit O (Redlined), #20 Exhibit P (Amended))(Kurcz, Jennifer)
August 2, 2021 Opinion or Order Filing 2025 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to MOTION by Plaintiff Trading Technologies International, Inc.TO EXCLUDE MATERIALS AND TESTIMOMY CONCERNING LATE PRODUCED HHU DEVICE #2006 (Attachments: #1 Exhibit A, #2 Exhibit B)(Mandell, Steven)
August 2, 2021 Opinion or Order Filing 2024 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
August 2, 2021 Opinion or Order Filing 2023 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IB'S MOTION FOR RECONSIDERATION OF TT'S MOTION IN LIMINE TO PRECLUDE REFERENCE TO UNASSERTED PATENTS (Kurcz, Jennifer)
August 2, 2021 Opinion or Order Filing 2022 SEALED RESPONSE by Trading Technologies International, Inc. to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION FOR RECONSIDERATION OF PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE REFERENCE TO UNASSERTED PATENTS #2013 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IB'S MOTION FOR RECONSIDERATION OF TT'S MOTION IN LIMINE TO PRECLUDE REFERENCE TO UNASSERTED PATENTS (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kurcz, Jennifer)
August 2, 2021 Opinion or Order Filing 2021 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to supplement, #2016 RESPONSE TO PLAINTIFF'S NOTICE OF SUPPLEMENTATION REGARDING TT'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING TESTIMONY OF JENS SCHLUETTER (DKT. 1806) (Mandell, Steven)
August 2, 2021 Opinion or Order Filing 2020 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TT'S SUBMISSION IN CONNECTION WITH IB'S MOTION IN LIMINE NO. 11 REGARDING THE SMAGUINE EMAILS #2008 (Attachments: #1 Declaration of Christina Dashe, #2 Exhibit A)(Mandell, Steven)
August 2, 2021 Opinion or Order Filing 2019 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
July 31, 2021 Opinion or Order Filing 2018 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18518482. (Kaufman, Granville)
July 31, 2021 Opinion or Order Filing 2017 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18518464. (Siedlak, Sarah)
July 30, 2021 Opinion or Order Filing 2016 SUPPLEMENT to Sealed motion, #1806 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S NOTICE OF SUPPLEMENTATION REGARDING TT'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING TESTIMONY OF JENS SCHLUETTER (Attachments: #1 Exhibit Exhibit I)(Kurcz, Jennifer)
July 30, 2021 Opinion or Order Filing 2015 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18518241. (Blair, Matthew)
July 30, 2021 Opinion or Order Filing 2014 NOTICE of Motion by Steven P. Mandell for presentment of Sealed motion, #2013 before Honorable Virginia M. Kendall on 8/3/2021 at 10:00 AM. (Mandell, Steven)
July 30, 2021 Opinion or Order Filing 2013 SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION FOR RECONSIDERATION OF PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE REFERENCE TO UNASSERTED PATENTS (Attachments: #1 Declaration of Christina Dashe, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Mandell, Steven)
July 30, 2021 Opinion or Order Filing 2012 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
July 29, 2021 Opinion or Order Filing 2011 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO FILE UNDER SEAL NOTICE of Motion by Jennifer M Kurcz for presentment of motion to seal #2009 before Honorable Virginia M. Kendall on 8/3/2021 at 10:00 AM. (Kurcz, Jennifer)
July 29, 2021 Opinion or Order Filing 2010 TT'S SUBMISSION IN CONNECTION WITH IB'S MOTION IN LIMINE NO. 11 REGARDING THE SMAGUINE EMAILS NOTICE of Motion by Jennifer M Kurcz for presentment of Sealed motion, #2008 before Honorable Virginia M. Kendall on 8/3/2021 at 10:00 AM. (Kurcz, Jennifer)
July 29, 2021 Opinion or Order Filing 2009 MOTION by Plaintiff Trading Technologies International, Inc. to seal TT'S SUBMISSION IN CONNECTION WITH IB'S MOTION IN LIMINE NO. 11 REGARDING THE SMAGUINE EMAILS (Kurcz, Jennifer)
July 29, 2021 Opinion or Order Filing 2008 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TT'S SUBMISSION IN CONNECTION WITH IB'S MOTION IN LIMINE NO. 11 REGARDING THE SMAGUINE EMAILS (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Kurcz, Jennifer)
July 29, 2021 Opinion or Order Filing 2007 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE MATERIALS AND TESTIMOMY CONCERNING LATE PRODUCED HHU DEVICE NOTICE of Motion by Jennifer M Kurcz for presentment of motion for miscellaneous relief #2006 before Honorable Virginia M. Kendall on 8/3/2021 at 10:00 AM. (Kurcz, Jennifer)
July 29, 2021 Opinion or Order Filing 2006 MOTION by Plaintiff Trading Technologies International, Inc.TO EXCLUDE MATERIALS AND TESTIMOMY CONCERNING LATE PRODUCED HHU DEVICE (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kurcz, Jennifer)
July 29, 2021 Opinion or Order Filing 2005 MINUTE entry before the Honorable Virginia M. Kendall. IBG's Motion in Limine to Preclude TT's Use of Jury Verdicts and Judgments from Prior eSpeed and CQG Cases #1795 , Motion in Limine to Preclude Use of Prior Agreements, Except for Specific Relevant Parts #1814 (redacted #1891 ), Motion in Limine to Preclude Use of Evidence only Relevant to Inequitable Conduct #1798 , Motion in Limine to Preclude TT's Use of IBG's Privilege Log #1816 (redacted #1885 ), Motion in Limine to Preclude Use of and Improper Suggestions Regarding Emails Between Litigation Counsel and Konstantine Smaguine #1802 , Motion in Limine to Preclude Use of Evidence Regarding Third Party's Fabrication of Wit Capital Software #1803 , Motion in Limine to Preclude Use of "Summaries" of IBG Data Created by an Unknown Author #1818 (redacted #1892 ), Motion in Limine to Preclude Use of Negative Character Evidence #1805 , Motion in Limine to Preclude TT's Reference to "Second Set of Eyes Review" and Prior USPTO Reexaminations and EPO Proceedings Regarding the '132 and '304 Patents #1807 and Motion in Limine to Preclude Use of Prior Deposition or Trial Testimony of Witnesses Not Deposed in this Case #1819 (redacted #1892 ) are taken under advisement. Mailed notice (lk, )
July 29, 2021 Opinion or Order Filing 2004 MINUTE entry before the Honorable Virginia M. Kendall. IBG's Motion in Limine to Preclude Use of Any Expert Testimony Regarding Commercial Success #1804 is denied. TT's experts Christopher Thomas, Dr. Craig Pirrong, and Dr. Mark Holder have sufficient expertise and qualifications to offer opinions regarding commercial success. Moreover, IBG's motion is untimely-IBG should have raised this issue earlier in a Daubert motion. Mailed notice (lk, )
July 29, 2021 Opinion or Order Filing 2003 MINUTE entry before the Honorable Virginia M. Kendall. IBG's Motion in Limine to Preclude Use of Purported Conversation Between Christopher Thomas and Andrey Mokhorov Not Disclosed in Expert Reports #1817 (redacted #1895 ) is denied. IBG had an opportunity to depose Thomas about his conversation with Mokhorov and may explore the issue again on cross examination. That Thomas did not disclose the conversation in his report and did not recall its contents thoroughly goes to weight, rather than admissibility. Mailed notice (lk, )
July 29, 2021 Opinion or Order Filing 2002 MINUTE entry before the Honorable Virginia M. Kendall. IBG's Motion in Limine to Preclude Argument that BookTrader Noninfringing Alternatives are a "Legal Fiction," "Sham," or the Like #1801 is denied. While a non-infringing alternative need not have been actually implemented, it must have been available at the time of the hypothetical infringement, and the lack of implementation despite knowledge of the patent may support an inference of unavailability. Grain Processing Corp. v. Am. Maize-Prod. Co., 185 F.3d 1341, 1353 (Fed. Cir. 1999) ("When an alleged alternative is not on the market during the accounting period, a trial court may reasonably infer that it was not available as a noninfringing substitute at that time."); SynQor, Inc. v. Artesyn Techs., Inc., 709 F.3d 1365, 1382 (Fed. Cir. 2013) ("Where, as here, an alleged substitute was not on the market during the damages period, the accused infringer has the burden to overcome the inference that the substitute was not "available."). Mailed notice (lk, )
July 29, 2021 Opinion or Order Filing 2001 MINUTE entry before the Honorable Virginia M. Kendall. IBG's Motion in Limine to Preclude any Reference to Opinion of Counsel #1800 is provisionally granted. In light of 35 U.S.C. 298, reference to an opinion of counsel or discussions with counsel will not be admitted. TT may, however, object at trial if it feels IBG has opened the door to such evidence. Mailed notice (lk, )
July 29, 2021 Opinion or Order Filing 2000 MINUTE entry before the Honorable Virginia M. Kendall. IBG's Motion in Limine to Preclude Speculation Regarding Examiner's Personal Understanding and Mental Processes #1799 is denied. Steve Borsand, patent prosecution counsel's, testimony regarding his personal recollection of conversations with the patent examiner is relevant to provide necessary background on prosecution history and to understand how Borsand responded in approaching prosecution. The reliance by other experts on Borsand's testimony, is thus, also permissible. Mailed notice. (lk, )
July 29, 2021 Opinion or Order Filing 1999 MINUTE entry before the Honorable Virginia M. Kendall. IBG's Motion in Limine to Preclude Evidence of Alleged Copying Unrelated to Patented Features #1797 is denied. TT plans to establish at trial that MD Trader is the commercial embodiment of the asserted patents and connect the features of MD Trader to the features disclosed by the asserted patents. Evidence of copying that pertains to a commercial embodiment of the asserted patents is relevant to non-obviousness. See e.g., Sonos, Inc. v. D&M Holdings Inc., No. CV 14-1330-WCB, 2017 WL 5633204, at *2 (D. Del. Nov. 21, 2017). IBG's objection goes to the weight the jury should afford TT's evidence of copying, not it's admissibility. Mailed notice (lk, )
July 29, 2021 Opinion or Order Filing 1998 MINUTE entry before the Honorable Virginia M. Kendall. IBG's Motion in Limine to Preclude Evidence of Alleged Third-Party Copying #1815 (redacted #1884 ) is denied. Evidence of such copying is relevant to non-obviousness. Iron Grip Barbell Co. v. USA Sports, Inc., 392 F.3d 1317, 1325 (Fed. Cir. 2004). Mailed notice (lk, )
July 29, 2021 Opinion or Order Filing 1997 MINUTE entry before the Honorable Virginia M. Kendall. IBG's Motion in Limine to Preclude Use of Third-Party Hearsay as Evidence #1796 is denied. The trader declarations and discussion threads that are the subject of this motion were relied on by TT's experts and TT may introduce them as exhibits to question its experts about their reliance on the information they contain. (See Dkt. 1637 at 3) (concluding Holder may rely on hearsay statements in trader declarations). To the extent IBG has an objection regarding the cumulative or prejudicial nature of reading such statements to the jury, it may raise them at trial. Mailed notice (lk, )
July 29, 2021 Opinion or Order Filing 1996 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion in Limine to Preclude IB from Introducing Testimony of Jens Schluetter #1806 (redacted #1858 ), Motion in Limine to Preclude Nicholas Godici and Bernard Donefer from Testifying Regarding Subject Matter the Court has Already Excluded #1808 (redacted #1859 ), Motion in Limine to Preclude any Evidence or Argument Indicating that the Patents-in-Suit are Expired #1810 , and Motion in Limine to Preclude IB and Its Witnesses from Contradicting Prior Judicial Admissions #1823 (redacted #1863 ) are taken under advisement. Mailed notice (lk, )
July 29, 2021 Opinion or Order Filing 1995 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion in Limine to Preclude IB from Introducing any Testimony and/or Evidence at Trial Concerning "Tradepad" or Midas Kapiti Market Trader #1820 (redacted #1862 ) is granted in part and denied in part. This Court has already concluded that Midas Kapiti Market Trader may not be introduced as evidence of simultaneous or prior invention, but may be used to provide historical context. (Dkt. 1302 at 1). IBG does not contest the exclusion of Tradepad. Mailed notice (lk, )
July 29, 2021 Opinion or Order Filing 1994 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion in Limine to Preclude Arguments and Testimony that Contradict this Court's Claim Constructions #1812 (redacted #1861 )is granted in part and denied in part. The Court's claim construction stands, but TT's motion to exclude Bernard Donefer's testimony on this ground is denied. This Court has already concluded that Donefer's testimony complies with the relevant claim constructions in this case. (Dkt. #1640 ). Mailed notice (lk, )
July 29, 2021 Opinion or Order Filing 1993 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion in Limine to Preclude IB from Introducing Evidence Relating to IB's Alleged Simultaneous/Prior Invention or IB's Own Patents #1811 (redacted #1860 )is granted in part and denied in part. IBG's innovative history and the development of HHUs and other devices is admissible, but IBG may not offer such evidence in support of a theory of simultaneous or prior invention. (See Dkt. 1302 at 1) (excluding testimony that the patents are obvious because others, including IBG, simultaneously invented the same or similar inventions on grounds that IBG never asserted this theory in its invalidity contentions). IBG does not contest the exclusion of evidence regarding its own patents Mailed notice (lk, )
July 29, 2021 Opinion or Order Filing 1992 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion in Limine to Preclude Reference to Unasserted Patents #1809 is granted. Reference to the fact that unasserted patents have been invalidated is more prejudicial than probative, as the jury may conclude the asserted patents are invalid because other patents were invalidated. The invalidation of these other patents throughout the course of this litigation is irrelevant to a willfulness defense, because "culpability is generally measured against the knowledge of the actor at the time of the challenged conduct." Halo Elecs., Inc. v. Pulse Elecs., Inc., 136 S. Ct. 1923, 1933 (2016). Mailed notice (lk, )
July 29, 2021 Opinion or Order Filing 1991 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion in Limine to Exclude any Reference During Trial to the CBM Proceedings for (1) the Patents in Suit and (2) TT Patents Not Asserted in this Case #1349 (redacted #1583 ) is granted. Reference to CBM proceedings is more prejudicial than probative, as jurors may view such evidence as an indication that the patents in suit are invalid. Contrary to IBG's argument, the CBM proceedings, which occurred more than 10 years after IBG's alleged infringing conduct began, are not relevant to a willfulness defense because "culpability is generally measured against the knowledge of the actor at the time of the challenged conduct." Halo Elecs., Inc. v. Pulse Elecs., Inc., 136 S. Ct. 1923, 1933 (2016). IBG's argument that the TD Ameritrade CBM proceedings are relevant to damages for the '411 and '996 Patents is moot, as these patents are no longer at issue. Mailed notice (lk, )
July 26, 2021 Opinion or Order Filing 1990 MINUTE entry before the Honorable Virginia M. Kendall. In Court Final Pretrial Conference held on 7/26/2021 and continued for 8/3/2021 at 10:00 AM which will proceed in Courtroom 2525.Mailed notice (lk, )
July 26, 2021 Opinion or Order Filing 1989 MINUTE entry before the Honorable Virginia M. Kendall. Attorney John F. Murphy's Motion to appear pro hac vice #1978 is granted. Attorney John Murphy has not been admitted in the ND/IL and can not be added to the docket until he is admitted. Mailed notice (lk, )
July 26, 2021 Opinion or Order Filing 1988 MINUTE entry before the Honorable Virginia M. Kendall. Final Pretrial Conference set for 7/26/2021 at 12:30 PM will proceed in Courtroom 2525. Mailed notice (lk, )
July 23, 2021 Opinion or Order Filing 1987 ORDER signed by the Honorable Virginia M. Kendall on 7/23/2021. TT's Motion to Exclude Testimony of Brett Reed #1666 is granted in part and denied in part. See Order for further details. Mailed notice(lk, )
July 23, 2021 Opinion or Order Filing 1986 MINUTE entry before the Honorable Virginia M. Kendall. Before the Court is TT's Motion to Exclude Certain Opinions of Mr. Bernard Donefer on IBG's Alleged Non-Infringing Alternatives #1661 . Donefer's opinions extensively rely on Konstantine Smaguine's declaration. Consistent with this Court's resolution of TT's Motion to Exclude Testimony of Konstantine Smaguine #1973 , TT's motion to exclude Donefer's testimony is provisionally granted with respect WebTrader, but otherwise taken under advisement. Mailed notice (lk, )
July 23, 2021 Opinion or Order Filing 1985 ORDER signed by the Honorable Virginia M. Kendall on 7/23/2021. IBG's Motion to Exclude Certain Damages Opinions of Christopher Thomas #1664 is granted in part and denied in part. See Order for further details. Mailed notice(lk, )
July 23, 2021 Opinion or Order Filing 1984 ORDER signed by the Honorable Virginia M. Kendall on 7/23/2021. IBG's Motion to Exclude Damages Opinions of Catherine M. Lawton #1665 is granted in part and denied in part. See Order for further details. Mailed notice(lk, )
July 23, 2021 Opinion or Order Filing 1983 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC to Sealed motion, #1806 TO TRADING TECHNOLOGIES INTERNATIONAL, INC.'S NOTICE OF SUPPLEMENTATION REGARDING TT'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING TESTIMONY OF JENS SCHLUETTER (Mandell, Steven)
July 20, 2021 Opinion or Order Filing 1982 SUPPLEMENT to Sealed motion, #1806 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S NOTICE OF SUPPLEMENTATION REGARDING TT'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING TESTIMONY OF JENS SCHLUETTER (DKT. 1806) (Attachments: #1 Exhibit H)(Kurcz, Jennifer)
July 16, 2021 Opinion or Order Filing 1981 MINUTE entry before the Honorable Virginia M. Kendall. The Court's Trial system adopted during the COVID-19 pandemic has this Trial beginning on Friday, 8/6/2021 which will proceed in Courtroom 2525 unless otherwise notified. This means that if the Trials runs the full three weeks, the last day would be Thursday, August 26,2021. Jury Trial is reset to begin 8/6/2021 at 9:15 AM. Mailed notice (lk, )
July 12, 2021 Opinion or Order Filing 1980 MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion due to Jury Trial schedule, in Court Final Pretrial Conference is reset for 7/26/2021 at 12:30 PM. The Court will inform Parties prior to Conference as to what Courtroom the Conference will proceed. Mailed notice (lk, )
July 8, 2021 Opinion or Order Filing 1979 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC to supplement, #1976 , Sealed motion, #1806 RESPONSE TO TRADING TECHNOLOGIES INTERNATIONAL, INC.'S NOTICE OF SUPPLEMENTAL AUTHORITY REGARDING TT'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING TESTIMONY OF JENS SCHLUETTER (DKT. 1806) (Mandell, Steven)
July 6, 2021 Opinion or Order Filing 1978 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18425373. John F. Murphy (Kurcz, Jennifer)
July 6, 2021 Opinion or Order Filing 1977 MINUTE entry before the Honorable Virginia M. Kendall. Attorney Monika Dudek's Motion to withdraw as attorney #1975 is granted. Mailed notice (lk, )
July 1, 2021 Opinion or Order Filing 1976 SUPPLEMENT to Sealed motion, #1806 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S NOTICE OF SUPPLEMENTAL AUTHORITY REGARDING TT'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING TESTIMONY OF JENS SCHLUETTER (DKT. 1806) (Attachments: #1 Exhibit F)(Kurcz, Jennifer)
June 28, 2021 Opinion or Order Filing 1975 MOTION by Attorney Monika Dudek to withdraw as attorney for Trading Technologies International, Inc.. No party information provided (Kurcz, Jennifer)
June 25, 2021 Opinion or Order Filing 1974 MINUTE entry before the Honorable Virginia M. Kendall. Given the Court's disposition of IBG's Motion for Summary Judgment of Unpatentability of U.S. Patent Nos. 7,676,411 and 7,813,996 #1387 , IBG's Motion for Summary Judgment of Invalidity of U.S. Patent No. 7,676,411 for Lack of Written Description #1385 is denied as moot. Mailed notice (lk, )
June 25, 2021 Opinion or Order Filing 1973 ORDER signed by the Honorable Virginia M. Kendall on 6/25/2021. TT's Motion to Exclude Testimony of Konstantine Smaguine #1659 is provisionally granted as to Smaguine's testimony regarding WebTrader BookTrader and is otherwise taken under advisement. See Order for further details. Mailed notice(lk, )
June 17, 2021 Opinion or Order Filing 1972 MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 6/17/2021: IBG's Motion for Summary Judgment of Non-Infringement of U.S. Patent Nos. 6,722,132 and 6,766,304 under the Doctrine of Equivalents #1394 is granted. See Opinion for further details. Mailed notice (cn).
June 17, 2021 Opinion or Order Filing 1971 MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 6/17/2021: TT's Motion for Summary Judgment that the Claims of the Patents-in-Suit are Patent-Eligible #1359 is granted in part and denied in part. IBG's Motion for Summary Judgment of Unpatentability of U.S. Patent Nos. 7,676,411 and 7,813,996 #1387 is granted. See Opinion for further details. Mailed notice (cn).
June 16, 2021 Opinion or Order Filing 1970 MINUTE entry before the Honorable Virginia M. Kendall. Defendants' Motion to seal #1968 is granted. Mailed notice (lk, )
June 15, 2021 Opinion or Order Filing 1969 SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC TO CORRECT INADVERTANT ERROR OR OMISSION IN INVALIDITY CONTENTIONS (Attachments: #1 Declaration of Natalie J. Morgan, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Mandell, Steven)
June 15, 2021 Opinion or Order Filing 1968 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
June 14, 2021 Opinion or Order Filing 1967 RESPONSE by Plaintiff Trading Technologies International, Inc. to other, #1966 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS' NOTICE REGARDING TT'S ELIMINATION OF ALL PREVIOUSLY ASSERTED SYSTEM CLAIMS (Kurcz, Jennifer)
June 11, 2021 Opinion or Order Filing 1966 DEFENDANTS' NOTICE REGARDING TT'S ELIMINATION OF ALL PREVIOUSLY ASSERTED SYSTEM CLAIMS MOOTING CERTAIN ARGUMENTS RELATED TO IBG'S PENDING DAUBERT MOTION (DKT. 1664) by IBG LLC, Interactive Brokers Group, LLC (Mandell, Steven)
June 11, 2021 Opinion or Order Filing 1965 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion to seal Corrected Exhibit D and Exhibit O to Proposed Final Pretrial Order #1964 is granted. Mailed notice (lk, )
June 7, 2021 Opinion or Order Filing 1964 MOTION by Plaintiff Trading Technologies International, Inc. to seal Corrected Exhibit D and Exhibit O to Proposed Final Pretrial Order [Dkt. 1963] (Kurcz, Jennifer)
June 7, 2021 Opinion or Order Filing 1963 SEALED DOCUMENT by Plaintiff Trading Technologies International, Inc. Corrected Exhibit D and Exhibit O to Proposed Final Pretrial Order (Attachments: #1 Exhibit D (Corrected), #2 Exhibit O (Corrected), #3 Exhibit O (Redlined))(Kurcz, Jennifer)
June 3, 2021 Opinion or Order Filing 1962 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion to Seal #1961 is granted. Mailed notice (lk, )
May 27, 2021 Opinion or Order Filing 1961 MOTION by Plaintiff Trading Technologies International, Inc. to seal [Draft] Final Pretrial Order [Dkt. 1960] (Kurcz, Jennifer)
May 27, 2021 Opinion or Order Filing 1960 SEALED DOCUMENT by Plaintiff Trading Technologies International, Inc. [Draft] Final Pretrial Order (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P)(Kurcz, Jennifer)
May 27, 2021 Opinion or Order Filing 1959 PROPOSED Pretrial Order (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P)(Kurcz, Jennifer)
May 18, 2021 Opinion or Order Filing 1958 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion to Seal #1956 is granted. Mailed notice (lk, )
May 11, 2021 Opinion or Order Filing 1957 REPLY by Trading Technologies International, Inc. to sealed response, #1948 , reply, #1955 , SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR BIFURCATION #1881 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION FOR BIFURCATION [Redacted Version of Dkt. 1955] (Kurcz, Jennifer)
May 11, 2021 Opinion or Order Filing 1956 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION FOR BIFURCATION [Dkt. 1955] (Kurcz, Jennifer)
May 11, 2021 Opinion or Order Filing 1955 SEALED REPLY by Trading Technologies International, Inc. to sealed response, #1948 , SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR BIFURCATION #1881 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION FOR BIFURCATION (Attachments: #1 Exhibit 1)(Kurcz, Jennifer)
May 10, 2021 Opinion or Order Filing 1954 PROTECTIVE ORDER signed by the Honorable Virginia M. Kendall on 5/10/2021. Mailed notice(lk, )
May 6, 2021 Opinion or Order Filing 1953 MOTION by Plaintiff Trading Technologies International, Inc. to amend/correct order #1300 TT'S UNOPPOSED MOTION TO MODIFY THE PROTECTIVE ORDER, MOTION by Plaintiff Trading Technologies International, Inc. for protective order (Attachments: #1 Exhibit 1)(Kurcz, Jennifer)
April 29, 2021 Opinion or Order Filing 1952 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion to file a Response to Sur-Reply Brief #1951 is granted. Mailed notice (lk, )
April 22, 2021 Opinion or Order Filing 1951 MOTION by Plaintiff Trading Technologies International, Inc. for leave to file TT'S MOTION FOR LEAVE TO FILE A RESPONSE TO IB'S SUR-REPLY BRIEF IN CONNECTION WITH TT'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING ANY TESTIMONY AND/OR EVIDENCE AT TRIAL CONCERNING "TRADEPAD" OR "MIDAS KAPITI MARKET TRADER" (Attachments: #1 Exhibit A)(Kurcz, Jennifer)
April 21, 2021 Opinion or Order Filing 1950 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR BIFURCATION #1881 (Redacted Version of [Dkt. 1948]) (Mandell, Steven)
April 21, 2021 Opinion or Order Filing 1949 MINUTE entry before the Honorable Virginia M. Kendalll. Defendant's Motions to Seal #1813 and #1947 are granted. Plaintiff's Motion to file Sur-Reply #1946 is granted. Attorney Matthew Reed and Naoya Son's Motions to appear pro hac vice #1944 and #1945 are granted. Mailed notice (lk, )
April 20, 2021 Opinion or Order Filing 1948 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR BIFURCATION #1881 IBG's Opposition to Trading Technologies International, Inc.'s Motion for Bifurcation (Mandell, Steven)
April 20, 2021 Opinion or Order Filing 1947 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal their Opposition to Trading Technologies International, Inc.'s Motion for Bifurcation (Mandell, Steven)
April 16, 2021 Opinion or Order Filing 1946 MOTION by Defendants IBG LLC, Interactive Brokers LLC for leave to file SUR-REPLY TO PLAINTIFF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING ANY TESTIMONY AND/OR EVIDENCE AT TRIAL CONCERNING "TRADEPAD" OR "MIDAS KAPITI MARKET TRADER" (Attachments: #1 Exhibit A - Proposed Brief)(Mandell, Steven)
April 15, 2021 Opinion or Order Filing 1945 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18128461. (Son, Naoya)
April 14, 2021 Opinion or Order Filing 1944 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18125966. (Reed, Matthew)
April 13, 2021 Opinion or Order Filing 1943 REPLY by Defendants IBG LLC, Interactive Brokers LLC to Sealed motion #1819 REPLY IN SUPPORT OF MOTION IN LIMINE NO. 18 TO PRECLUDE USE OF PRIOR DEPOSITION OR TRIAL TESTIMONY OF WITNESSES NOT DEPOSED IN THIS CASE (Redacted Version of [Dkt. 1925]) (Mandell, Steven)
April 13, 2021 Opinion or Order Filing 1942 REPLY by Defendants IBG LLC, Interactive Brokers LLC to Sealed motion #1818 REPLY IN SUPPORT OF IBG'S MOTION IN LIMINE NO. 15 TO PRECLUDE TT'S USE OF "SUMMARIES" OF IBG DATA CREATED BY AN UNKNOWN AUTHOR (Redacted Version of [Dkt. 1924]) (Mandell, Steven)
April 13, 2021 Opinion or Order Filing 1941 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion in limine #1804 REPLY IN SUPPORT OF IBG'S MOTION IN LIMINE NO. 14 TO PRECLUDE USE OF ANY EXPERT TESTIMONY REGARDING COMMERCIAL SUCCESS (Redacted Version of [Dkt. 1923]) (Mandell, Steven)
April 13, 2021 Opinion or Order Filing 1940 REPLY by Defendants IBG LLC, Interactive Brokers LLC to Sealed motion #1817 REPLY IN SUPPORT OF MOTION IN LIMINE NO. 13 TO PRECLUDE USE OF PURPORTED CONVERSATION BETWEEN CHRISTOPHER THOMAS AND ANDREY MOKHOROV NOT DISCLOSED IN EXPERT REPORTS (Redacted Version of [Dkt. 1922]) (Mandell, Steven)
April 13, 2021 Opinion or Order Filing 1939 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion in limine #1802 REPLY IN SUPPORT OF MOTION IN LIMINE NO. 11 TO PRECLUDE USE OF AND IMPROPER SUGGESTIONS REGARDING EMAILS BETWEEN LITIGATION COUNSEL AND KONSTANTINE SMAGUINE (Redacted Version of [Dkt. 1921]) (Mandell, Steven)
April 13, 2021 Opinion or Order Filing 1938 REPLY by Defendants IBG LLC, Interactive Brokers LLC to Sealed motion #1816 REPLY IN SUPPORT OF MOTION IN LIMINE NO. 8 TO PRECLUDE TT'S USE OF IBG'S PRIVILEGE LOG (Redacted Version of [Dkt. 1920]) (Mandell, Steven)
April 13, 2021 Opinion or Order Filing 1937 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion in limine #1797 REPLY IN SUPPORT OF MOTION IN LIMINE NO. 5 TO PRECLUDE EVIDENCE OF ALLEGED COPYING UNRELATED TO PATENTED FEATURES (Redacted Version of [Dkt. 1919]) (Mandell, Steven)
April 13, 2021 Opinion or Order Filing 1936 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion in limine #1795 REPLY IN SUPPORT OF IBG'S MOTION IN LIMINE NO. 1 TO PRECLUDE TT'S USE OF JURY VERDICTS AND JUDGMENTS FROM PRIOR ESPEED AND CQG CASES (Redacted Version of [Dkt. 1918]) (Mandell, Steven)
April 13, 2021 Opinion or Order Filing 1935 REPLY by Defendants IBG LLC, Interactive Brokers LLC to Sealed motion #1815 REPLY IN SUPPORT OF MOTION IN LIMINE NO. 4 TO PRECLUDE EVIDENCE OF ALLEGED THIRD-PARTY COPYING (Redacted Version of [Dkt. 1915]) (Mandell, Steven)
April 13, 2021 Opinion or Order Filing 1934 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion in limine #1796 REPLY IN SUPPORT OF MOTION IN LIMINE NO. 3 TO PRECLUDE USE OF THIRD PARTY HEARSAY AS EVIDENCE (Redacted Version of [Dkt. 1912]) (Mandell, Steven)
April 13, 2021 Opinion or Order Filing 1933 REPLY by Defendants IBG LLC, Interactive Brokers LLC to Sealed motion #1814 REPLY IN SUPPORT OF IBG'S MOTION IN LIMINE NO. 2 TO PRECLUDE USE OF PRIOR AGREEMENTS, EXCEPT FOR SPECIFIC RELEVANT PARTS (Redacted Version of [Dkt. 1910]) (Mandell, Steven)
April 12, 2021 Opinion or Order Filing 1932 MINUTE entry before the Honorable Virginia M. Kendall. Defendant's Motion to Seal #1906 and Plantiff's Motion to Seal #1909 are granted. Mailed notice (lk, )
April 9, 2021 Opinion or Order Filing 1931 ATTORNEY Appearance for Plaintiff Trading Technologies International, Inc. by Stephanie J Nelson (Nelson, Stephanie)
April 9, 2021 Opinion or Order Filing 1930 REPLY by Trading Technologies International, Inc. to reply,, #1908 TT'S REPLY IN SUPPORT OF ITS MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING ANY TESTIMONY AND/OR EVIDENCE AT TRIAL CONCERNING "TRADEPAD" OR "MIDAS KAPITI MARKET TRADER" [Public Version of Dkt. 1908] (Kurcz, Jennifer)
April 9, 2021 Opinion or Order Filing 1929 REPLY by Trading Technologies International, Inc. to reply,, #1907 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING EVIDENCE RELATING TO IB'S ALLEGED SIMULTANEOUS/PRIOR INVENTION OR IB'S OWN PATENTS [Redacted Version of Dkt. 1907] (Kurcz, Jennifer)
April 9, 2021 Opinion or Order Filing 1928 REPLY by Trading Technologies International, Inc. to reply,, #1905 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION IN LIMINE TO PRECLUDE IB AND ITS WITNESSES FROM CONTRADICTING PRIOR JUDICIAL ADMISSIONS [Redacted Version of Dkt. 1905] (Kurcz, Jennifer)
April 9, 2021 Opinion or Order Filing 1927 REPLY by Trading Technologies International, Inc. to reply,,, #1904 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION IN LIMINE TO EXCLUDE ANY REFERENCE DURING TRIAL TO THE CBM PROCEEDINGS FOR (1) THE PATENTS-IN-SUIT AND (2) TT PATENTS NOT ASSERTED IN THIS CASE [Redacted Version of Dkt. 1904] (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Kurcz, Jennifer)
April 8, 2021 Opinion or Order Filing 1926 SEALED DOCUMENT by Defendants IBG LLC, Interactive Brokers LLC Declaration of Christina E. Dashe in Support of Replies in Support of IBG's Motions in Limine and Exhibits 101-129 Thereto (Attachments: #1 Exhibit 101, #2 Exhibit 102, #3 Exhibit 103, #4 Exhibit 104, #5 Exhibit 105, #6 Exhibit 106, #7 Exhibit 107, #8 Exhibit 108, #9 Exhibit 109, #10 Exhibit 110, #11 Exhibit 111, #12 Exhibit 112, #13 Exhibit 113, #14 Exhibit 114, #15 Exhibit 115, #16 Exhibit 116, #17 Exhibit 117, #18 Exhibit 118, #19 Exhibit 119, #20 Exhibit 120, #21 Exhibit 121, #22 Exhibit 122, #23 Exhibit 123, #24 Exhibit 124, #25 Exhibit 125, #26 Exhibit 126, #27 Exhibit 127, #28 Exhibit 128, #29 Exhibit 129)(Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1925 SEALED REPLY by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 18 TO PRECLUDE USE OF PRIOR DEPOSITION OR TRIAL TESTIMONY OF WITNESSES NOT DEPOSED IN THIS CASE #1819 (Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1924 SEALED REPLY by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC Motion in Limine No. 15 to Preclude Use of "Summaries" of IBG Data Created by an Unknown Author #1818 (Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1923 SEALED REPLY by IBG LLC, Interactive Brokers LLC to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 14 TO PRECLUDE USE OF ANY EXPERT TESTIMONY REGARDING COMMERCIAL SUCCESS #1804 (Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1922 SEALED REPLY by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 13 TO PRECLUDE USE OF PURPORTED CONVERSATION BETWEEN CHRISTOPHER THOMAS AND ANDREY MOKHOROV NOT DISCLOSED IN EXPERT REPORTS #1817 (Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1921 SEALED REPLY by IBG LLC, Interactive Brokers LLC to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 11 TO PRECLUDE USE OF AND IMPROPER SUGGESTIONS REGARDING EMAILS BETWEEN LITIGATION COUNSEL AND KONSTANTINE SMAGUINE #1802 (Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1920 SEALED REPLY by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 8 TO PRECLUDE TT'S USE OF IBG'S PRIVILEGE LOG #1816 (Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1919 SEALED REPLY by IBG LLC, Interactive Brokers LLC to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 5 TO PRECLUDE EVIDENCE OF ALLEGED COPYING UNRELATED TO PATENTED FEATURES #1797 (Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1918 SEALED REPLY by IBG LLC, Interactive Brokers LLC to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 1 TO PRECLUDE TT'S USE OF JURY VERDICTS AND JUDGMENTS FROM PRIOR ESPEED AND CQG CASES #1795 (Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1917 REPLY by Trading Technologies International, Inc. to MOTION by Plaintiff Trading Technologies International, Inc.in limine TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE REFERENCE TO UNASSERTED PATENTS #1809 , response in opposition to motion, #1840 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION IN LIMINE TO PRECLUDE REFERENCE TO UNASSERTED PATENTS (Attachments: #1 Exhibit 1)(Kurcz, Jennifer)
April 8, 2021 Opinion or Order Filing 1916 REPLY by Trading Technologies International, Inc. to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING TESTIMONY OF JENS SCHLUETTER #1806 , sealed response, #1845 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING TESTIMONY OF JENS SCHLUETTER (Attachments: #1 Exhibit F)(Kurcz, Jennifer)
April 8, 2021 Opinion or Order Filing 1915 SEALED REPLY by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 4 TO PRECLUDE EVIDENCE OF ALLEGED THIRD-PARTY COPYING #1815 (Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1914 REPLY by Trading Technologies International, Inc. to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE NICHOLAS GODICI AND BERNARD DONEFER FROM TESTIFYING REGARDING SUBJECT MATTER THE COURT HAS ALREADY EXCLU #1808 , sealed response, #1844 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPOR OF ITS MOTION IN LIMINE TO PRECLUDE NICHOLAS GODICI AND BERNARD DONEFER FROM TESTIFYING REGARDING SUBJECT MATTER THE COURT HAS ALREADY EXCLUDED (Attachments: #1 Exhibit 5)(Kurcz, Jennifer)
April 8, 2021 Opinion or Order Filing 1913 REPLY by Trading Technologies International, Inc. to response in opposition to motion, #1838 , MOTION by Plaintiff Trading Technologies International, Inc.in limine TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE ANY EVIDENCE OR ARGUMENT INDICATING THAT THE PATENTS-IN-SUIT ARE EXPIRED #1810 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION IN LIMINE TO PRECLUDE ANY EVIDENCE OR ARGUMENT INDICATING THAT THE PATENTS-IN-SUIT ARE EXPIRED (Attachments: #1 Exhibit 1)(Kurcz, Jennifer)
April 8, 2021 Opinion or Order Filing 1912 SEALED REPLY by IBG LLC, Interactive Brokers LLC to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 3 TO PRECLUDE USE OF THIRD PARTY HEARSAY AS EVIDENCE #1796 (Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1911 REPLY by Trading Technologies International, Inc. to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE ARGUMENTS AND TESTIMONY THAT CONDRADICT THIS COURT'S CLAIM CONSTRUCTIONS #1812 , response in opposition to motion, #1839 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION IN LIMINE TO PRECLUDE ARGUMENTS AND TESTIMONY THAT CONDRADICT THIS COURT'S CLAIM CONSTRUCTIONS (Kurcz, Jennifer)
April 8, 2021 Opinion or Order Filing 1910 SEALED REPLY by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 2 TO PRECLUDE USE OF PRIOR AGREEMENTS, EXCEPT FOR SPECIFIC RELEVANT PARTS #1814 (Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1909 MOTION by Plaintiff Trading Technologies International, Inc. to seal Dkt. #1904, 1905, 1907, 1908 (Kurcz, Jennifer)
April 8, 2021 Opinion or Order Filing 1908 SEALED REPLY by Trading Technologies International, Inc. to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TT'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING ANY TESTIMONY AND/OR EVIDENCE AT TRIAL CONCERNING "TRADEPAD" OR MIDAS KAPITI MARKET TRADER #1820 , response in opposition to motion, #1853 TT'S REPLY IN SUPPORT OF ITS MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING ANY TESTIMONY AND/OR EVIDENCE AT TRIAL CONCERNING "TRADEPAD" OR "MIDAS KAPITI MARKET TRADER" (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kurcz, Jennifer)
April 8, 2021 Opinion or Order Filing 1907 SEALED REPLY by Trading Technologies International, Inc. to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING EVIDENCE RELATING TO IB'S ALLEGED SIMULTANEOUS/PRIOR INVENTION OR IB'S OWN #1811 , sealed response, #1852 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING EVIDENCE RELATING TO IB'S ALLEGED SIMULTANEOUS/PRIOR INVENTION OR IB'S OWN PATENTS (Attachments: #1 Exhibit 1)(Kurcz, Jennifer)
April 8, 2021 Opinion or Order Filing 1906 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1905 SEALED REPLY by Trading Technologies International, Inc. to sealed response, #1842 , SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE IB AND ITS WITNESSES FROM CONTRADICTING PRIOR JUDICIAL ADMISSIONS #1823 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION IN LIMINE TO PRECLUDE IB AND ITS WITNESSES FROM CONTRADICTING PRIOR JUDICIAL ADMISSIONS (Attachments: #1 Exhibit A, #2 Exhibit B)(Kurcz, Jennifer)
April 8, 2021 Opinion or Order Filing 1904 SEALED REPLY by Trading Technologies International, Inc. to MOTION by Plaintiff Trading Technologies International, Inc.in limine TT'S MOTION IN LIMINE TO EXCLUDE ANY REFERENCE DURING TRIAL TO THE CBM PROCEEDINGS FOR (1) THE PATENTS-IN-SUIT AND (2) TT PATENTS NOT ASSERTED IN THIS CASESEALED MOTION by Plaintiff Trading Technologies International, Inc. #1349 , sealed response, #1843 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION IN LIMINE TO EXCLUDE ANY REFERENCE DURING TRIAL TO THE CBM PROCEEDINGS FOR (1) THE PATENTS-IN-SUIT AND (2) TT PATENTS NOT ASSERTED IN THIS CASE (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Kurcz, Jennifer)
April 8, 2021 Opinion or Order Filing 1903 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion in limine, #1807 Reply in Support of Motion in Limine NO. 17 TO PRECLUDE TT'S REFERENCE TO "SECOND SET OF EYES REVIEW" AND PRIOR USPTO REEXAMINATIONS AND EPO PROCEEDINGS REGARDING THE '132 AND '304 PATENTS (Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1902 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion in limine #1805 Reply in Support of Motion in Limine No. 16 to Preclude Use of Negative Character Evidence (Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1901 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion in limine #1803 Reply in Support of Motion in Limine NO. 12 TO PRECLUDE USE OF EVIDENCE REGARDING THIRD-PARTY'S FABRICATION OF WIT CAPITAL SOFTWARE (Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1900 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion in limine #1801 Reply in Support of Motion in Limine No. 10 to Preclude Argument That Booktrader Non-Infringing Alternatives Are a "Legal Fiction," "Sham," or the Like (Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1899 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion in limine #1800 Reply in Support of Motion in Limine No. 9 to Preclude Any Reference to Opinion of Counsel (Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1898 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion in limine #1799 Reply in Support of Motion in Limine No. 7 to Preclude Speculation Regarding Examiner's Personal Understandings and Mental Processes (Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1897 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion in limine #1798 Reply in Support of Motion in Limine No. 6 to Preclude Use of Evidence Only Relevant to Inequitable Conduct (Mandell, Steven)
April 8, 2021 Opinion or Order Filing 1896 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF BRETT REED #1666 (Redacted version of [Dkt. 1766]) (Mandell, Steven)
March 31, 2021 Opinion or Order Filing 1895 MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 13 TO PRECLUDE USE OF PURPORTED CONVERSATION BETWEEN CHRISTOPHER THOMAS AND ANDREY MOKHOROV NOT DISCLOSED IN EXPERT REPORTS (Redacted Version of [Dkt. 1817]) (Mandell, Steven)
March 29, 2021 Opinion or Order Filing 1894 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion for leave to file under seal #1882 is granted. Defendant's Agreed Motion to set a briefing schedule #1890 regarding Motion to Bifurcate #1883 is granted. Responses due by 4/20/2021; Replies due by 5/11/2021. Mailed notice (lk, )
March 26, 2021 Opinion or Order Filing 1893 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE IB AND ITS WITNESSES FROM CONTRADICTING PRIOR JUDICIAL ADMISSIONS #1823 (Redacted Version of [Dkt. 1842]) (Mandell, Steven)
March 26, 2021 Opinion or Order Filing 1892 MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 15 TO PRECLUDE USE OF "SUMMARIES" OF IBG DATA CREATED BY AN UNKNOWN AUTHOR (Redacted Version of [Dkt. 1818]) (Mandell, Steven)
March 26, 2021 Opinion or Order Filing 1891 MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 2 TO PRECLUDE USE OF PRIOR AGREEMENTS, EXCEPT FOR SPECIFIC RELEVANT PARTS (Redacted Version of [Dkt. 1814]) (Mandell, Steven)
March 25, 2021 Opinion or Order Filing 1890 MOTION by Defendants IBG LLC, Interactive Brokers LLC AGREED MOTION TO SET BRIEFING SCHEDULE ON MOTION FOR BIFURCATION (Mandell, Steven)
March 23, 2021 Opinion or Order Filing 1889 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING TESTIMONY OF JENS SCHLUETTER #1806 (Redacted Version of [Dkt. 1845]) (Mandell, Steven)
March 23, 2021 Opinion or Order Filing 1888 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE NICHOLAS GODICI AND BERNARD DONEFER FROM TESTIFYING REGARDING SUBJECT MATTER THE COURT HAS ALREADY EXCLU #1808 (Redacted Version of [Dkt. 1844]) (Mandell, Steven)
March 23, 2021 Opinion or Order Filing 1887 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to MOTION by Plaintiff Trading Technologies International, Inc.in limine TT'S MOTION IN LIMINE TO EXCLUDE ANY REFERENCE DURING TRIAL TO THE CBM PROCEEDINGS FOR (1) THE PATENTS-IN-SUIT AND (2) TT PATENTS NOT ASSERTED IN THIS CASESEALED MOTION by Plaintiff Trading Technologies International, Inc. #1349 (Redacted Version of [Dkt. 1843]) (Mandell, Steven)
March 23, 2021 Opinion or Order Filing 1886 MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine No. 18 to Preclude Use of Prior Deposition or Trial Testimony of Witnesses Not Deposed in This Case (Redacted Version of [Dkt. 1819]) (Mandell, Steven)
March 23, 2021 Opinion or Order Filing 1885 MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine No. 8 to Preclude TT's Use of IBG's Privilege Log (Redacted Version of [Dkt. 1816]) (Mandell, Steven)
March 23, 2021 Opinion or Order Filing 1884 MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine No. 4 to Preclude Evidence of Alleged Third-Party Copying (Redacted Version of [Dkt. 1815]) (Mandell, Steven)
March 23, 2021 Opinion or Order Filing 1883 MOTION by Plaintiff Trading Technologies International, Inc. to bifurcate TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR BIFURCATION [Public Version Dkt. 1881] (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Kurcz, Jennifer)
March 23, 2021 Opinion or Order Filing 1882 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR BIFURCATION (Kurcz, Jennifer)
March 23, 2021 Opinion or Order Filing 1881 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR BIFURCATION (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Kurcz, Jennifer)
March 22, 2021 Opinion or Order Filing 1880 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motions to Seal #1824 and #1857 are granted. Defendant's Motion to Seal #1841 is granted. Mailed notice (lk, )
March 22, 2021 Opinion or Order Filing 1879 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 5 TO PRECLUDE EVIDENCE OF ALLEGED COPYING UNRELATED TO PATENTED FEATURES #1797 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IBG LLC'S AND INTERACTIVE BROKERS LLC'S MOTION IN LIMINE NO. 5 TO PRECLUDE EVIDENCE OF ALLEGED COPYING UNRELATED TO PATENTED FEATURES [Redacted Version Dkt. 1831] (Attachments: #1 Exhibit List)(Kurcz, Jennifer)
March 22, 2021 Opinion or Order Filing 1878 RESPONSE by Trading Technologies International, Inc.in Opposition to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 4 TO PRECLUDE EVIDENCE OF ALLEGED THIRD-PARTY COPYING #1815 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IBG LLC'S AND INTERACTIVE BROKERS LLC'S MOTION IN LIMINE NO. 4 TO PRECLUDE USE OF EVIDENCE OF ALLEGED THIRD-PARTY COPYING [Redacted Version Dkt. 1829] (Attachments: #1 Exhibit List)(Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1877 RESPONSE by Trading Technologies International, Inc.in Opposition to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 18 TO PRECLUDE USE OF PRIOR DEPOSITION OR TRIAL TESTIMONY OF WITNESSES NOT DEPOSED IN THIS CASE #1819 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS' MOTION IN LIMINE NO. 18 TO PRECLUDE USE OF PRIOR DEPOSITION OR TRIAL TESTIMONY OF WITNESSES NOT DEPOSED IN THIS CASE [Redacted Version Dkt. 1856] (Attachments: #1 Exhibit List, #2 Exhibit F, #3 Exhibit G, #4 Exhibit L, #5 Exhibit M, #6 Exhibit N, #7 Exhibit O, #8 Exhibit S, #9 Exhibit T)(Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1876 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 10 TO PRECLUDE ARGUMENT THAT BOOKTRADER NONINFRINGING ALTERNATIVES ARE A "LEGAL FICTION," "SHAM," OR THE LIKE #1801 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IB'S MOTION IN LIMINE NO. 10 TO PRECLUDE ARGUMENT THAT BOOKTRADER NON-INFRINGING ALTERNATIVES ARE A "LEGAL FICTION," "SHAM," OR THE LIKE [Redacted Version Dkt. 1836] (Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1875 RESPONSE by Trading Technologies International, Inc.in Opposition to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 13 TO PRECLUDE USE OF PURPORTED CONVERSATION BETWEEN CHRISTOPHER THOMAS AND ANDREY MOKHOROV NOT DISCLOSED IN EXPERT REPORTS #1817 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S MOTION IN LIMINE NO. 13 TO PRECLUDE USE OF CONVERSATION BETWEEN CHRISTOPHER THOMAS AND ANDREY MOKHOROV (DKT. NO. 1817) [Redacted Version Dkt. 1848] (Attachments: #1 Exhibit List)(Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1874 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 11 TO PRECLUDE USE OF AND IMPROPER SUGGESTIONS REGARDING EMAILS BETWEEN LITIGATION COUNSEL AND KONSTANTINE SMAGUINE #1802 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S MOTION IN LIMINE NO. 11 TO PRECLUDE USE OF AND IMPROPER SUGGESTIONS REGARDING EMAILS BETWEEN LITIGATION COUNSEL AND KONSTATINE SMAGUINE [Redacted Version of Dkt. 1837] (Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1873 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 17 TO PRECLUDE TT'S REFERENCE TO "SECOND SET OF EYES REVIEW" AND PRIOR USPTO REEXAMINATIONS AND EPO PROCEEDINGS REGARDING THE '132 AND '304 PATENTS #1807 TT'S OPPOSITION TO IB'S MOTION IN LIMINE NO. 17 [Redacted Version of Dkt. 1855] (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B)(Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1872 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 7 TO PRECLUDE SPECULATION REGARDING EXAMINER'S PERSONAL UNDERSTANDINGS AND MENTAL PROCESSES #1799 TT'S OPPOSITION TO IB'S MOTION IN LIMINE NO. 7 [Redacted Version of Dkt. 1833] (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1871 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 3 TO PRECLUDE USE OF THIRD PARTY HEARSAY AS EVIDENCE #1796 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS' MOTION IN LIMINE NO. 3 TO PRECLUDE USE OF THIRD-PARTY HEARSAY AS EVIDENCE [Redacted Version of Dkt. 1830] (Attachments: #1 Exhibit List, #2 Exhibit I (1 of 3), #3 Exhibit I (2 of 3), #4 Exhibit I (3 of 3))(Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1870 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 9 TO PRECLUDE ANY REFERENCE TO OPINION OF COUNSEL #1800 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS' MOTION IN LIMINE NO. 9 TO PRECLUDE ANY REFERENCE TO OPINION OF COUNSEL [Redacted Version of Dkt. 1835] (Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1869 RESPONSE by Trading Technologies International, Inc.in Opposition to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 8 TO PRECLUDE TT'S USE OF IBG'S PRIVILEGE LOG #1816 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS' MOTION IN LIMINE NO. 8 TO PRECLUDE USE OF IBG'S PRIVILEGE LOG [Redacted Version of Dkt. 1834] (Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1868 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine No. 16 to Preclude Use of Negative Character Evidence #1805 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS' MOTION IN LIMINE NO. 16 TO PRECLUDE USE OF NEGATIVE CHARACTER EVIDENCE [Redacted Version of Dkt. 1854] (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit D, #5 Exhibit E, #6 Exhibit G, #7 Exhibit H)(Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1867 RESPONSE by Trading Technologies International, Inc.in Opposition to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC Motion in Limine No. 15 to Preclude Use of "Summaries" of IBG Data Created by an Unknown Author #1818 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IB'S MOTION IN LIMINE NO. 15 TO PRECLUDE USE OF "SUMMARIES" OF IBG DATA [Redacted Version Dkt. 1851] (Attachments: #1 Exhibit List)(Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1866 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 14 TO PRECLUDE USE OF ANY EXPERT TESTIMONY REGARDING COMMERCIAL SUCCESS #1804 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IBG LLC'S AND INTERACTIVE BROKERS LLC'S MOTION IN LIMINE NO. 14 TO PRECLUDE USE OF ANY EXPERT TESTIMONY REGARDING COMMERCIAL SUCCESS [Redacted Version of Dkt. 1850] (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1865 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 6 TO PRECLUDE USE OF EVIDENCE ONLY RELEVANT TO INEQUITABLE CONDUCT #1798 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IB'S MOTION IN LIMINE NO. 6 TO PRECLUDE USE OF EVIDENCE ONLY RELEVANT TO INEQUITABLE CONDUCT [Redacted Version of Dkt. 1832] (Attachments: #1 Exhibit List)(Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1864 RESPONSE by Trading Technologies International, Inc.in Opposition to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 2 TO PRECLUDE USE OF PRIOR AGREEMENTS, EXCEPT FOR SPECIFIC RELEVANT PARTS #1814 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IB'S MOTION IN LIMINE NO. 2 TO PRECLUDE USE OF PORTIONS OF PRIOR AGREEMENTS [Redacted Version of Dkt. 1828] (Attachments: #1 Exhibit List, #2 Exhibit G)(Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1863 MOTION by Plaintiff Trading Technologies International, Inc.in limine TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE IB AND ITS WITNESSES FROM CONTRADICTING PRIOR JUDICIAL ADMISSIONS [Redacted Version Dkt. 1823] (Attachments: #1 Exhibit List, #2 Exhibit 1)(Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1862 MOTION by Plaintiff Trading Technologies International, Inc.in limine TT'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING ANY TESTIMONY AND/OR EVIDENCE AT TRIAL CONCERNING "TRADEPAD" OR MIDAS KAPITI MARKET TRADER [Redacted Version Dkt. 1820] (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit D)(Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1861 MOTION by Plaintiff Trading Technologies International, Inc.in limine TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE ARGUMENTS AND TESTIMONY THAT CONDRADICT THIS COURT'S CLAIM CONSTRUCTIONS [Public Version Dkt. 1812] (Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1860 MOTION by Plaintiff Trading Technologies International, Inc.in limine TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING EVIDENCE RELATING TO IB'S ALLEGED SIMULTANEOUS/PRIOR INVENTION OR IB'S OWN PATENTS [Redacted Version Dkt. 1811] (Attachments: #1 Exhibit List)(Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1859 MOTION by Plaintiff Trading Technologies International, Inc.in limine TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE NICHOLAS GODICI AND BERNARD DONEFER FROM TESTIFYING REGARDING SUBJECT MATTER THE COURT HAS ALREADY EXCLUDED [Redacted Version Dkt. 1808] (Attachments: #1 Exhibit List, #2 Exhibit 3, #3 Exhibit 4)(Kurcz, Jennifer)
March 19, 2021 Opinion or Order Filing 1858 MOTION by Plaintiff Trading Technologies International, Inc.in limine TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING TESTIMONY OF JENS SCHLUETTER [Redacted Version of Dkt. 1806] (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kurcz, Jennifer)
March 18, 2021 Opinion or Order Filing 1857 MOTION by Plaintiff Trading Technologies International, Inc. to seal Dkt. 1828, 1829, 1830, 1831, 1832, 1833, 1834, 1835, 1836, 1837, 1848, 1850, 1851, 1854, 1855, 1856 (Kurcz, Jennifer)
March 18, 2021 Opinion or Order Filing 1856 SEALED RESPONSE by Trading Technologies International, Inc. to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 18 TO PRECLUDE USE OF PRIOR DEPOSITION OR TRIAL TESTIMONY OF WITNESSES NOT DEPOSED IN THIS CASE #1819 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS' MOTION IN LIMINE NO. 18 TO PRECLUDE USE OF PRIOR DEPOSITION OR TRIAL TESTIMONY OF WITNESSES NOT DEPOSED IN THIS CASE (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U (1 of 2), #23 Exhibit U (2 of 2), #24 Exhibit V)(Kurcz, Jennifer)
March 18, 2021 Opinion or Order Filing 1855 SEALED RESPONSE by Trading Technologies International, Inc. to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 17 TO PRECLUDE TT'S REFERENCE TO "SECOND SET OF EYES REVIEW" AND PRIOR USPTO REEXAMINATIONS AND EPO PROCEEDINGS REGARDING THE '132 AND '304 PATENTS #1807 TT'S OPPOSITION TO IB'S MOTION IN LIMINE NO. 17 (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Kurcz, Jennifer)
March 18, 2021 Opinion or Order Filing 1854 SEALED RESPONSE by Trading Technologies International, Inc. to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine No. 16 to Preclude Use of Negative Character Evidence #1805 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS' MOTION IN LIMINE NO. 16 TO PRECLUDE USE OF NEGATIVE CHARACTER EVIDENCE (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Kurcz, Jennifer)
March 18, 2021 Opinion or Order Filing 1853 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TT'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING ANY TESTIMONY AND/OR EVIDENCE AT TRIAL CONCERNING "TRADEPAD" OR MIDAS KAPITI MARKET TRADER #1820 (Mandell, Steven)
March 18, 2021 Opinion or Order Filing 1852 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING EVIDENCE RELATING TO IB'S ALLEGED SIMULTANEOUS/PRIOR INVENTION OR IB'S OWN #1811 (Mandell, Steven)
March 18, 2021 Opinion or Order Filing 1851 SEALED RESPONSE by Trading Technologies International, Inc. to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC Motion in Limine No. 15 to Preclude Use of "Summaries" of IBG Data Created by an Unknown Author #1818 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IB'S MOTION IN LIMINE NO. 15 TO PRECLUDE USE OF "SUMMARIES" OF IBG DATA (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q)(Kurcz, Jennifer)
March 18, 2021 Opinion or Order Filing 1850 SEALED RESPONSE by Trading Technologies International, Inc. to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 14 TO PRECLUDE USE OF ANY EXPERT TESTIMONY REGARDING COMMERCIAL SUCCESS #1804 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IBG LLC'S AND INTERACTIVE BROKERS LLC'S MOTION IN LIMINE NO. 14 TO PRECLUDE USE OF ANY EXPERT TESTIMONY REGARDING COMMERCIAL SUCCESS (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Kurcz, Jennifer)
March 18, 2021 Opinion or Order Filing 1849 SEALED EXHIBIT by Defendants IBG LLC, Interactive Brokers LLC Exhibits 88-91 and 96-99 to the Declaration of Christina E. Dashe in Support of IBG's Oppositions to Plaintiff's Motions in Limine regarding declaration, #1847 (Attachments: #1 Exhibit 89, #2 Exhibit 90, #3 Exhibit 91, #4 Exhibit 96, #5 Exhibit 97, #6 Exhibit 98, #7 Exhibit 99)(Mandell, Steven)
March 18, 2021 Opinion or Order Filing 1848 SEALED RESPONSE by Trading Technologies International, Inc. to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 13 TO PRECLUDE USE OF PURPORTED CONVERSATION BETWEEN CHRISTOPHER THOMAS AND ANDREY MOKHOROV NOT DISCLOSED IN EXPERT REPORTS #1817 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S MOTION IN LIMINE NO. 13 TO PRECLUDE USE OF CONVERSATION BETWEEN CHRISTOPHER THOMAS AND ANDREY MOKHOROV (DKT. NO. 1817) (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2)(Kurcz, Jennifer)
March 18, 2021 Opinion or Order Filing 1847 DECLARATION of Christina E. Dashe in Support of IBG's Oppositions to Plaintiff's Motions in Limine (Attachments: #1 Exhibit 85, #2 Exhibit 86, #3 Exhibit 87, #4 Exhibit 88-91 (Filed Under Seal), #5 Exhibit 92, #6 Exhibit 93, #7 Exhibit 94, #8 Exhibit 95, #9 Exhibit 96-99 (Filed Under Seal), #10 Exhibit 100)(Mandell, Steven)
March 18, 2021 Opinion or Order Filing 1846 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 12 TO PRECLUDE USE OF EVIDENCE REGARDING THIRD-PARTY'S FABRICATION OF WIT CAPITAL SOFTWARE #1803 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IBG LLC'S AND INTERACTIVE BROKERS LLC'S MOTION IN LIMINE NO. 12 TO PRECLUDE USE OF EVIDENCE REGARDING THIRD-PARTY'S FABRICATION OF WIT CAPITAL SOFTWARE (Attachments: #1 Exhibit 1)(Kurcz, Jennifer)
March 18, 2021 Opinion or Order Filing 1845 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING TESTIMONY OF JENS SCHLUETTER #1806 (Mandell, Steven)
March 18, 2021 Opinion or Order Filing 1844 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE NICHOLAS GODICI AND BERNARD DONEFER FROM TESTIFYING REGARDING SUBJECT MATTER THE COURT HAS ALREADY EXCLU #1808 (Mandell, Steven)
March 18, 2021 Opinion or Order Filing 1843 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to MOTION by Plaintiff Trading Technologies International, Inc.in limine TT'S MOTION IN LIMINE TO EXCLUDE ANY REFERENCE DURING TRIAL TO THE CBM PROCEEDINGS FOR (1) THE PATENTS-IN-SUIT AND (2) TT PATENTS NOT ASSERTED IN THIS CASESEALED MOTION by Plaintiff Trading Technologies International, Inc. #1349 (Mandell, Steven)
March 18, 2021 Opinion or Order Filing 1842 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE IB AND ITS WITNESSES FROM CONTRADICTING PRIOR JUDICIAL ADMISSIONS #1823 (Mandell, Steven)
March 18, 2021 Opinion or Order Filing 1841 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
March 18, 2021 Opinion or Order Filing 1840 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to MOTION by Plaintiff Trading Technologies International, Inc.in limine TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE REFERENCE TO UNASSERTED PATENTS #1809 (Mandell, Steven)
March 18, 2021 Opinion or Order Filing 1839 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE ARGUMENTS AND TESTIMONY THAT CONDRADICT THIS COURT'S CLAIM CONSTRUCTIONS #1812 (Mandell, Steven)
March 18, 2021 Opinion or Order Filing 1838 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to MOTION by Plaintiff Trading Technologies International, Inc.in limine TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE ANY EVIDENCE OR ARGUMENT INDICATING THAT THE PATENTS-IN-SUIT ARE EXPIRED #1810 (Mandell, Steven)
March 18, 2021 Opinion or Order Filing 1837 SEALED RESPONSE by Trading Technologies International, Inc. to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 11 TO PRECLUDE USE OF AND IMPROPER SUGGESTIONS REGARDING EMAILS BETWEEN LITIGATION COUNSEL AND KONSTANTINE SMAGUINE #1802 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S MOTION IN LIMINE NO. 11 TO PRECLUDE USE OF AND IMPROPER SUGGESTIONS REGARDING EMAILS BETWEEN LITIGATION COUNSEL AND KONSTATINE SMAGUINE (Kurcz, Jennifer)
March 18, 2021 Opinion or Order Filing 1836 SEALED RESPONSE by Trading Technologies International, Inc. to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 10 TO PRECLUDE ARGUMENT THAT BOOKTRADER NONINFRINGING ALTERNATIVES ARE A "LEGAL FICTION," "SHAM," OR THE LIKE #1801 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IB'S MOTION IN LIMINE NO. 10 TO PRECLUDE ARGUMENT THAT BOOKTRADER NON-INFRINGING ALTERNATIVES ARE A "LEGAL FICTION," "SHAM," OR THE LIKE (Attachments: #1 Exhibit A, #2 Exhibit B)(Kurcz, Jennifer)
March 18, 2021 Opinion or Order Filing 1835 SEALED RESPONSE by Trading Technologies International, Inc. to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 9 TO PRECLUDE ANY REFERENCE TO OPINION OF COUNSEL #1800 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS' MOTION IN LIMINE NO. 9 TO PRECLUDE ANY REFERENCE TO OPINION OF COUNSEL (Attachments: #1 Exhibit A)(Kurcz, Jennifer)
March 18, 2021 Opinion or Order Filing 1834 SEALED RESPONSE by Trading Technologies International, Inc. to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 8 TO PRECLUDE TT'S USE OF IBG'S PRIVILEGE LOG #1816 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS' MOTION IN LIMINE NO. 8 TO PRECLUDE USE OF IBG'S PRIVILEGE LOG (Attachments: #1 Exhibit A)(Kurcz, Jennifer)
March 18, 2021 Opinion or Order Filing 1833 SEALED RESPONSE by Trading Technologies International, Inc. to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 7 TO PRECLUDE SPECULATION REGARDING EXAMINER'S PERSONAL UNDERSTANDINGS AND MENTAL PROCESSES #1799 TT'S OPPOSITION TO IB'S MOTION IN LIMINE NO. 7 Defendants (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Kurcz, Jennifer)
March 18, 2021 Opinion or Order Filing 1832 SEALED RESPONSE by Trading Technologies International, Inc. to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 6 TO PRECLUDE USE OF EVIDENCE ONLY RELEVANT TO INEQUITABLE CONDUCT #1798 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IB'S MOTION IN LIMINE NO. 6 TO PRECLUDE USE OF EVIDENCE ONLY RELEVANT TO INEQUITABLE CONDUCT (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Kurcz, Jennifer)
March 18, 2021 Opinion or Order Filing 1831 SEALED RESPONSE by Trading Technologies International, Inc. to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 5 TO PRECLUDE EVIDENCE OF ALLEGED COPYING UNRELATED TO PATENTED FEATURES #1797 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IBG LLC'S AND INTERACTIVE BROKERS LLC'S MOTION IN LIMINE NO. 5 TO PRECLUDE EVIDENCE OF ALLEGED COPYING UNRELATED TO PATENTED FEATURES (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Kurcz, Jennifer)
March 18, 2021 Opinion or Order Filing 1830 SEALED RESPONSE by Trading Technologies International, Inc. to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 3 TO PRECLUDE USE OF THIRD PARTY HEARSAY AS EVIDENCE #1796 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS' MOTION IN LIMINE NO. 3 TO PRECLUDE USE OF THIRD-PARTY HEARSAY AS EVIDENCE (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I (1 of 3), #11 Exhibit I (2 of 3), #12 Exhibit I (3 of 3), #13 Exhibit J, #14 Exhibit K)(Kurcz, Jennifer)
March 18, 2021 Opinion or Order Filing 1829 SEALED RESPONSE by Trading Technologies International, Inc. to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 4 TO PRECLUDE EVIDENCE OF ALLEGED THIRD-PARTY COPYING #1815 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IBG LLC'S AND INTERACTIVE BROKERS LLC'S MOTION IN LIMINE NO. 4 TO PRECLUDE USE OF EVIDENCE OF ALLEGED THIRD-PARTY COPYING (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Kurcz, Jennifer)
March 18, 2021 Opinion or Order Filing 1828 SEALED RESPONSE by Trading Technologies International, Inc. to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 2 TO PRECLUDE USE OF PRIOR AGREEMENTS, EXCEPT FOR SPECIFIC RELEVANT PARTS #1814 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IB'S MOTION IN LIMINE NO. 2 TO PRECLUDE USE OF PORTIONS OF PRIOR AGREEMENTS (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Kurcz, Jennifer)
March 18, 2021 Opinion or Order Filing 1827 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 1 TO PRECLUDE TT'S USE OF JURY VERDICTS AND JUDGMENTS FROM PRIOR ESPEED AND CQG CASES #1795 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IB'S MOTION IN LIMINE NO. 1 TO PRECLUDE TT'S USE OF JURY VERDICTS AND JUDGMENTS FROM PRIOR ESPEED AND CQG CASES (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kurcz, Jennifer)
March 3, 2021 Opinion or Order Filing 1826 RESPONSE by Plaintiff Trading Technologies International, Inc. to other, #1825 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO IBG LLC AND INTERACTIVE BROKERS LLC'S NOTICE OF SUPPLEMENTAL AUTHORITY (DKT. NO. 1825) REGARDING 101 SUMMARY JUDGMENT MOTIONS (Kurcz, Jennifer)
March 2, 2021 Opinion or Order Filing 1825 NOTICE OF SUPPLEMENTAL AUTHORITY RELATING TO THE PARTIES' MOTIONS FOR SUMMARY JUDGMENT REGARDING PATENTABILITY UNDER 35 U.S.C. 101 by IBG LLC, Interactive Brokers LLC (Attachments: #1 Exhibit A to NOTICE OF SUPPLEMENTAL AUTHORITY RELATING TO THE PARTIES' MSJ)(Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1824 MOTION by Plaintiff Trading Technologies International, Inc. to seal Motions in Limine Dkt. #'s 1806, 1808, 1811, 1812, 1820, 1823 (Kurcz, Jennifer)
February 25, 2021 Opinion or Order Filing 1823 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE IB AND ITS WITNESSES FROM CONTRADICTING PRIOR JUDICIAL ADMISSIONS (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Kurcz, Jennifer)
February 25, 2021 Opinion or Order Filing 1822 SEALED DOCUMENT by Defendants IBG LLC, Interactive Brokers LLC Exhibits 36-84 to the Declaration of Christina E. Dashe in Support of Motions in Limine (Attachments: #1 Exhibit 37, #2 Exhibit 38, #3 Exhibit 39, #4 Exhibit 40, #5 Exhibit 41, #6 Exhibit 42, #7 Exhibit 43, #8 Exhibit 44, #9 Exhibit 45, #10 Exhibit 46, #11 Exhibit 47, #12 Exhibit 48, #13 Exhibit 49, #14 Exhibit 50, #15 Exhibit 51, #16 Exhibit 52, #17 Exhibit 53, #18 Exhibit 54, #19 Exhibit 55, #20 Exhibit 56, #21 Exhibit 57, #22 Exhibit 58, #23 Exhibit 59, #24 Exhibit 60, #25 Exhibit 61, #26 Exhibit 62, #27 Exhibit 63, #28 Exhibit 64, #29 Exhibit 65, #30 Exhibit 66, #31 Exhibit 67, #32 Exhibit 68, #33 Exhibit 69, #34 Exhibit 70, #35 Exhibit 71, #36 Exhibit 72, #37 Exhibit 73, #38 Exhibit 74, #39 Exhibit 75, #40 Exhibit 76, #41 Exhibit 77, #42 Exhibit 78, #43 Exhibit 79, #44 Exhibit 80, #45 Exhibit 81, #46 Exhibit 82, #47 Exhibit 83, #48 Exhibit 84)(Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1821 SEALED DOCUMENT by Defendants IBG LLC, Interactive Brokers LLC DECLARATION OF CHRISTINA E. DASHE IN SUPPORT OF DEFENDANTS' MOTIONS IN LIMINE (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35)(Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1820 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TT'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING ANY TESTIMONY AND/OR EVIDENCE AT TRIAL CONCERNING "TRADEPAD" OR MIDAS KAPITI MARKET TRADER (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Kurcz, Jennifer)
February 25, 2021 Opinion or Order Filing 1819 SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 18 TO PRECLUDE USE OF PRIOR DEPOSITION OR TRIAL TESTIMONY OF WITNESSES NOT DEPOSED IN THIS CASE (Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1818 SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC Motion in Limine No. 15 to Preclude Use of "Summaries" of IBG Data Created by an Unknown Author (Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1817 SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 13 TO PRECLUDE USE OF PURPORTED CONVERSATION BETWEEN CHRISTOPHER THOMAS AND ANDREY MOKHOROV NOT DISCLOSED IN EXPERT REPORTS (Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1816 SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 8 TO PRECLUDE TT'S USE OF IBG'S PRIVILEGE LOG (Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1815 SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 4 TO PRECLUDE EVIDENCE OF ALLEGED THIRD-PARTY COPYING (Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1814 SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC MOTION IN LIMINE NO. 2 TO PRECLUDE USE OF PRIOR AGREEMENTS, EXCEPT FOR SPECIFIC RELEVANT PARTS (Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1813 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1812 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE ARGUMENTS AND TESTIMONY THAT CONDRADICT THIS COURT'S CLAIM CONSTRUCTIONS (Attachments: #1 Exhibit 1)(Kurcz, Jennifer)
February 25, 2021 Opinion or Order Filing 1811 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING EVIDENCE RELATING TO IB'S ALLEGED SIMULTANEOUS/PRIOR INVENTION OR IB'S OWN PATENTS (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Kurcz, Jennifer)
February 25, 2021 Opinion or Order Filing 1810 MOTION by Plaintiff Trading Technologies International, Inc.in limine TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE ANY EVIDENCE OR ARGUMENT INDICATING THAT THE PATENTS-IN-SUIT ARE EXPIRED (Attachments: #1 Exhibit 1)(Kurcz, Jennifer)
February 25, 2021 Opinion or Order Filing 1809 MOTION by Plaintiff Trading Technologies International, Inc.in limine TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE REFERENCE TO UNASSERTED PATENTS (Attachments: #1 Exhibit 1)(Kurcz, Jennifer)
February 25, 2021 Opinion or Order Filing 1808 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE NICHOLAS GODICI AND BERNARD DONEFER FROM TESTIFYING REGARDING SUBJECT MATTER THE COURT HAS ALREADY EXCLUDED (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Kurcz, Jennifer)
February 25, 2021 Opinion or Order Filing 1807 MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 17 TO PRECLUDE TT'S REFERENCE TO "SECOND SET OF EYES REVIEW" AND PRIOR USPTO REEXAMINATIONS AND EPO PROCEEDINGS REGARDING THE '132 AND '304 PATENTS (Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1806 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION IN LIMINE TO PRECLUDE IB FROM INTRODUCING TESTIMONY OF JENS SCHLUETTER (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Kurcz, Jennifer)
February 25, 2021 Opinion or Order Filing 1805 MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine No. 16 to Preclude Use of Negative Character Evidence (Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1804 MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 14 TO PRECLUDE USE OF ANY EXPERT TESTIMONY REGARDING COMMERCIAL SUCCESS (Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1803 MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 12 TO PRECLUDE USE OF EVIDENCE REGARDING THIRD-PARTY'S FABRICATION OF WIT CAPITAL SOFTWARE (Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1802 MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 11 TO PRECLUDE USE OF AND IMPROPER SUGGESTIONS REGARDING EMAILS BETWEEN LITIGATION COUNSEL AND KONSTANTINE SMAGUINE (Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1801 MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 10 TO PRECLUDE ARGUMENT THAT BOOKTRADER NONINFRINGING ALTERNATIVES ARE A "LEGAL FICTION," "SHAM," OR THE LIKE (Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1800 MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 9 TO PRECLUDE ANY REFERENCE TO OPINION OF COUNSEL (Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1799 MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 7 TO PRECLUDE SPECULATION REGARDING EXAMINER'S PERSONAL UNDERSTANDINGS AND MENTAL PROCESSES (Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1798 MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 6 TO PRECLUDE USE OF EVIDENCE ONLY RELEVANT TO INEQUITABLE CONDUCT (Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1797 MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 5 TO PRECLUDE EVIDENCE OF ALLEGED COPYING UNRELATED TO PATENTED FEATURES (Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1796 MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 3 TO PRECLUDE USE OF THIRD PARTY HEARSAY AS EVIDENCE (Mandell, Steven)
February 25, 2021 Opinion or Order Filing 1795 MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 1 TO PRECLUDE TT'S USE OF JURY VERDICTS AND JUDGMENTS FROM PRIOR ESPEED AND CQG CASES (Mandell, Steven)
February 5, 2021 Opinion or Order Filing 1794 REPLY by Defendants IBG LLC, Interactive Brokers LLC to Sealed motion #1664 REPLY IN SUPPORT OF MOTION TO EXCLUDE CERTAIN DAMAGES OPINIONS OF CHRISTOPHER THOMAS (Redacted version of [Dkt. 1760]) (Mandell, Steven)
January 27, 2021 Opinion or Order Filing 1793 TRANSCRIPT OF PROCEEDINGS held on 9-16-2021 before the Honorable M. David Weisman. Order Number: 39982. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com.

< Redaction Request due 2/17/2021. Redacted Transcript Deadline set for 3/1/2021. Release of Transcript Restriction set for 4/27/2021. (Spee, Amy)
January 26, 2021 Opinion or Order Filing 1792 ORDER: For the aforementioned reasons, IBG shall amend privilege log entry nos. 14 and 1513. IBG shall produce entry nos. 1788, 1789, and 5505 in unredacted form. Status hearing set for 1/28/21 is stricken. All matters relating to the referral of this case having been resolved, this matter is returned to the District Judge. Referral terminated. (For further details see order.) Signed by the Honorable M. David Weisman on 1/26/2021. Mailed notice (ao,)
January 26, 2021 Opinion or Order Filing 1791 TRANSCRIPT OF PROCEEDINGS held on 01/21/2021 before the Honorable Virginia M. Kendall. Order Number: 39981. Court Reporter Contact Information: Gayle A. McGuigan, CSR, RMR, CRR, (312) 435-6047, Gayle_McGuigan@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/16/2021. Redacted Transcript Deadline set for 2/26/2021. Release of Transcript Restriction set for 4/26/2021. (McGuigan, Gale)
January 25, 2021 Opinion or Order Filing 1790 MINUTE entry before the Honorable Virginia M. Kendall. The Court grants Parties' Joint Motion to amend case schedule #1788 and adopts schedule as outlined. Jury Trial (3 weeks) is reset to begin 8/2/2021 at 9:15 AM. Motions in limine shall be filed by 2/25/2021; responses due by 3/18/2021; replies due by 4/8/2021. Final Pretrial Order due 5/27/2021. Final Pretrial Conference set for 7/14/2021 at 10:30 AM. Mailed notice(lk, )
January 22, 2021 Opinion or Order Filing 1788 MOTION by Defendants IBG LLC, Interactive Brokers LLC Joint Motion to Amend Case Schedule (Mandell, Steven)
January 22, 2021 Opinion or Order Filing 1787 ORDER: TT's second motion to compel #1692 and #1695 is granted in part and denied in part; the Court will conduct an in camera review of only the documents identified in the district court's previous order, (dkt. 1424); written order regarding the in camera review documents to follow; the Court denies TT's request as it relates to the Goldman Sachs email as untimely. IBG's cross motion to compel regarding TT's privilege log #1722 and #1730 is denied as untimely. TT's motion to reconsider the court's December 10 minute order #1734 is denied as moot. TT's motion for leave to file sur-reply to IBG's "cross motion" to compel regarding its privilege log #1778 is denied as moot. TT's motion to file under seal #1779 is denied as moot. TT's motion for leave to file under seal #1783 is granted. (For further details see order.) Signed by the Honorable M. David Weisman on 1/22/2021. Mailed notice (ao,)
January 22, 2021 Opinion or Order Filing 1786 MINUTE entry before the Honorable M. David Weisman: On the Court's own motion, the motion hearings set for 1/22/21 are stricken and reset to 1/28/21 at 10:00 a.m. Parties shall dial in using the Court's conference call- in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Please note that the Court's conference call-in will be used by all cases that are on the Court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called by the Court. Once the Court has heard your case you shall disconnect from the conference line. Mailed notice (ao,)
January 21, 2021 Opinion or Order Filing 1789 MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Status hearing held on 1/21/2021. Parties are to submit a proposed schedule regarding Jury Trial on or before 1/25/2021. Mailed notice (lk, )
January 12, 2021 Opinion or Order Filing 1785 MINUTE entry before the Honorable Virginia M. Kendall. By request of Parties, Teleconference Status hearing set for 1/21/2021 at 10:00 AM. Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, ENTER YOUR NAME, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and NAME. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to SAY YOUR NAME EACH AND EVERY TIME BEFORE YOU SPEAK. The Court is also asking that speaker phone not be used. Please consider the sound quality when utilizing certain devices. If Parties have issues being heard or hearing, please log off and either call in or log back in. Mailed notice (lk, )
January 12, 2021 Opinion or Order Filing 1784 MINUTE entry before the Honorable M. David Weisman: Motion hearing set for 1/13/21 is stricken. The Court will address all issues currently before this Court on 1/22/21 at 10:00 a.m. Mailed notice (ao,)
January 8, 2021 Opinion or Order Filing 1783 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS SECOND MOTION TO COMPEL IB TO SUPPLEMENT ITS PRIVILEGE LOGS AND PRODUCE NON-PRIVILEGED DOCUMENTS (Kurcz, Jennifer)
January 8, 2021 Opinion or Order Filing 1782 SEALED REPLY by Trading Technologies International, Inc. to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC FOR LEAVE TO FILE EXPLANATORY BRIEF IN RESPONSE TO TT'S SECOND MOTION TO COMPEL RE IBG'S PRIVILEGE LOG #1740 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS SECOND MOTION TO COMPEL IB TO SUPPLEMENT ITS PRIVILEGE LOGS AND PRODUCE NON-PRIVILEGED DOCUMENTS (Kurcz, Jennifer)
January 8, 2021 Opinion or Order Filing 1781 MINUTE entry before the Honorable Virginia M. Kendall. Before the Court is IBG's Motion for Reconsideration of the Court's Order Granting TT Leave to Supplement Christopher Thomas's Expert Report (Dkt. #1658 ). After the Court granted IBG's Motion to Strike Christopher Thomas's Expert Declaration on the grounds that TT had not sought prior leave to file the declaration (Dkt. #1644 ), TT moved for such leave (Dkt. #1655 ), which the Court granted the following day (Dkt. #1657 ). IBG now moves for reconsideration of that Order on the grounds that TT's request does not constitute a request for "prior leave" as required by Local Patent Rule 5.3. "Motions for reconsideration serve a limited function: to correct manifest errors of law or fact or to present newly discovered evidence." Caisse Nationale de Credit Agricole v. CBI Indus., 90 F.3d 1264, 1269 (7th Cir. 1996) (quotations omitted). The party seeking the Court's reconsideration must give the Court "a reason for changing its mind." Ahmed v. Ashcroft, 388 F.3d 247, 249 (7th Cir. 2004). A highly discretionary decision to allow supplementation of an expert report is by its very nature not a manifest error of law or fact. It is not the sort of decision that should be challenged using a motion to reconsider. Filing such a motion wastes judicial resources. Thus, to the extent the instant Motion seeks reconsideration, the Motion #1658 is denied. In the interest of getting to the merits of the case, however, the Court will allow IBG to file a responsive supplement by Mr. Donefer. The supplement is not to exceed the length of Mr. Thomas's supplement: 4 pages. Mailed notice (lk, )
January 7, 2021 Opinion or Order Filing 1780 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 1/11/2021 is stricken. Mailed notice (lk, )
January 6, 2021 Opinion or Order Filing 1779 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR LEAVE TO FILE SUR-REPLY TO IBG'S "CROSS MOTION" TO COMPEL REGARDING TT'S PRIVILEGE LOG (Kurcz, Jennifer)
January 6, 2021 Opinion or Order Filing 1778 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR LEAVE TO FILE SUR-REPLY TO IBG'S "CROSS MOTION" TO COMPEL REGARDING TT'S PRIVILEGE LOG (Attachments: #1 Exhibit A)(Kurcz, Jennifer)
January 5, 2021 Opinion or Order Filing 1777 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S SUR-REPLY IN OPPOSITION TO IB'S MOTION TO EXCLUDE TESTIMONY OF CATHARINE LAWTON (Kurcz, Jennifer)
January 5, 2021 Opinion or Order Filing 1776 SEALED REPLY by Trading Technologies International, Inc. to reply #1761 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S SUR-REPLY IN OPPOSITION TO IB'S MOTION TO EXCLUDE TESTIMONY OF CATHARINE LAWTON (Kurcz, Jennifer)
January 5, 2021 Opinion or Order Filing 1775 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion for leave to file a sur-reply regarding IBG's Motion to Exclude Catherine Lawton's Testimony #1769 is granted. Plaintiff's Motions to seal #1756 , #1759 , #1770 and Defendant's Motions to seal #1757 , #1769 and #1772 are granted. Mailed notice (lk, )
January 4, 2021 Opinion or Order Filing 1774 MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 1/4/2021. TT's Motion for Summary Judgment of No Patent Misuse #1377 is granted. See Opinion for further details. Mailed notice(lk, )
December 29, 2020 Opinion or Order Filing 1773 SEALED REPLY by IBG LLC, Interactive Brokers LLC to reply, #1732 , SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC CROSS MOTION TO COMPEL REGARDING TT'S PRIVILEGE LOG #1722 IBG's Reply in Support of Its Cross-Motion to Compel Regarding Its Privilege Log (Attachments: #1 Declaration of Christina Dashe in Support of Reply, #2 Exhibit M, #3 Exhibit N)(Mandell, Steven)
December 29, 2020 Opinion or Order Filing 1772 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
December 29, 2020 Opinion or Order Filing 1771 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR LEAVE TO FILE SUR-REPLY IN OPPOSITION TO IB'S MOTION TO EXCLUDE TESTIMONY OF CATHARINE LAWTON #1769 (Mandell, Steven)
December 23, 2020 Opinion or Order Filing 1770 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR LEAVE TO FILE SUR-REPLY IN OPPOSITION TO IB'S MOTION TO EXCLUDE TESTIMONY OF CATHARINE LAWTON (Kurcz, Jennifer)
December 23, 2020 Opinion or Order Filing 1769 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR LEAVE TO FILE SUR-REPLY IN OPPOSITION TO IB'S MOTION TO EXCLUDE TESTIMONY OF CATHARINE LAWTON (Attachments: #1 Exhibit A)(Kurcz, Jennifer)
December 23, 2020 Opinion or Order Filing 1768 MINUTE entry before the Honorable M. David Weisman: The Court is still in the process of reviewing plaintiff's motion to reconsider this Court's 12/10/2020 order #1734 . Given this, and to allow the parties time to enjoy the holidays, this Court stays the order entered on 12/10/2020. (See dkt. #1731 .) Until further order of this Court, Plaintiff is not required to provide the Court with copies of the documents sought by defendant for in camera review, and plaintiff is not required to respond to defendant's motion to compel as it relates to the members of the List Serv. Mailed notice (ao,)
December 22, 2020 Opinion or Order Filing 1767 MINUTE entry before the Honorable M. David Weisman: Plaintiff's motion to seal #1752 is granted. Plaintiff's seal motion #1740 is granted. Plaintiff's reply to IBG's explanatory brief #1740 shall be filed by 1/8/2021. Mailed notice (ao,)
December 21, 2020 Opinion or Order Filing 1766 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF BRETT REED #1666 (Corrected Version of [Dkt. 1716]) (Mandell, Steven)
December 21, 2020 Opinion or Order Filing 1765 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF KONSTANTINE SMAGUINE #1659 (Corrected Version of [Dkt. 1715]) (Mandell, Steven)
December 21, 2020 Opinion or Order Filing 1764 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
December 18, 2020 Opinion or Order Filing 1763 SEALED DOCUMENT by Defendants IBG LLC, Interactive Brokers LLC Exhibits AAF-AAL to the Declaration of Christina E. Dashe in Support of IBG's Replies in Support of Their Damages Daubert Motions (Attachments: #1 Exhibit AAG (Part 1), #2 Exhibit AAG (Part 2), #3 Exhibit AAG (Part 3), #4 Exhibit AAG (Part 4), #5 Exhibit AAG (Part 5), #6 Exhibit AAG (Part 6), #7 Exhibit AAG (Part 7), #8 Exhibit AAG (Part 8), #9 Exhibit AAG (Part 9), #10 Exhibit AAH, #11 Exhibit AAI, #12 Exhibit AAJ, #13 Exhibit AAK, #14 Exhibit AAL)(Mandell, Steven)
December 18, 2020 Opinion or Order Filing 1762 DECLARATION of Christina E. Dashe regarding reply #1761 , reply #1760 Declaration of Christina E. Dashe in Support of IBG's Replies in Support of Their Damages Daubert Motions (Attachments: #1 Exhibit AAF-AAL (Filed Under Seal))(Mandell, Steven)
December 18, 2020 Opinion or Order Filing 1761 SEALED REPLY by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE DAMAGES OPINIONS OF CATHARINE M. LAWTON #1665 , sealed response,, #1723 (Mandell, Steven)
December 18, 2020 Opinion or Order Filing 1760 SEALED REPLY by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE CERTAIN DAMAGES OPINIONS OF CHRISTOPHER THOMAS #1664 , sealed response,, #1719 (Mandell, Steven)
December 18, 2020 Opinion or Order Filing 1759 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION TO EXCLUDE TESTIMONY OF BRETT REED (Kurcz, Jennifer)
December 18, 2020 Opinion or Order Filing 1758 SEALED REPLY by Trading Technologies International, Inc. to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF BRETT REED #1666 , sealed response, #1716 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION TO EXCLUDE TESTIMONY OF BRETT REED (Attachments: #1 Exhibit List, #2 Exhibit 20, #3 Exhibit 21, #4 Exhibit 22, #5 Exhibit 23, #6 Exhibit 24)(Kurcz, Jennifer)
December 18, 2020 Opinion or Order Filing 1757 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
December 18, 2020 Opinion or Order Filing 1756 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION TO EXCLUDE CERTAIN OPINIONS OF MR. BERNARD DONEFER ON IB'S ALLEGED NON-INFRINGING ALTERNATIVES (Kurcz, Jennifer)
December 18, 2020 Opinion or Order Filing 1755 SEALED REPLY by Trading Technologies International, Inc. to sealed response, #1714 , SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE CERTAIN OPINIONS OF MR. BERNARD DONEFER ON IB'S ALLEGED NON-INFRINGING ALTERNATIVES #1661 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION TO EXCLUDE CERTAIN OPINIONS OF MR. BERNARD DONEFER ON IB'S ALLEGED NON-INFRINGING ALTERNATIVES (Attachments: #1 Exhibit 1)(Kurcz, Jennifer)
December 18, 2020 Opinion or Order Filing 1754 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION TO EXCLUDE TESTIMONY OF KONSTANTINE SMAGUINE (Kurcz, Jennifer)
December 18, 2020 Opinion or Order Filing 1753 SEALED REPLY by Trading Technologies International, Inc. to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF KONSTANTINE SMAGUINE #1659 , sealed response, #1715 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS motion to exclude TESTIMONY of KONSTANTINE SMAGUINE (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2)(Kurcz, Jennifer)
December 18, 2020 Opinion or Order Filing 1752 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY TO IB'S RESPONSE REGARDING GOLDMAN SACHS EMAIL (Kurcz, Jennifer)
December 18, 2020 Opinion or Order Filing 1751 SEALED REPLY by Trading Technologies International, Inc. to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC FOR LEAVE TO FILE EXPLANATORY BRIEF IN RESPONSE TO TT'S SECOND MOTION TO COMPEL RE IBG'S PRIVILEGE LOG #1740 , MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S SECOND MOTION TO COMPEL IB TO SUPPLEMENT ITS PRIVILEGE LOGS AND PRODUCE NON-PRIVILEGED DOCUMENTS #1693 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY TO IB'S RESPONSE REGARDING GOLDMAN SACHS EMAIL (Attachments: #1 Exhibit A)(Kurcz, Jennifer)
December 18, 2020 Opinion or Order Filing 1750 REPLY by Plaintiff Trading Technologies International, Inc. to Sealed motion, #1692 , set motion and R&R deadlines/hearings,,,,,,, #1700 , Sealed motion, #1740 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY TO IB'S RESPONSE REGARDING GOLDMAN SACHS EMAIL (Attachments: #1 Exhibit A)(Kurcz, Jennifer)
December 17, 2020 Opinion or Order Filing 1749 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF BRETT REED #1666 (Redacted Version of [Dkt. 1716]) (Mandell, Steven)
December 17, 2020 Opinion or Order Filing 1748 MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 12/17/2020. TT's Motion to Exclude Testimony of Nicholas Godici #1375 , #1682 is granted as to paragraphs 20, 7278, 104, 109, and 114. The Motion is otherwise denied. See Opinion for further details. Mailed notice(lk, )
December 17, 2020 Opinion or Order Filing 1747 MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 12/17/2020. TT's Motion for Summary Judgment of No Equitable Estoppel #1381 is denied. See Opinion for further details. Mailed notice(lk, )
December 17, 2020 Opinion or Order Filing 1746 MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 12/17/2020. IBG's Motion for Summary Judgment of No Direct or Indirect Infringement for Foreign Activities of TWS BookTrader #1390 is denied as to the CRM claims and granted as to the system and method claims. See Opinion for further details. Mailed notice(lk, )
December 15, 2020 Opinion or Order Filing 1745 MOTION by Defendants IBG LLC, Interactive Brokers LLC for leave to file excess pages FOR IBG'S REPLY ISO IBG'S MOTION TO EXCLUDE DAMAGES OPINIONS OF CATHARINE M. LAWTON (Mandell, Steven)
December 14, 2020 Opinion or Order Filing 1744 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Plaintiff Trading Technologies International, Inc. for reconsideration regarding set motion and R&R deadlines/hearings,,,,,,, #1731 , reply, #1732 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO RECONSIDER THE COURT'S #1734 , SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC CROSS MOTION TO COMPEL REGARDING TT'S PRIVILEGE LOG #1722 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO IBG'S "CROSS MOTION" TO COMPEL REGARDING TT'S PRIVILEGE LOG (Public Redacted Version of Dkt. 1733) (Kurcz, Jennifer)
December 14, 2020 Opinion or Order Filing 1743 MINUTE entry before the Honorable M. David Weisman: Defendants' motion for leave to file under seal #1736 is granted. Mailed notice (ao,)
December 14, 2020 Opinion or Order Filing 1742 MINUTE entry before the Honorable M. David Weisman: Defendants' motion for leave to file under seal #1739 is granted. Mailed notice (ao,)
December 11, 2020 Opinion or Order Filing 1741 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to MOTION by Plaintiff Trading Technologies International, Inc. for reconsideration regarding set motion and R&R deadlines/hearings,,,,,,, #1731 , reply, #1732 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO RECONSIDER THE COURT'S #1734 (Redacted Version of [Dkt. 1737]) (Mandell, Steven)
December 11, 2020 Opinion or Order Filing 1740 SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC FOR LEAVE TO FILE EXPLANATORY BRIEF IN RESPONSE TO TT'S SECOND MOTION TO COMPEL RE IBG'S PRIVILEGE LOG (Attachments: #1 Exhibit A - Proposed Brief)(Mandell, Steven)
December 11, 2020 Opinion or Order Filing 1739 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
December 11, 2020 Opinion or Order Filing 1738 ORDER signed by the Honorable Virginia M. Kendall on 12/11/2020. IBG's Motion to Exclude Certain Opinions of Dr. Craig Pirrong #1366 is granted as to Pirrong's pioneering invention opinion and denied as to his written description opinion. See Order for further details. Mailed notice(lk, )
December 10, 2020 Opinion or Order Filing 1737 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to MOTION by Plaintiff Trading Technologies International, Inc. for reconsideration regarding set motion and R&R deadlines/hearings,,,,,,, #1731 , reply, #1732 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO RECONSIDER THE COURT'S #1734 (Attachments: #1 Declaration Of Christina Dashe in Support of Opposition to TT's Motion for Reconsideration, #2 Exhibit A to Declaration)(Mandell, Steven)
December 10, 2020 Opinion or Order Filing 1736 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
December 10, 2020 Opinion or Order Filing 1735 MINUTE entry before the Honorable M. David Weisman:Plaintiff's motion to file under seal #1733 is granted. Mailed notice (ao,)
December 10, 2020 Opinion or Order Filing 1734 MOTION by Plaintiff Trading Technologies International, Inc. for reconsideration regarding set motion and R&R deadlines/hearings,,,,,,, #1731 , reply, #1732 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO RECONSIDER THE COURT'S DECEMBER 10 MINUTE ORDER (Kurcz, Jennifer)
December 10, 2020 Opinion or Order Filing 1733 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO IBG'S "CROSS MOTION" TO COMPEL REGARDING TT'S PRIVILEGE LOG (Kurcz, Jennifer)
December 10, 2020 Opinion or Order Filing 1732 SEALED REPLY by Trading Technologies International, Inc. to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC CROSS MOTION TO COMPEL REGARDING TT'S PRIVILEGE LOG #1722 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO IBG'S "CROSS MOTION" TO COMPEL REGARDING TT'S PRIVILEGE LOG (Kurcz, Jennifer)
December 10, 2020 Opinion or Order Filing 1731 MINUTE entry before the Honorable M. David Weisman: Having reviewed defendants' cross-motion to compel regarding plaintiff's privilege log #1730 , the Court finds that defendants have made a sufficient showing to warrant in camera review, and, in lieu of briefing, the Court will proceed directly to in camera review. See Fed. R. Civ. P. 1 (Under the law, the parties share a duty, along with the Court, to administer the discovery process in a manner to "secure the just, speedy, and inexpensive determination of every action and proceeding."). By 12/17/2020, defendants shall provide the Court with two hard copies of the instant motion, (dkt. #1722 ). By 12/30/2020, plaintiff shall provide the Court with two hard copies of the documents sought in defendants' motion for in camera review, including the communications by certain non-lawyer individuals (see dkt. 1730 at 6-13). By 12/30/2020, plaintiff shall respond to defendants' motion to compel as it relates to the names and capacities of all members of the List Serv (see dkt. 1730 at 14.). Defendants may file a reply, if any, by 1/7/2021. Ruling on the in camera review documents and motion is set for 1/22/2021 at 10:00 a.m. Parties shall dial in using the Court's conference call- in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Please note that the Court's conference call-in will be used by all cases that are on the Court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called by the Court. Once the Court has heard your case you shall disconnect from the conference line. Mailed notice (ao,)
December 9, 2020 Opinion or Order Filing 1730 MOTION by Defendants IBG LLC, Interactive Brokers LLC to compel IBG'S CROSS MOTION TO COMPEL REGARDING TT'S PRIVILEGE LOG (Redacted Version of [Dkt. 1722]) (Mandell, Steven)
December 9, 2020 Opinion or Order Filing 1729 MINUTE entry before the Honorable Virginia M. Kendall. Defendants IBG LLC, Interactive Brokers LLC's Cross Motion to Compel regarding TT's Privilege Log #1722 is referred to Magistrate Judge Weisman. Parties' Motions to Seal #1699 , #1711 , #1713 , #1720 , #1721 , #1724 and #1726 are granted. Mailed notice (lk, )
December 9, 2020 Opinion or Order Filing 1728 RESPONSE by Plaintiff Trading Technologies International, Inc. to Sealed motion #1665 , sealed response,, #1723 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S CORRECTED OPPOSITION TO IB'S MOTION TO EXCLUDE TESTIMONY OF CATHARINE LAWTON [Public Redacted Version of Dkt. 1725] (Attachments: #1 Exhibit Exhibit List, #2 Exhibit Exhibit M)(Kurcz, Jennifer)
December 8, 2020 Opinion or Order Filing 1727 RESPONSE by Trading Technologies International, Inc.in Opposition to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE CERTAIN DAMAGES OPINIONS OF CHRISTOPHER THOMAS #1664 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S MOTION TO EXCLUDE CERTAIN DAMAGES OPINIONS OF CHRISTOPHER THOMAS [Public Redacted Version of Dkt. 1719] (Attachments: #1 Exhibit List)(Kurcz, Jennifer)
December 8, 2020 Opinion or Order Filing 1726 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S CORRECTED OPPOSITION TO IB'S MOTION TO EXCLUDE TESTIMONY OF CATHARINE LAWTON (Kurcz, Jennifer)
December 8, 2020 Opinion or Order Filing 1725 SEALED RESPONSE by Trading Technologies International, Inc. to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE DAMAGES OPINIONS OF CATHARINE M. LAWTON #1665 , sealed response,, #1723 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S CORRECTED OPPOSITION TO IB'S MOTION TO EXCLUDE TESTIMONY OF CATHARINE LAWTON (Attachments: #1 Exhibit Redlined Version)(Kurcz, Jennifer)
December 4, 2020 Opinion or Order Filing 1724 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IB'S MOTION TO EXCLUDE TESTIMONY OF CATHARINE LAWTON (Kurcz, Jennifer)
December 4, 2020 Opinion or Order Filing 1723 SEALED RESPONSE by Trading Technologies International, Inc. to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE DAMAGES OPINIONS OF CATHARINE M. LAWTON #1665 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IB'S MOTION TO EXCLUDE TESTIMONY OF CATHARINE LAWTON (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M)(Kurcz, Jennifer)
December 4, 2020 Opinion or Order Filing 1722 SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC CROSS MOTION TO COMPEL REGARDING TT'S PRIVILEGE LOG (Attachments: #1 Declaration of Christina Dashe in Support of Cross Motion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(Mandell, Steven)
December 4, 2020 Opinion or Order Filing 1721 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
December 4, 2020 Opinion or Order Filing 1720 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S MOTION TO EXCLUDE CERTAIN DAMAGES OPINIONS OF CHRISTOPHER THOMAS (Kurcz, Jennifer)
December 4, 2020 Opinion or Order Filing 1719 SEALED RESPONSE by Trading Technologies International, Inc. to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE CERTAIN DAMAGES OPINIONS OF CHRISTOPHER THOMAS #1664 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S MOTION TO EXCLUDE CERTAIN DAMAGES OPINIONS OF CHRISTOPHER THOMAS (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Kurcz, Jennifer)
December 4, 2020 Opinion or Order Filing 1718 SEALED EXHIBIT by Defendants IBG LLC, Interactive Brokers LLC Exhibits SS-AAE to the Declaration of Neil N. Desai in Support of IBG's Oppositions to TT's Damages Daubert Motions regarding declaration, #1717 (Attachments: #1 Exhibit TT, #2 Exhibit UU, #3 Exhibit VV, #4 Exhibit WW, #5 Exhibit XX, #6 Exhibit YY, #7 Exhibit ZZ, #8 Exhibit AAA, #9 Exhibit AAB, #10 Exhibit AAC, #11 Exhibit AAD, #12 Exhibit AAE)(Mandell, Steven)
December 4, 2020 Opinion or Order Filing 1717 DECLARATION of Neil N. Desai regarding sealed response, #1714 , sealed response, #1715 , sealed response, #1716 DECLARATION OF NEIL N. DESAI IN SUPPORT OF DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S OPPOSITION TO TRADING TECHNOLOGIES INTERNATIONAL, INC.'S DAMAGES DAUBERT MOTIONS (Attachments: #1 Exhibit SS-AAE (Filed Under Seal))(Mandell, Steven)
December 4, 2020 Opinion or Order Filing 1716 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF BRETT REED #1666 (Attachments: #1 Appendix A)(Mandell, Steven)
December 4, 2020 Opinion or Order Filing 1715 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF KONSTANTINE SMAGUINE #1659 (Mandell, Steven)
December 4, 2020 Opinion or Order Filing 1714 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE CERTAIN OPINIONS OF MR. BERNARD DONEFER ON IB'S ALLEGED NON-INFRINGING ALTERNATIVES #1661 (Mandell, Steven)
December 4, 2020 Opinion or Order Filing 1713 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
December 4, 2020 Opinion or Order Filing 1712 SEALED REPLY by IBG LLC, Interactive Brokers LLC to MOTION by Defendants IBG, LLC, Interactive Brokers LLC for reconsideration regarding order on sealed motion, order on motion to seal, text entry #1657 MOTION FOR RECONSIDERATION OF ORDER GRANTING TT'S MOTION FOR LEAVE TO SUPPLEMENT THE EX #1658 , sealed response,,, #1697 REPLY IN SUPPORT OF ITS MOTION FOR RECONSIDERATION OF ORDER GRANTING TT'S MOTION FOR LEAVE TO SUPPLEMENT THE EXPERT REPORT OF CHRISTOPHER THOMAS TO INCLUDE A SHORT RESPONSE TO NEW INFORMATION PROVIDED BY IB'S WITNESS, MR. SMAGUINE (DKT. 1655, 1656, 1657) (Mandell, Steven)
December 4, 2020 Opinion or Order Filing 1711 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal their REPLY IN SUPPORT OF ITS MOTION FOR RECONSIDERATION OF ORDER GRANTING TT'S MOTION FOR LEAVE TO SUPPLEMENT THE EXPERT REPORT OF CHRISTOPHER THOMAS TO INCLUDE A SHORT RESPONSE TO NEW INFORMATION PROVIDED BY IB'S WITNESS, MR. SMAGUINE (DKT. 1655, 1656, 1657) (Mandell, Steven)
December 2, 2020 Opinion or Order Filing 1710 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC TO PLAINTIFF'S MOTION TO COMPEL RESPONSES TO INTERROGATORIES (Public Version of [Dkt. 1188]) (Mandell, Steven)
December 2, 2020 Opinion or Order Filing 1709 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC to TT'S COMBINED (1) MOTION TO COMPEL AND (2) MOTION TO SHOW CAUSE (DKT. 1171) (Redacted Version of [Dkt. 1186]) (Mandell, Steven)
December 2, 2020 Opinion or Order Filing 1708 REPORT ON STATUS OF COMPLIANCE WITH SEPTEMBER 25, 2019 MINUTE ORDER, DKT. 1135 by IBG LLC, Interactive Brokers LLC (Redacted Version of [Dkt. 1176]) (Mandell, Steven)
December 2, 2020 Opinion or Order Filing 1707 REPLY by Defendants IBG LLC, Interactive Brokers LLC IN SUPPORT OF IBG'S MOTION TO COMPEL TRADING TECHNOLOGIES TO PRODUCE EMAILS AND WITNESSES FOR DEPOSITION, AND FOR EXTENSION OF LPR 1.3 (Redacted Version of [Dkt. 1162]) (Mandell, Steven)
December 2, 2020 Opinion or Order Filing 1706 IBG LLC'S AND INTERACTIVE BROKERS LLC'S POSITION PAPER RE BURDEN AND PROPORTIONALITY PURSUANT TO DKT. 1148 by IBG LLC, Interactive Brokers LLC (Redacted Version of [Dkt. 1155]) (Mandell, Steven)
December 2, 2020 Opinion or Order Filing 1705 ANSWER to Complaint IBG LLC AND INTERACTIVE BROKERS LLC'S ANSWER AND AFFIRMATIVE DEFENSES AND COUNTERCLAIMS TO TRADING TECHNOLOGIES INTERNATIONAL, INC.'S THIRD AMENDED COMPLAINT (Redacted Version of [Dkt. 1146]) by IBG LLC, Interactive Brokers LLC(Mandell, Steven)
December 2, 2020 Opinion or Order Filing 1704 REPLY by Defendants IBG LLC, Interactive Brokers LLC to other #1047 DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S REPLY CLAIM CONSTRUCTION BRIEF (Public Version of [Dkt. 1091]) (Mandell, Steven)
November 30, 2020 Opinion or Order Filing 1703 MINUTE entry before the Honorable Virginia M. Kendall. TT filed a Motion to Exclude Testimony of Nicholas Godici #1375 . The brief in support of the Motion contains the following language: "If the Court grants TT's motion for summary judgment, finding that the LIFFE Connect API Manual is not "but-for" material and/or that TT did not have specific intent to deceive the PTO, then Mr. Godici's testimony is moot and he should be excluded from testifying. If the Court denies TT's motion for summary judgment of no inequitable conduct, then the Court should consider this instant motion to exclude Mr. Godici's testimony." The Court has since granted TT's Motion for Summary Judgment of No Inequitable Conduct #1702 . The Court thus wishes to inquire whether, in light of that ruling, TT withdraws (in whole or in part) its Motion to Exclude Testimony of Nicholas Godici. Counsel for TT shall inform the Court by Friday, 12/4 by emailing the courtroom deputy and CC'ing opposing counsel.Mailed notice (lk, )
November 29, 2020 Opinion or Order Filing 1702 MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 11/29/2020. TT's Motion for Summary Judgment of No Inequitable Conduct #1389 is granted. See Opinion for further details. Mailed notice(lk, )
November 24, 2020 Opinion or Order Filing 1701 MOTION by Plaintiff Trading Technologies International, Inc. for leave to file excess pages TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR LEAVE TO FILE EXCESS PAGES FOR TT'S OPPOSITION TO IB'S MOTION TO EXCLUDE DAMAGES OPINIONS OF CATHERINE M. LAWTON (AGREED) (Attachments: #1 Exhibit A)(Kurcz, Jennifer)
November 23, 2020 Opinion or Order Filing 1700 MINUTE entry before the Honorable M. David Weisman: Having reviewed plaintiff's second motion to compel IB to supplement its privilege logs and produce non-privileged documents #1692 , the Court finds that plaintiff has made a sufficient showing to warrant in camera review, and, in lieu of briefing, the Court will proceed directly to in camera review. See Fed. R. Civ. P. 1 (Under the law, the parties share a duty, along with the Court, to administer the discovery process in a manner to "secure the just, speedy, and inexpensive determination of every action and proceeding."). By 12/2/2020, plaintiff shall provide the Court with two hard copies of the instant motion, (dkt. #1692 ). By 12/11/2020, defendant shall provide the Court with two hard copies of the documents sought in plaintiff's motion for in camera review, including (1) all the "TT," "patent" and "IP" entries in IB's privilege logs from 2004 and 2005; (2) of all of the FIA-related communications (Entry Nos. 14911501 and 15031514); and (3) certain communications that "recommunicate" legal advice, (see dkt. 1692 at 11-13). By 12/11/2020, defendant shall respond to plaintiff's motion to compel as it relates to the Goldman Sachs emails. Plaintiff may file a reply, if any, by 12/18/2020. Ruling on the in camera review documents and motion is set for 1/13/2021 at 10:00 a.m. Parties shall dial in using the Court's conference call- in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Please note that the Court's conference call-in will be used by all cases that are on the Court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called by the Court. Once the Court has heard your case you shall disconnect from the conference line. Mailed notice (ao,)
November 20, 2020 Opinion or Order Filing 1699 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IBG LLC AND INTERACTIVE BROKERS LLC'S MOTION FOR RECONSIDERATION OF ORDER GRANTING TT'S MOTION FOR LEAVE TO SUPPLEMENT THE EXPERT REPORT OF CHRISTOPHER THOMAS TO INCLUDE A SHORT RESPONSE TO NEW INFORMATION PROVIDED BY IB'S WITNESS, MR. SMAGUINE (Kurcz, Jennifer)
November 20, 2020 Opinion or Order Filing 1698 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Defendants IBG, LLC, Interactive Brokers LLC for reconsideration regarding order on sealed motion, order on motion to seal, text entry #1657 MOTION FOR RECONSIDERATION OF ORDER GRANTING TT'S MOTION FOR LEAVE TO SUPPLEMENT THE EX #1658 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IBG LLC AND INTERACTIVE BROKERS LLC'S MOTION FOR RECONSIDERATION OF ORDER GRANTING TT'S MOTION FOR LEAVE TO SUPPLEMENT THE EXPERT REPORT OF CHRISTOPHER THOMAS TO INCLUDE A SHORT RESPONSE TO NEW INFORMATION PROVIDED BY IB'S WITNESS, MR. SMAGUINE [Public Version of Dkt. 1697] (Attachments: #1 Exhibit List)(Kurcz, Jennifer)
November 20, 2020 Opinion or Order Filing 1697 SEALED RESPONSE by Trading Technologies International, Inc. to MOTION by Defendants IBG, LLC, Interactive Brokers LLC for reconsideration regarding order on sealed motion, order on motion to seal, text entry #1657 MOTION FOR RECONSIDERATION OF ORDER GRANTING TT'S MOTION FOR LEAVE TO SUPPLEMENT THE EX #1658 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IBG LLC AND INTERACTIVE BROKERS LLC'S MOTION FOR RECONSIDERATION OF ORDER GRANTING TT'S MOTION FOR LEAVE TO SUPPLEMENT THE EXPERT REPORT OF CHRISTOPHER THOMAS TO INCLUDE A SHORT RESPONSE TO NEW INFORMATION PROVIDED BY IB'S WITNESS, MR. SMAGUINE (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Kurcz, Jennifer)
November 19, 2020 Opinion or Order Filing 1695 MOTION by Plaintiff Trading Technologies International, Inc. to compel TRADING TECHNOLOGIES INTERNATIONAL, INC.'S SECOND MOTION TO COMPEL IB TO SUPPLEMENT ITS PRIVILEGE LOGS AND PRODUCE NON-PRIVILEGED DOCUMENTS [Public Redacted Version of Dkt. 1692] (Kurcz, Jennifer)
November 17, 2020 Opinion or Order Filing 1696 EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable M. David Weisman pursuant to Local Rule 72.1. Signed by Executive Committee on 11/17/20.(gcy, )
November 17, 2020 Opinion or Order Filing 1694 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion for leave to file under seal #1693 is granted. Plaintiff's Second Motion to Compel #1692 is being referred to Magistrate Judge Weisman. Mailed notice (lk, )
November 13, 2020 Opinion or Order Filing 1693 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S SECOND MOTION TO COMPEL IB TO SUPPLEMENT ITS PRIVILEGE LOGS AND PRODUCE NON-PRIVILEGED DOCUMENTS (Kurcz, Jennifer)
November 13, 2020 Opinion or Order Filing 1692 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S SECOND MOTION TO COMPEL IB TO SUPPLEMENT ITS PRIVILEGE LOGS AND PRODUCE NON-PRIVILEGED DOCUMENTS (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Kurcz, Jennifer)
November 12, 2020 Opinion or Order Filing 1691 MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 11/12/2020. TT's Motion for Summary Judgment that the TSE Reference Does Not Constitute Prior Art #1370 is denied. See Opinion for further details. Mailed notice(lk, )
November 11, 2020 Opinion or Order Filing 1690 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Defendants IBG LLC, Interactive Brokers LLC to strike THE SUPPLEMENTAL EXPERT REPORT OF CHRISTOPHER THOMAS REGARDING IBG'S ALLEGED NONINFRINGING ALTERNATIVES (Redacted) #1633 TT'S OPPOSITION TO IB'S MOTION TO STRIKE PARAGRAPHS 57, 85-86 OF THOMAS SUPPLEMENTAL REPORT ON NON-INFRINGING ALTERNATIVES [Redacted Version of Dkt. 1580] (Kurcz, Jennifer)
November 11, 2020 Opinion or Order Filing 1689 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Defendants IBG LLC, Interactive Brokers LLC to strike THE EXPERT DECLARATION OF CHRISTOPHER THOMAS FILED IN SUPPORT OF TT'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT - REDACTED VERSION OF #1509 #1649 TT'S OPPOSITION TO IB'S CORRECTED MOTION TO STRIKE THE EXPERT DECLARATION OF CHRISTOPHER THOMAS FILED IN SUPPORT OF TT'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT [Redacted Version of Dkt. 1578] (Kurcz, Jennifer)
November 11, 2020 Opinion or Order Filing 1688 MOTION by Plaintiff Trading Technologies International, Inc. for leave to file TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR LEAVE TO FILE RESPONSE TO IBG LLC'S AND INTERACTIVE BROKERS LLC'S REPLY REGARDING AUGUST 7, 2020 LETTER TO MAGISTRATE JUDGE WEISMAN [Redacted Version of Dkt. 1572] (Kurcz, Jennifer)
November 11, 2020 Opinion or Order Filing 1687 RESPONSE by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO IBG LLC'S AND INTERACTIVE BROKERS LLC'S AUGUST 7, 2020 LETTER TO MAGISTRATE JUDGE WEISMAN [Redacted Version of Dkt. 1488] (Kurcz, Jennifer)
November 11, 2020 Opinion or Order Filing 1686 REPLY by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS EMERGENCY MOTION TO STRIKE (1) THE EXPERT REPORT OF BERNARD DONEFER AND (2) THE DECLARATION OF KONSTANTINE SMAGUINE [Redacted Version of Dkt. 1344] (Kurcz, Jennifer)
November 11, 2020 Opinion or Order Filing 1685 MOTION by Plaintiff Trading Technologies International, Inc. to strike TRADING TECHNOLOGIES INTERNATIONAL, INC.'S EMERGENCY MOTION TO STRIKE (1) THE EXPERT REPORT OF BERNARD DONEFER AND (2) THE DECLARATION OF KONSTANTINE SMAGUINE [Redacted Version of Dkt. 1332] (Kurcz, Jennifer)
November 11, 2020 Opinion or Order Filing 1684 MOTION by Plaintiff Trading Technologies International, Inc. to strike TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF KONSTANTINE SMAGUINE [Redacted Public Version] (Kurcz, Jennifer)
November 11, 2020 Opinion or Order Filing 1683 MOTION by Plaintiff Trading Technologies International, Inc. to strike TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE CERTAIN OPINIONS OF MR. BERNARD DONEFER ON IB'S ALLEGED NON-INFRINGING ALTERNATIVES [Redacted Public Version] (Kurcz, Jennifer)
November 11, 2020 Opinion or Order Filing 1682 MOTION by Plaintiff Trading Technologies International, Inc. to strike TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF NICHOLAS GODICI [Redacted Version of Dkt. 1375] (Kurcz, Jennifer)
November 11, 2020 Opinion or Order Filing 1681 MOTION by Plaintiff Trading Technologies International, Inc. to strike TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF BERNARD DONEFER [Redacted Version of Dkt. 1357] (Kurcz, Jennifer)
November 11, 2020 Opinion or Order Filing 1680 MOTION by Plaintiff Trading Technologies International, Inc. to strike TRADING TECHNOLOGIES (1) MOTION TO PRECLUDE THE TESTIMONY OF THOMAS F. SEMGAL, JR. AS UNTIMELY, OR IN THE ALTERNATVE, (2) MOTION TO EXCLUDE HIS TESTIMONY UNDER RULE 702 [Redacted Version of Dkt. 1355] (Kurcz, Jennifer)
November 11, 2020 Opinion or Order Filing 1679 MOTION by Plaintiff Trading Technologies International, Inc. to strike TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF PER HJART'Y [Redacted Version of Dkt. 1353] (Kurcz, Jennifer)
November 11, 2020 Opinion or Order Filing 1678 REPLY by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION TO COMPEL IB TO SUPPLEMENT ITS PRIVILEGE LOGS AND PRODUCE NON-PRIVILEGED DOCUMENTS [Redacted Version of Dkt. 1329] (Kurcz, Jennifer)
November 11, 2020 Opinion or Order Filing 1677 MOTION by Plaintiff Trading Technologies International, Inc. to compel TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO COMPEL IB TO SUPPLEMENT ITS PRIVILEGE LOGS AND PRODUCE NON-PRIVILEGED DOCUMENTS [Redacted Version of Dkt. 1308] (Kurcz, Jennifer)
November 11, 2020 Opinion or Order Filing 1676 MOTION by Plaintiff Trading Technologies International, Inc. for leave to file TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF ITS MOTION TO STRIKE PORTIONS OF BERNARD DONEFER'S OPENING EXPERT REPORT [Redacted Version of Dkt. 1266] (Kurcz, Jennifer)
November 11, 2020 Opinion or Order Filing 1675 MOTION by Plaintiff Trading Technologies International, Inc. to strike TRADING TECHNOLOGIES INTERNATIONAL, INC.'S CORRECTED MOTION TO STRIKE INVALIDITY POSITIONS SET FORTH IN THE EXPERT REPORT OF BERNARD DONEFER THAT WERE NEVER DISCLOSED IN IB'S FINAL INVALIDITY CONTENTIONS [Redacted Version of Dkt. 1262] (Kurcz, Jennifer)
November 11, 2020 Opinion or Order Filing 1674 MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE DAMAGES OPINIONS OF CATHARINE M. LAWTON (Redacted) (Mandell, Steven)
November 11, 2020 Opinion or Order Filing 1673 MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE CERTAIN DAMAGES OPINIONS OF CHRISTOPHER THOMAS (Redacted) (Mandell, Steven)
November 11, 2020 Opinion or Order Filing 1672 STATUS Report IBG LLC AND INTERACTIVE BROKERS LLC'S STATUS UPDATE REGARDING THE COURT'S OCTOBER 23, 2019 MINUTE ENTRY (DKT. NO. 1200) (Redacted) by IBG LLC, Interactive Brokers LLC (Mandell, Steven)
November 10, 2020 Opinion or Order Filing 1671 MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule as set for Daubert Motions in Minute Entry #1422 stands. Please disregard the briefing schedule as to Motions #1659 , #1661 , #1664 , #1665 and #1666 as set in Minute Entry #1670 . Briefing schedule set as to Motion #1658 as set in Minute Entry #1670 stands. Mailed notice (lk, )
November 6, 2020 Opinion or Order Filing 1670 MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Parties' Motions #1658 , #1659 , #1661 , #1664 , #1665 and #1666 . Responses due by 11/20/2020; Replies due by 12/4/2020. Mailed notice (lk, )
November 6, 2020 Opinion or Order Filing 1669 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motions to Seal #1660 , #1662 and #1667 are granted. Defendant's Motion to Seal #1663 is granted. Mailed notice (lk, )
November 5, 2020 Opinion or Order Filing 1668 SEALED DOCUMENT by Defendant Interactive Brokers LLC DECLARATION OF CHRISTINA DASHE IN SUPPORT OF DEFENDANTS' DAMAGES DAUBERT MOTIONS (Attachments: #1 Exhibit Y, #2 Exhibit Z, #3 Exhibit AA, #4 Exhibit BB, #5 Exhibit CC, #6 Exhibit DD, #7 Exhibit EE, #8 Exhibit FF, #9 Exhibit GG, #10 Exhibit HH, #11 Exhibit II, #12 Exhibit JJ, #13 Exhibit KK, #14 Exhibit LL, #15 Exhibit MM, #16 Exhibit NN, #17 Exhibit OO, #18 Exhibit PP, #19 Exhibit QQ, #20 Exhibit RR)(Mandell, Steven)
November 5, 2020 Opinion or Order Filing 1667 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF BRETT REED (Kurcz, Jennifer)
November 5, 2020 Opinion or Order Filing 1666 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF BRETT REED (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19)(Kurcz, Jennifer)
November 5, 2020 Opinion or Order Filing 1665 SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE DAMAGES OPINIONS OF CATHARINE M. LAWTON (Mandell, Steven)
November 5, 2020 Opinion or Order Filing 1664 SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE CERTAIN DAMAGES OPINIONS OF CHRISTOPHER THOMAS (Mandell, Steven)
November 5, 2020 Opinion or Order Filing 1663 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
November 5, 2020 Opinion or Order Filing 1662 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE CERTAIN OPINIONS OF MR. BERNARD DONEFER ON IB'S ALLEGED NON-INFRINGING ALTERNATIVES (Kurcz, Jennifer)
November 5, 2020 Opinion or Order Filing 1661 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE CERTAIN OPINIONS OF MR. BERNARD DONEFER ON IB'S ALLEGED NON-INFRINGING ALTERNATIVES (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10)(Kurcz, Jennifer)
November 5, 2020 Opinion or Order Filing 1660 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF KONSTANTINE SMAGUINE (Kurcz, Jennifer)
November 5, 2020 Opinion or Order Filing 1659 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF KONSTANTINE SMAGUINE (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11)(Kurcz, Jennifer)
November 2, 2020 Opinion or Order Filing 1658 MOTION by Defendants IBG, LLC, Interactive Brokers LLC for reconsideration regarding order on sealed motion, order on motion to seal, text entry #1657 MOTION FOR RECONSIDERATION OF ORDER GRANTING TT'S MOTION FOR LEAVE TO SUPPLEMENT THE EXPERT REPORT OF CHRISTOPHER THOMAS TO INCLUDE A SHORT RESPONSE TO NEW INFORMATION PROVIDED BY IB'S WITNESS, MR. SMAGUINE (DKT. 1655, 1656, 1657) (Mandell, Steven)
October 30, 2020 Opinion or Order Filing 1657 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motions to supplement the expert report of Christopher Thomas #1655 and #1656 are granted. Mailed notice (lk, )
October 29, 2020 Opinion or Order Filing 1656 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR LEAVE TO SUPPLEMENT THE EXPERT REPORT OF CHRISTOPHER THOMAS TO INCLUDE A SHORT RESPONSE TO NEW INFORMATION PROVIDED BY IB'S WITNESS, MR. SMAGUINE (Kurcz, Jennifer)
October 29, 2020 Opinion or Order Filing 1655 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR LEAVE TO SUPPLEMENT THE EXPERT REPORT OF CHRISTOPHER THOMAS TO INCLUDE A SHORT RESPONSE TO NEW INFORMATION PROVIDED BY IB'S WITNESS, MR. SMAGUINE (Attachments: #1 Exhibit A)(Kurcz, Jennifer)
October 28, 2020 Opinion or Order Filing 1654 REPLY by Defendants IBG LLC, Interactive Brokers LLC REPLY IN SUPPORT OF ITS CORRECTED MOTION TO STRIKE THE EXPERT DECLARATION OF CHRISTOPHER THOMAS FILED IN SUPPORT OF TT'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT - REDACTED VERSION OF #1605 (Mandell, Steven)
October 28, 2020 Opinion or Order Filing 1653 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC IN OPPOSITION TO #1248 REDACTED VERSION OF #1259 (Mandell, Steven)
October 28, 2020 Opinion or Order Filing 1652 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC IN OPPOSITION TO #1594 REDACTED VERSION OF #1622 (Mandell, Steven)
October 28, 2020 Opinion or Order Filing 1651 MOTION by Defendants IBG LLC, Interactive Brokers LLC to strike THE EXPERT DECLARATION OF CHRISTOPHER THOMAS FILED IN SUPPORT OF TT'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT (CORRECTED) - REDACTED VERSION OF #1511 (Mandell, Steven)
October 28, 2020 Opinion or Order Filing 1650 MOTION by Plaintiff Trading Technologies International, Inc. to supplement TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR LEAVE TO SUPPLEMENT THE EXPERT REPORT OF CHRISTOPHER THOMAS TO INCLUDE A SHORT RESPONSE TO NEW INFORMATION PROVIDED BY IB'S WITNESS, MR. SMAGUINE (Kurcz, Jennifer)
October 28, 2020 Opinion or Order Filing 1649 MOTION by Defendants IBG LLC, Interactive Brokers LLC to strike THE EXPERT DECLARATION OF CHRISTOPHER THOMAS FILED IN SUPPORT OF TT'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT - REDACTED VERSION OF #1509 (Mandell, Steven)
October 28, 2020 Opinion or Order Filing 1648 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC IN OPPOSITION TO #1412 REDACTED VERSION OF #1429 (Mandell, Steven)
October 28, 2020 Opinion or Order Filing 1647 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC IN OPPOSITION TO #1332 REDACTED VERSION OF #1342 (Mandell, Steven)
October 27, 2020 Opinion or Order Filing 1646 MINUTE entry (Corrected) before the Honorable Virginia M. Kendall. IBG filed four motions for summary judgment in this case. For each, they filed the requisite 56.1 statements of material facts. TT filed its responses to those along with statements of additional facts, as contemplated by Local Rule 56.1(b)(3)(C). IBG then filed responses to TT's statements of additional facts, which is contemplated by Rule 56.1(a). IBG also filed replies to TT's responses to IBG's statements of fact. #1536 at pp. 5-63; #1537 at pp. 5-80; #1539 at pp. 4-37; #1541 at pp. 4-70. The rules do not contemplate such replies. IBG contends that TT filed responses that violated the rules by offering extraneous or unresponsive facts. That is irrelevant. The rules do not contemplate replies to statements of additional fact. IBG used these replies to supplement its already extraordinarily hefty briefings. The Court has enough briefing on this matter, and the Court can discern the facts by reviewing the Parties' citations to the record contained in their 56.1 statements and associated responses. Accordingly, TT's Motion to Strike #1594 is granted and all of the replies cited above are stricken.Mailed notice (lk, )
October 27, 2020 Opinion or Order Filing 1645 MINUTE entry before the Honorable Virginia M. Kendall. IBG filed four motions for summary judgment in this case. For each, they filed the requisite 56.1 statements of material facts. TT filed its responses to those along with statements of additional facts, as contemplated by Local Rule 56.1(b)(3)(C). IBG then filed responses to TT's statements of additional facts, which is contemplated by Rule 56.1(a). IBG also filed replies to TT's responses to IBG's statements of fact. #1536 at pp. 563; #1537 at pp. 580; #1539 at pp. 437; #1541 at pp. 470. The rules do not contemplate such replies. IBG contends that TT filed responses that violated the rules by offering extraneous or unresponsive facts. That is irrelevant. The rules do not contemplate replies to statements of additional fact. IBG used these replies to supplement its already extraordinarily hefty briefings. The Court has enough briefing on this matter, and the Court can discern the facts by reviewing the Parties' citations to the record contained in their 56.1 statements and associated responses. Accordingly, TT's Motion to Strike #1594 is granted and all of the replies cited above are stricken. Mailed notice (lk, )
October 27, 2020 Opinion or Order Filing 1644 ORDER signed by the Honorable Virginia M. Kendall on 10/27/2020. IBG's Motion to Strike the Supplemental Report of Christopher Thomas #1508 is denied and the Motion to Strike the Expert Declaration #1511 is granted. See Order for further details. Mailed notice(lk, )
October 27, 2020 Opinion or Order Filing 1643 REPLY by Defendants IBG LLC, Interactive Brokers LLC REGARDING AUGUST 7, 2020 LETTER TO MAGISTRATE JUDGE WEISMAN - REDACTED VERSION OF #1547 (Mandell, Steven)
October 27, 2020 Opinion or Order Filing 1642 MOTION by Defendants IBG LLC, Interactive Brokers LLC for leave to file SUR-REPLY AND SUR-REPLY TO TT'S MOTION TO STRIKE RE PRIVILEGE ISSUES - REDACTED VERSION OF #1337 (Mandell, Steven)
October 27, 2020 Opinion or Order Filing 1641 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC IN OPPOSITION TO #1308 REDACTED VERSION OF #1325 (Mandell, Steven)
October 21, 2020 Opinion or Order Filing 1640 ORDER signed by the Honorable Virginia M. Kendall on 10/21/2020. TT's Motion to Exclude Testimony of Bernard Donefer #1357 is granted as to his willful infringement opinions but denied as to his single action order entry opinions. See Order for further details. Mailed notice(lk, )
October 21, 2020 Opinion or Order Filing 1639 ORDER signed by the Honorable Virginia M. Kendall on 10/21/2020. IBG's Motions to Exclude Certain Opinion of Christopher Thomas #1364 , #1632 are granted as to his testimony regarding willful infringement, the lack of an opinion of counsel, and the Customer Agreement, but denied as to his testimony about the pioneering nature of the asserted patents. See Order for further details. Mailed notice(lk, )
October 21, 2020 Opinion or Order Filing 1638 ORDER signed by the Honorable Virginia M. Kendall on 10/21/2020. The issues that plague the proposed Smegal testimony equally plague the proposed Nixon testimony. Accordingly, the Motions to preclude Nixon's testimony #1363 , #1626 are granted. See Order for further details. Mailed notice(lk, )
October 21, 2020 Opinion or Order Filing 1637 ORDER signed by the Honorable Virginia M. Kendall on 10/21/2020. IBG's Motion to Exclude Certain Opinions of Mark Holder #1365 is denied in its entirety. See Order for further details. Mailed notice(lk, )
October 21, 2020 Opinion or Order Filing 1636 ORDER signed by the Honorable Virginia M. Kendall on 10/21/2020. TT's Motions to Preclude the Testimony of Thomas Smegal, Jr. #1355 , #1503 are granted. See Order for further details. Mailed notice(lk, )
October 15, 2020 Opinion or Order Filing 1635 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion to strike, #1508 Corrected REPLY IN SUPPORT OF DEFENDANTS' MOTION TO STRIKE THE SUPPLEMENTAL EXPERT REPORT OF CHRISTOPHER THOMAS REGARDING IBG'S ALLEGED NONINFRINGING ALTERNATIVES (Redacted) (Mandell, Steven)
October 15, 2020 Opinion or Order Filing 1634 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion to strike, #1508 REPLY IN SUPPORT OF DEFENDANTS' MOTION TO STRIKE THE SUPPLEMENTAL EXPERT REPORT OF CHRISTOPHER THOMAS REGARDING IBG'S ALLEGED NONINFRINGING ALTERNATIVES (Redacted) (Mandell, Steven)
October 15, 2020 Opinion or Order Filing 1633 MOTION by Defendants IBG LLC, Interactive Brokers LLC to strike THE SUPPLEMENTAL EXPERT REPORT OF CHRISTOPHER THOMAS REGARDING IBG'S ALLEGED NONINFRINGING ALTERNATIVES (Redacted) (Mandell, Steven)
October 14, 2020 Opinion or Order Filing 1632 MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE CERTAIN OPINIONS OF CHRISTOPHER THOMAS (Public Version) (Mandell, Steven)
October 14, 2020 Opinion or Order Filing 1631 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC to motion for summary judgment #1381 OPPOSITION TO TRADING TECHNOLOGIES' MOTION FOR SUMMARY JUDGMENT OF NO EQUITABLE ESTOPPEL (Redacted) (Mandell, Steven)
October 14, 2020 Opinion or Order Filing 1630 REPLY by Defendants IBG LLC, Interactive Brokers LLC to sealed response,, #1448 REPLY TO TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS' LLC'S L.R. 56.1 STATEMENT OF MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF UNPATENTABILITY OF U.S. PATENT NOS. 7,676,411 AND 7,813,996 UNDER 35 U.S.C. 101 (Redacted) (Mandell, Steven)
October 14, 2020 Opinion or Order Filing 1629 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC to Sealed motion #1375 OPPOSITION TO TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF NICHOLAS GODICI (Redacted) (Mandell, Steven)
October 14, 2020 Opinion or Order Filing 1628 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC to Sealed motion, #1355 OPPOSITION TO TRADING TECHNOLOGIES (1) MOTION TO PRECLUDE THE TESTIMONY OF THOMAS F. SEMGAL, JR. AS UNTIMELY, OR IN THE ALTERNATVE, (2) MOTION TO EXCLUDE HIS TESTIMONY UNDER RULE 702 (Redacted) (Mandell, Steven)
October 14, 2020 Opinion or Order Filing 1627 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC to sealed document, #1367 OPPOSITION TO STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT THAT THE CLAIMS OF THE PATENTS-IN-SUIT ARE PATENT-ELIGIBLE UNDER 35 U.S.C. 101 (Redacted) (Mandell, Steven)
October 14, 2020 Opinion or Order Filing 1626 MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE LARRY S. NIXON'S OPINIONS ON WILLFUL INFRINGEMENT (Redacted) (Mandell, Steven)
October 14, 2020 Opinion or Order Filing 1625 ORDER signed by the Honorable Virginia M. Kendall on 10/14/2020. TT's Motion to Exclude Testimony of Per Hjartoy #1353 is denied. See Order for further details. Mailed notice(lk, )
October 14, 2020 Opinion or Order Filing 1624 MINUTE entry before the Honorable Virginia M. Kendall. Defendant's motions to seal #1436 , #1452 , #1556 and #1621 are granted. Plaintiff's motion to seal #1458 is granted. Parties are reminded that this Court has ordered that all sealed documents be refiled in redacted form in order to maintain open access to the proceedings. Mailed notice (lk, )
October 7, 2020 Opinion or Order Filing 1623 REPLY by Trading Technologies International, Inc. to sealed response, #1622 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION TO STRIKE PORTIONS OF IB'S SUMMARY JUDGMENT FILINGS THAT ARE NOT AUTHORIZED BY THE LOCAL RULES (Kurcz, Jennifer)
September 30, 2020 Opinion or Order Filing 1622 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to MOTION by Plaintiff Trading Technologies International, Inc. to strike reply, #1537 , reply, #1541 , reply, #1536 , reply, #1539 TRADING TECHNOLOGIES' MOTION TO STRIKE PORTIONS OF IB'S SUMMARY JUDGMENT FILINGS THAT ARE NOT AUTHORI #1594 (Mandell, Steven)
September 30, 2020 Opinion or Order Filing 1621 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal their Opposition to TT's Motion to Strike IBG's Summary Judgment Filings (Dkt. 1594) (Mandell, Steven)
September 28, 2020 Opinion or Order Filing 1620 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion for miscellaneous relief #1366 CORRECTED REPLY IN SUPPORT OF MOTION TO EXCLUDE TESTIMONY OF DR. CRAIG PIRRONG (Redacted) (Mandell, Steven)
September 28, 2020 Opinion or Order Filing 1619 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion for miscellaneous relief #1366 REPLY IN SUPPORT OF MOTION TO EXCLUDE TESTIMONY OF DR. CRAIG PIRRONG (Redacted) (Mandell, Steven)
September 28, 2020 Opinion or Order Filing 1618 REPLY by Defendant Interactive Brokers LLC to Sealed motion #1364 REPLY IN SUPPORT OF MOTION TO EXCLUDE TESTIMONY OF CHRISTOPHER THOMAS (Redacted) (Mandell, Steven)
September 28, 2020 Opinion or Order Filing 1617 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC to sealed document,, #1380 OPPOSITION TO PLAINTIFF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF NO PATENT MISUSE (Redacted) (Mandell, Steven)
September 28, 2020 Opinion or Order Filing 1616 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO PATENT MISUSE #1377 (Redacted) (Mandell, Steven)
September 28, 2020 Opinion or Order Filing 1615 RULE 56.1 STATEMENT OF MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF U.S. PATENT NOS. 6,722,132 AND 6,766,304 UNDER THE DOCTRINE OF EQUIVALENTS Statement by IBG LLC, Interactive Brokers LLC regarding Sealed motion, #1394 (Redacted) (Mandell, Steven)
September 28, 2020 Opinion or Order Filing 1614 MOTION by Defendants IBG LLC, Interactive Brokers LLC for summary judgment of NON-INFRINGEMENT OF U.S. PATENT NOS. 6,722,132 AND 6,766,304 UNDER THE DOCTRINE OF EQUIVALENTS (Redacted) (Mandell, Steven)
September 28, 2020 Opinion or Order Filing 1613 ORDER: Signed by the Honorable M. David Weisman on 9/28/2020. Mailed notice (ao,)
September 28, 2020 Opinion or Order Filing 1612 MINUTE entry before the Honorable M. David Weisman: Following an in camera review of the documents at issue in IBG's privilege log as it relates to the Bernier communications, the Court finds that (1) Document Nos. 1, 2, 4-9, 11-17, and 19 are privileged; and, (2) Document Nos. 3, 10 and 18 are not privileged and shall be produced to plaintiff by 10/6/2020. Enter order. The status hearing set for 9/29/2020 is stricken. All matters relating to the referral of this case having been resolved, this matter is returned to the District Judge. Referral terminated. Mailed notice (ao,)
September 24, 2020 Opinion or Order Filing 1611 REPLY by Defendants IBG LLC, Interactive Brokers LLC to Sealed motion, #1394 CORRECTED REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF UNPATENTABILITY OF NON-INFRINGEMENT OF U.S. PATENT NOS. 6,722,132 AND 6,766,304 UNDER THE DOCTRINE OF EQUIVALENTS (Redacted) (Mandell, Steven)
September 24, 2020 Opinion or Order Filing 1610 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion for summary judgment #1390 CORRECTED REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF NO INFRINGEMENT FOR FOREIGN ACTIVITIES (Redacted) (Mandell, Steven)
September 24, 2020 Opinion or Order Filing 1609 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion for summary judgment #1390 REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF NO INFRINGEMENT FOR FOREIGN ACTIVITIES (Redacted) (Mandell, Steven)
September 23, 2020 Opinion or Order Filing 1608 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Defendants IBG LLC, Interactive Brokers LLC for summary judgment OF NO DIRECT OR INDIRECT INFRINGEMENT FOR FOREIGN ACTIVITIES OF TWS BOOKTRADER #1390 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IB'S MOTION FOR SUMMARY JUDGMENT OF NO INFRINGEMENT FOR FOREIGN ACTIVITIES (Redacted Public Version) (Kurcz, Jennifer)
September 22, 2020 Opinion or Order Filing 1607 MINUTE entry before the Honorable Virginia M. Kendall. Defendant's Unopposed Motion to set a briefing schedule as to Motion to Strike #1594 is granted. Response due by 9/30/2020. Reply due by 10/7/2020. Defendant's Motion to Seal #1602 is granted. Mailed notice (lk, )
September 22, 2020 Opinion or Order Filing 1606 SEALED REPLY by IBG LLC, Interactive Brokers LLC to MOTION by Defendants IBG LLC, Interactive Brokers LLC to strike THE SUPPLEMENTAL EXPERT REPORT OF CHRISTOPHER THOMAS REGARDING IBG'S ALLEGED NONINFRINGING ALTERNATIVES (Filed Under Seal) #1508 REPLY IN SUPPORT OF DEFENDANTS' MOTION TO STRIKE THE SUPPLEMENTAL EXPERT REPORT OF CHRISTOPHER THOMAS REGARDING IBG'S ALLEGED NONINFRINGING ALTERNATIVES (Corrected) (Mandell, Steven)
September 21, 2020 Opinion or Order Filing 1605 SEALED REPLY by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC CORRECTED MOTION TO STRIKE THE EXPERT DECLARATION OF CHRISTOPHER THOMAS FILED IN SUPPORT OF TT'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT #1511 REPLY IN SUPPORT OF ITS CORRECTED MOTION TO STRIKE THE EXPERT DECLARATION OF CHRISTOPHER THOMAS FILED IN SUPPORT OF TT'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT (Mandell, Steven)
September 21, 2020 Opinion or Order Filing 1604 SEALED DOCUMENT by Defendants IBG LLC, Interactive Brokers LLC REPLY IN SUPPORT OF DEFENDANTS' MOTION TO STRIKE THE SUPPLEMENTAL EXPERT REPORT OF CHRISTOPHER THOMAS REGARDING IBG'S ALLEGED NONINFRINGING ALTERNATIVES and Exhibits 1 and 2 to the Declaration of Neil Desai in Support of Reply in Support of Motion to Strike the Supplemental Expert Report of Christopher Thomas (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Mandell, Steven)
September 21, 2020 Opinion or Order Filing 1603 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion to strike, #1508 REPLY IN SUPPORT OF DEFENDANTS' MOTION TO STRIKE THE SUPPLEMENTAL EXPERT REPORT OF CHRISTOPHER THOMAS REGARDING IBG'S ALLEGED NONINFRINGING ALTERNATIVES (Filed Under Seal) (Attachments: #1 Declaration of Neil Desai in Support of Reply in Support of Motion to Strike the Supplemental Expert Report of Christopher Thomas, #2 Exhibit 1 to Declaration (Filed Under Seal), #3 Exhibit 2 to Declaration (Filed Under Seal))(Mandell, Steven)
September 21, 2020 Opinion or Order Filing 1602 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
September 21, 2020 Opinion or Order Filing 1601 MOTION by Defendants IBG LLC, Interactive Brokers LLC to set a briefing schedule REGARDING TT'S MOTION TO STRIKE PORTIONS OF IBG'S SUMMARY JUDGMENT FILINGS (DKT. 1594) (Unopposed) (Mandell, Steven)
September 18, 2020 Opinion or Order Filing 1600 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC to sealed document,, #1374 CORRECTED OPPOSITION TO STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT THAT THE TSE REFERENCE DOES NOT CONSTITUTE PRIOR ART (Redacted) (Mandell, Steven)
September 18, 2020 Opinion or Order Filing 1599 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC to sealed document,, #1374 OPPOSITION TO STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT THAT THE TSE REFERENCE DOES NOT CONSTITUTE PRIOR ART (Redacted) (Mandell, Steven)
September 18, 2020 Opinion or Order Filing 1598 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC to motion for summary judgment #1370 OPPOSITION TO TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT THAT THE TSE REFERENCE DOES NOT CONSTITUTE PRIOR ART (Redacted) (Mandell, Steven)
September 18, 2020 Opinion or Order Filing 1597 REPLY by Defendants IBG LLC, Interactive Brokers LLC to Sealed motion #1363 CORRECTED REPLY IN SUPPORT OF MOTION TO EXCLUDE TESTIMONY OF LARRY S. NIXON (Redacted) (Mandell, Steven)
September 18, 2020 Opinion or Order Filing 1596 REPLY by Defendants IBG LLC, Interactive Brokers LLC to Sealed motion #1363 REPLY IN SUPPORT OF MOTION TO EXCLUDE TESTIMONY OF LARRY S. NIXON (Redacted) (Mandell, Steven)
September 17, 2020 Opinion or Order Filing 1595 REPLY by Trading Technologies International, Inc. to reply, #1524 MEMORANDUM IN SUPPORT OF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO PATENT MISUSE (Redacted Public Version) (Kurcz, Jennifer)
September 16, 2020 Opinion or Order Filing 1594 MOTION by Plaintiff Trading Technologies International, Inc. to strike reply, #1537 , reply, #1541 , reply, #1536 , reply, #1539 TRADING TECHNOLOGIES' MOTION TO STRIKE PORTIONS OF IB'S SUMMARY JUDGMENT FILINGS THAT ARE NOT AUTHORIZED BY THE LOCAL RULES (Attachments: #1 Exhibit A)(Kurcz, Jennifer)
September 16, 2020 Opinion or Order Filing 1593 MINUTE entry before the Honorable M. David Weisman: Magistrate status hearing held. Parties appeared telephonically. For the reasons stated on the record, IBG shall provide the Court with two hard copies of the emails and documents at issue in the privilege log in native form by COB on 9/21/2020. Ruling on the in camera review documents set for 9/29/2020 at 9:15 a.m. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Please note that the Court's conference call-in will be used by all cases that are on the Court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called by the Court. Once the Court has heard your case you shall disconnect from the conference line. Mailed notice (ao,)
September 16, 2020 Opinion or Order Filing 1592 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motions to Seal #1577 , #1579 and #1581 are granted. Mailed notice (lk, )
September 16, 2020 Opinion or Order Filing 1591 MEMORANDUM by Trading Technologies International, Inc. in support of motion for summary judgment #1377 MEMORANDUM IN SUPPORT OF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO PATENT MISUSE (Redacted Public Version) (Kurcz, Jennifer)
September 16, 2020 Opinion or Order Filing 1590 RULE 56 1 Statement by Trading Technologies International, Inc. regarding motion for summary judgment #1389 STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT (Redacted Public Version) (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 11, #9 Exhibit 12, #10 Exhibit 13, #11 Exhibit 14, #12 Exhibit 15, #13 Exhibit 16, #14 Exhibit 17, #15 Exhibit 18, #16 Exhibit 19, #17 Exhibit 20, #18 Exhibit 22)(Kurcz, Jennifer)
September 16, 2020 Opinion or Order Filing 1589 MEMORANDUM by Trading Technologies International, Inc. in support of motion for summary judgment #1389 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT (Redacted Public Version) (Kurcz, Jennifer)
September 16, 2020 Opinion or Order Filing 1588 RULE 56 1 Statement by Trading Technologies International, Inc. regarding motion for summary judgment #1381 STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO EQUITABLE ESTOPPEL (Redacted Public Version) (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit 3, #4 Exhibit 4)(Kurcz, Jennifer)
September 16, 2020 Opinion or Order Filing 1587 MEMORANDUM by Trading Technologies International, Inc. in support of motion for summary judgment #1381 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO EQUITABLE ESTOPPEL (Redacted Public Version) (Kurcz, Jennifer)
September 16, 2020 Opinion or Order Filing 1586 RULE 56 1 Statement by Trading Technologies International, Inc. regarding motion for summary judgment, #1359 STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT THAT THE CLAIMS OF THE PATENTS-IN-SUIT ARE PATENT-ELIGIBLE UNDER 35 U.S.C. 101 (Redacted Public Version) (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit 1, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 15, #8 Exhibit 16, #9 Exhibit 17, #10 Exhibit 19, #11 Exhibit 21, #12 Exhibit 25, #13 Exhibit 26, #14 Exhibit 27, #15 Exhibit 28, #16 Exhibit 29, #17 Exhibit 30, #18 Exhibit 31, #19 Exhibit 32, #20 Exhibit 33, #21 Exhibit 34, #22 Exhibit 35, #23 Exhibit 38, #24 Exhibit 42, #25 Exhibit 43, #26 Exhibit 45, #27 Exhibit 46, #28 Exhibit 47)(Kurcz, Jennifer)
September 16, 2020 Opinion or Order Filing 1585 RULE 56 1 Statement by Trading Technologies International, Inc. regarding motion for summary judgment #1370 STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT THAT THE TSE REFERENCE DOES NOT CONSTITUTE PRIOR ART (Public Version) (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 14, #12 Exhibit A)(Kurcz, Jennifer)
September 16, 2020 Opinion or Order Filing 1584 MEMORANDUM sealed document, #1373 by Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MEMORANDUM IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT THAT THE TSE REFERENCE DOES NOT CONSTITUTE PRIOR ART (Redacted Public Version) (Kurcz, Jennifer)
September 15, 2020 Opinion or Order Filing 1583 MOTION by Plaintiff Trading Technologies International, Inc.in limine TT'S MOTION IN LIMINE TO EXCLUDE ANY REFERENCE DURING TRIAL TO THE CBM PROCEEDINGS FOR (1) THE PATENTS-IN-SUIT AND (2) TT PATENTS NOT ASSERTED IN THIS CASE (Public Redacted Version) (Attachments: #1 Exhibit A)(Kurcz, Jennifer)
September 15, 2020 Opinion or Order Filing 1582 REPLY by Trading Technologies International, Inc. to reply, #1564 , reply,, #1526 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT THAT THE CLAIMS OF THE PATENTS-IN-SUIT ARE PATENT-ELIGIBLE UNDER 35 U.S.C. 101 (Public Version) (Kurcz, Jennifer)
September 15, 2020 Opinion or Order Filing 1581 MOTION by Plaintiff Trading Technologies International, Inc. to seal Dkt. Entry 1580 (Kurcz, Jennifer)
September 15, 2020 Opinion or Order Filing 1580 SEALED RESPONSE by Trading Technologies International, Inc. to sealed document, #1510 , MOTION by Defendants IBG LLC, Interactive Brokers LLC to strike THE SUPPLEMENTAL EXPERT REPORT OF CHRISTOPHER THOMAS REGARDING IBG'S ALLEGED NONINFRINGING ALTERNATIVES (Filed Under Seal) #1508 , sealed response, #1576 TT'S OPPOSITION TO IB'S MOTION TO STRIKE PARAGRAPHS 57, 85-86 OF THOMAS SUPPLEMENTAL REPORT ON NON-INFRINGING ALTERNATIVES (Corrected Refiling of Dkt Entry # 1576 with previously unattached exhibits) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Kurcz, Jennifer)
September 14, 2020 Opinion or Order Filing 1579 MOTION by Plaintiff Trading Technologies International, Inc. to seal TT'S OPPOSITION TO IB'S CORRECTED MOTION TO STRIKE THE EXPERT DECLARATION OF CHRISTOPHER THOMAS FILED IN SUPPORT OF TT'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT (Kurcz, Jennifer)
September 14, 2020 Opinion or Order Filing 1578 SEALED RESPONSE by Trading Technologies International, Inc. to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC CORRECTED MOTION TO STRIKE THE EXPERT DECLARATION OF CHRISTOPHER THOMAS FILED IN SUPPORT OF TT'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT #1511 TT'S OPPOSITION TO IB'S CORRECTED MOTION TO STRIKE THE EXPERT DECLARATION OF CHRISTOPHER THOMAS FILED IN SUPPORT OF TT'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kurcz, Jennifer)
September 14, 2020 Opinion or Order Filing 1577 MOTION by Plaintiff Trading Technologies International, Inc. to seal TT'S OPPOSITION TO IB'S MOTION TO STRIKE PARAGRAPHS 57, 85-86 OF THOMAS SUPPLEMENTAL REPORT ON NON-INFRINGING ALTERNATIVES (Kurcz, Jennifer)
September 14, 2020 Opinion or Order Filing 1576 SEALED RESPONSE by Trading Technologies International, Inc. to sealed document, #1510 , MOTION by Defendants IBG LLC, Interactive Brokers LLC to strike THE SUPPLEMENTAL EXPERT REPORT OF CHRISTOPHER THOMAS REGARDING IBG'S ALLEGED NONINFRINGING ALTERNATIVES (Filed Under Seal) #1508 TT'S OPPOSITION TO IB'S MOTION TO STRIKE PARAGRAPHS 57, 85-86 OF THOMAS SUPPLEMENTAL REPORT ON NON-INFRINGING ALTERNATIVES (Kurcz, Jennifer)
September 14, 2020 Opinion or Order Filing 1575 MINUTE entry before the Honorable M. David Weisman: Plaintiff's motion to file under seal #1573 is granted. Mailed notice (ao,)
September 14, 2020 Opinion or Order Filing 1574 MINUTE entry before the Honorable M. David Weisman: Plaintiff's sealed motion for leave to file a response to defendant's reply #1572 is granted. Mailed notice (ao,)
September 14, 2020 Opinion or Order Filing 1573 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR LEAVE TO FILE RESPONSE TO IBG LLC'S AND INTERACTIVE BROKERS LLC'S REPLY REGARDING AUGUST 7, 2020 LETTER TO MAGISTRATE JUDGE WEISMAN (Kurcz, Jennifer)
September 14, 2020 Opinion or Order Filing 1572 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR LEAVE TO FILE RESPONSE TO IBG LLC'S AND INTERACTIVE BROKERS LLC'S REPLY REGARDING AUGUST 7, 2020 LETTER TO MAGISTRATE JUDGE WEISMAN (Kurcz, Jennifer)
September 14, 2020 Opinion or Order Filing 1571 ORDER signed by the Honorable Virginia M. Kendall on 9/14/2020. TT's Motion to Compel ( #1412 and #1413 ) is granted. The Court orders IBG to produce all communications with attorneys or work product related to the Smaguine declaration as well as underlying materials that Smaguine reviewed, was provided, or considered in preparing his declaration. See Order for further details. Mailed notice(lk, )
September 11, 2020 Opinion or Order Filing 1570 REPLY by Plaintiff Trading Technologies International, Inc. to reply,, #1521 TT'S RESPONSE TO IB'S L.R. 56.1 STATEMENT OF ADDITIONAL MATERIAL FACTS IN OPPOSITION TO TT'S MOTION FOR SUMMARY JUDGMENT OF NO EQUITABLE ESTOPPEL (Redacted Public Version) (Kurcz, Jennifer)
September 11, 2020 Opinion or Order Filing 1569 REPLY by Plaintiff Trading Technologies International, Inc. to reply, #1520 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF NO EQUITABLE ESTOPPEL (Redacted Public Version) (Kurcz, Jennifer)
September 11, 2020 Opinion or Order Filing 1568 REPLY by Plaintiff Trading Technologies International, Inc. to reply,, #1529 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S L.R. 56.1 STATEMENT OF ADDITIONAL MATERIAL FACTS TO TT'S MOTION FOR SUMMARY JUDGMENT THAT THE TSE REFERENCE DOES NOT CONSTITUTE PRIOR ART (Redacted Public Version) (Kurcz, Jennifer)
September 11, 2020 Opinion or Order Filing 1567 REPLY by Plaintiff Trading Technologies International, Inc. to reply, #1528 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT THAT THE TSE REFERENCE DOES NOT CONSTITUTE PRIOR ART (Redacted Public Version) (Kurcz, Jennifer)
September 11, 2020 Opinion or Order Filing 1566 REPLY by Plaintiff Trading Technologies International, Inc. to reply,, #1532 TT'S RESPONSE TO IB'S L.R. 56.1 STATEMENT OF ADDITIONAL MATERIAL FACTS IN OPPOSITION TO TT'S MOTION FOR SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT (Redacted Public Version) (Kurcz, Jennifer)
September 11, 2020 Opinion or Order Filing 1565 REPLY by Plaintiff Trading Technologies International, Inc. to reply, #1531 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT (Redacted Public Version) (Kurcz, Jennifer)
September 11, 2020 Opinion or Order Filing 1564 REPLY by Plaintiff Trading Technologies International, Inc. to reply,,, #1527 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S L.R. 56.1 STATEMENT OF ADDITIONAL MATERIAL FACTS TO TT'S MOTION FOR SUMMARY JUDGMENT THAT THE CLAIMS OF THE PATENTS-IN-SUIT ARE PATENT-ELIGIBLE UNDER 35 U.S.C. 101 (Redacted Public Version) (Kurcz, Jennifer)
September 11, 2020 Opinion or Order Filing 1563 REPLY by Plaintiff Trading Technologies International, Inc. to reply, #1519 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS (1) MOTION TO PRECLUDE THE TESTIMONY OF THOMAS F. SMEGAL AS UNTIMELY, OR IN THE ALTERNATIVE, (2) MOTION TO EXCLUDE HIS TESTIMONY UNDER RULE 702 (Redacted Public Version) (Kurcz, Jennifer)
September 11, 2020 Opinion or Order Filing 1562 REPLY by Plaintiff Trading Technologies International, Inc. to reply,, #1522 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF MOTION TO EXCLUDE TESTIMONY OF PER HJART'Y (Redacted Public Version) (Kurcz, Jennifer)
September 11, 2020 Opinion or Order Filing 1561 REPLY by Plaintiff Trading Technologies International, Inc. to reply,, #1523 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY TO DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S OPPOSITION TO TT'S MOTION TO EXCLUDE TESTIMONY OF NICHOLAS GODICI (Redacted Public Version) (Kurcz, Jennifer)
September 10, 2020 Opinion or Order Filing 1560 SEALED REPLY by IBG LLC, Interactive Brokers LLC to MOTION by Defendants IBG LLC, Interactive Brokers LLC for summary judgment OF NO DIRECT OR INDIRECT INFRINGEMENT FOR FOREIGN ACTIVITIES OF TWS BOOKTRADER #1390 CORRECTED REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF NO INFRINGEMENT FOR FOREIGN ACTIVITIES (Attachments: #1 Exhibit (Redline))(Mandell, Steven)
September 10, 2020 Opinion or Order Filing 1559 SEALED REPLY by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF U.S. PATENT NOS. 6,722,132 AND 6,766,304 UNDER THE DOCTRINE OF EQUIVALENTS #1394 CORRECTED REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF UNPATENTABILITY OF NON-INFRINGEMENT OF U.S. PATENT NOS. 6,722,132 AND 6,766,304 UNDER THE DOCTRINE OF EQUIVALENTS (Attachments: #1 Exhibit (Redline))(Mandell, Steven)
September 10, 2020 Opinion or Order Filing 1558 SEALED REPLY by IBG LLC, Interactive Brokers LLC to MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE CERTAIN OPINIONS OF DR. CRAIG PIRRONG #1366 CORRECTED REPLY IN SUPPORT OF MOTION TO EXCLUDE TESTIMONY OF DR. CRAIG PIRRONG (Attachments: #1 Exhibit (Redline))(Mandell, Steven)
September 10, 2020 Opinion or Order Filing 1557 REPLY by Defendants IBG LLC, Interactive Brokers LLC to Sealed motion #1363 CORRECTED REPLY IN SUPPORT OF MOTION TO EXCLUDE TESTIMONY OF LARRY S. NIXON (Attachments: #1 Exhibit (Redline))(Mandell, Steven)
September 10, 2020 Opinion or Order Filing 1556 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
September 10, 2020 Opinion or Order Filing 1555 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion for summary judgment #1387 CORRECTED REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF UNPATENTABILITY OF U.S. PATENT NOS. 7,676,411 AND 7,813,996 UNDER 35 U.S.C. 101 (Attachments: #1 Exhibit (Redline))(Mandell, Steven)
September 10, 2020 Opinion or Order Filing 1554 NOTICE OF CORRECTIONS TO DKTS. 1535, 1514, 1542, 1517 & 1538 by IBG LLC, Interactive Brokers LLC (Mandell, Steven)
September 9, 2020 Opinion or Order Filing 1553 REPLY by Defendants IBG LLC, Interactive Brokers LLC to motion for miscellaneous relief #1365 REPLY IN SUPPORT OF DEFENDANTS' MOTION TO EXCLUDE OPINIONS OF DR. MARK E. HOLDER (Redacted Version) (Mandell, Steven)
September 9, 2020 Opinion or Order Filing 1552 REPLY by Defendants IBG LLC, Interactive Brokers LLC to sealed response,, #1451 REPLY TO TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS' L.R. 56.1 STATEMENT OF MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF U.S. PATENT NOS. 6,722,132 AND 6,766,304 UNDER THE DOCTRINE OF EQUIVALENTS (Redacted Version) (Mandell, Steven)
September 9, 2020 Opinion or Order Filing 1551 REPLY by Defendants IBG LLC, Interactive Brokers LLC to Sealed motion, #1394 REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF UNPATENTABILITY OF NON-INFRINGEMENT OF U.S. PATENT NOS. 6,722,132 AND 6,766,304 UNDER THE DOCTRINE OF EQUIVALENTS (Redacted Version) (Mandell, Steven)
September 8, 2020 Opinion or Order Filing 1550 MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Status hearing set for 9/9/2020 is stricken. Status hearing reset for 1/11/2021 at 9:00 AM. Mailed notice (lk, )
August 31, 2020 Opinion or Order Filing 1549 MINUTE entry before the Honorable M. David Weisman:On the Court's own motion, the status hearing set for 9/1/2020 is stricken and reset to 9/16/2020 at 10:00 a.m. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Please note that the Court's conference call-in will be used by all cases that are on the Court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called by the Court. Once the Court has heard your case you shall disconnect from the conference line. Mailed notice (ao,)
August 31, 2020 Opinion or Order Filing 1548 MINUTE entry before the Honorable M. David Weisman: Defendant's IBG LLC and Interactive Brokers LLC's motion for leave to file under seal #1546 is granted. Mailed notice (ao,)
August 31, 2020 Opinion or Order Filing 1547 SEALED REPLY by IBG LLC, Interactive Brokers LLC to sealed response, #1488 REPLY REGARDING AUGUST 7, 2020 LETTER TO MAGISTRATE JUDGE WEISMAN (Attachments: #1 Exhibit A, #2 Exhibit B)(Mandell, Steven)
August 31, 2020 Opinion or Order Filing 1546 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal their Reply Regarding August 7, 2020 Letter to Magistrate Judge Weisman (Mandell, Steven)
August 31, 2020 Opinion or Order Filing 1545 MINUTE entry before the Honorable Virginia M. Kendall. Defendant's and Plaintiff's Motions to Seal #1507 , #1513 , #1533 and #1534 are granted. Briefing schedule set as to Defendant's Motions to Strike #1508 and #1511 . Response due by 9/14/2020. Reply due by 9/21/2020. Motion #1509 is stricken due to Corrected Motion filed. Motion hearing set for 8/31/2020 is stricken. Parties are reminded to refer to Judge Kendall's website and the notices posted on ECF when noticing up Motions.Mailed notice (lk, )
August 27, 2020 Opinion or Order Filing 1544 SEALED EXHIBIT by Defendants IBG LLC, Interactive Brokers LLC Exhibits 252 and 254 to the Declaration of Christina Dashe in Support of Replies to Motions for Summary Judgment regarding MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal #1534 (Attachments: #1 Exhibit 254)(Mandell, Steven)
August 27, 2020 Opinion or Order Filing 1543 DECLARATION of Christina Dashe regarding reply, #1537 , reply, #1538 , reply, #1535 , reply, #1541 , reply to response to motion, #1542 , reply to response to motion, #1540 , reply, #1536 , reply, #1539 DECLARATION OF CHRISTINA DASHE IN SUPPORT OF DEFENDANTS' REPLY IN SUPPORT OF DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT (Attachments: #1 Exhibit 242, #2 Exhibit 243, #3 Exhibit 244, #4 Exhibit 245, #5 Exhibit 246, #6 Exhibit 247, #7 Exhibit 248, #8 Exhibit 249, #9 Exhibit 250, #10 Exhibit 251, #11 Exhibit 252 (Filed Under Seal), #12 Exhibit 254 (Filed Under Seal))(Mandell, Steven)
August 27, 2020 Opinion or Order Filing 1542 REPLY by IBG LLC, Interactive Brokers LLC to MOTION by Defendants IBG LLC, Interactive Brokers LLC for summary judgment OF UNPATENTABILITY OF U.S. PATENT NOS. 7,676,411 AND 7,813,996 UNDER 35 U.S.C. 101 #1387 , sealed response,, #1447 (Mandell, Steven)
August 27, 2020 Opinion or Order Filing 1541 REPLY by Defendants IBG LLC, Interactive Brokers LLC to Response, #1443 REPLY TO TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO TT'S RESPONSE TO IB'S L.R. 56.1 STATEMENT OF MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF INVALIDITY OF U.S. PATENT NO. 7,676,411 FOR LACK OF WRITTEN DESCRIPTION (Mandell, Steven)
August 27, 2020 Opinion or Order Filing 1540 REPLY by IBG LLC, Interactive Brokers LLC to MOTION by Defendants IBG LLC, Interactive Brokers LLC for summary judgment OF INVALIDITY OF U.S. PATENT NO. 7,676,411 FOR LACK OF WRITTEN DESCRIPTION #1385 , response in opposition to motion,, #1439 (Mandell, Steven)
August 27, 2020 Opinion or Order Filing 1539 SEALED REPLY by IBG LLC, Interactive Brokers LLC to sealed response,, #1456 REPLY TO TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO STATEMENT OF MATERIAL FACTS AND IDENTIFICATION OF ADDITIONAL FACTS IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OF NO DIRECT OR INDIRECT INFRINGEMENT FOR FOREIGN ACTIVITIES OF TWS BOOKTRADER (Mandell, Steven)
August 27, 2020 Opinion or Order Filing 1538 SEALED REPLY by IBG LLC, Interactive Brokers LLC to MOTION by Defendants IBG LLC, Interactive Brokers LLC for summary judgment OF NO DIRECT OR INDIRECT INFRINGEMENT FOR FOREIGN ACTIVITIES OF TWS BOOKTRADER #1390 , sealed response, #1449 (Mandell, Steven)
August 27, 2020 Opinion or Order Filing 1537 SEALED REPLY by IBG LLC, Interactive Brokers LLC to sealed response,, #1448 REPLY TO TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS' LLC'S L.R. 56.1 STATEMENT OF MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF UNPATENTABILITY OF U.S. PATENT NOS. 7,676,411 AND 7,813,996 UNDER 35 U.S.C. 101 (Mandell, Steven)
August 27, 2020 Opinion or Order Filing 1536 SEALED REPLY by IBG LLC, Interactive Brokers LLC to sealed response,, #1451 REPLY TO TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS' L.R. 56.1 STATEMENT OF MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF U.S. PATENT NOS. 6,722,132 AND 6,766,304 UNDER THE DOCTRINE OF EQUIVALENTS (Mandell, Steven)
August 27, 2020 Opinion or Order Filing 1535 SEALED REPLY by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF U.S. PATENT NOS. 6,722,132 AND 6,766,304 UNDER THE DOCTRINE OF EQUIVALENTS #1394 , sealed response,, #1450 (Mandell, Steven)
August 27, 2020 Opinion or Order Filing 1534 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
August 27, 2020 Opinion or Order Filing 1533 MOTION by Plaintiff Trading Technologies International, Inc. to seal Dkt. # 1519, 1520, 1521, 1522, 1523, 1524, 1525, 1526, 1527, 1528, 1529, 1531, 1532 (Kurcz, Jennifer)
August 27, 2020 Opinion or Order Filing 1532 SEALED REPLY by Trading Technologies International, Inc. to reply, #1531 , sealed response, #1461 , MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT #1389 , sealed response, #1497 TT'S RESPONSE TO IB'S L.R. 56.1 STATEMENT OF ADDITIONAL MATERIAL FACTS IN OPPOSITION TO TT'S MOTION FOR SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit 25, #4 Exhibit 26)(Kurcz, Jennifer)
August 27, 2020 Opinion or Order Filing 1531 SEALED REPLY by Trading Technologies International, Inc. to sealed response, #1460 , MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT #1389 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT (Kurcz, Jennifer)
August 27, 2020 Opinion or Order Filing 1530 REPLY by Trading Technologies International, Inc. to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF BERNARD DONEFER #1357 , sealed response, #1442 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF MOTION TO EXCLUDE TESTIMONY OF BERNARD DONEFER (Kurcz, Jennifer)
August 27, 2020 Opinion or Order Filing 1529 SEALED REPLY by Trading Technologies International, Inc. to sealed response, #1454 , reply, #1528 , MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT THAT THE TSE REFERENCE DOES NOT CONSTITUTE PRIOR ART #1370 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S L.R. 56.1 STATEMENT OF ADDITIONAL MATERIAL FACTS TO TT'S MOTION FOR SUMMARY JUDGMENT THAT THE TSE REFERENCE DOES NOT CONSTITUTE PRIOR ART (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit 1)(Kurcz, Jennifer)
August 27, 2020 Opinion or Order Filing 1528 SEALED REPLY by Trading Technologies International, Inc. to sealed response, #1453 , MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT THAT THE TSE REFERENCE DOES NOT CONSTITUTE PRIOR ART #1370 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT THAT THE TSE REFERENCE DOES NOT CONSTITUTE PRIOR ART (Kurcz, Jennifer)
August 27, 2020 Opinion or Order Filing 1527 SEALED REPLY by Trading Technologies International, Inc. to sealed response, #1498 , reply,, #1526 , MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT THAT THE CLAIMS OF THE PATENTS-INSUIT ARE PATENT-ELIGIBLE UNDER 35 U.S.C. 101 #1359 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S L.R. 56.1 STATEMENT OF ADDITIONAL MATERIAL FACTS TO TT'S MOTION FOR SUMMARY JUDGMENT THAT THE CLAIMS OF THE PATENTS-IN-SUIT ARE PATENT-ELIGIBLE UNDER 35 U.S.C. 101 (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10)(Kurcz, Jennifer)
August 27, 2020 Opinion or Order Filing 1526 SEALED REPLY by Trading Technologies International, Inc. to sealed response, #1498 , Response, #1464 , memorandum in support of motion, #1362 , MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT THAT THE CLAIMS OF THE PATENTS-INSUIT ARE PATENT-ELIGIBLE UNDER 35 U.S.C. 101 #1359 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT THAT THE CLAIMS OF THE PATENTS-IN-SUIT ARE PATENT-ELIGIBLE UNDER 35 U.S.C. 101 (Kurcz, Jennifer)
August 27, 2020 Opinion or Order Filing 1525 SEALED REPLY by Trading Technologies International, Inc. to MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO PATENT MISUSE #1377 , reply, #1524 , sealed response, #1463 TT'S RESPONSE TO IB'S L.R. 56.1 STATEMENT OF ADDITIONAL MATERIAL FACTS IN OPPOSITION TO TT'S MOTION FOR SUMMARY JUDGMENT OF NO PATENT MISUSE (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit 19)(Kurcz, Jennifer)
August 27, 2020 Opinion or Order Filing 1524 SEALED REPLY by Trading Technologies International, Inc. to MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO PATENT MISUSE #1377 , sealed response, #1455 , sealed response, #1462 MEMORANDUM IN SUPPORT OF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO PATENT MISUSE (Kurcz, Jennifer)
August 27, 2020 Opinion or Order Filing 1523 SEALED REPLY by Trading Technologies International, Inc. to sealed response, #1444 , sealed response, #1494 , SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF NICHOLAS GODICI #1375 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY TO DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S OPPOSITION TO TT'S MOTION TO EXCLUDE TESTIMONY OF NICHOLAS GODICI (Attachments: #1 Exhibit List, #2 Exhibit F, #3 Exhibit G)(Kurcz, Jennifer)
August 27, 2020 Opinion or Order Filing 1522 SEALED REPLY by Trading Technologies International, Inc. to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF PER HJART'Y #1353 , sealed response, #1440 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF MOTION TO EXCLUDE TESTIMONY OF PER HJART'Y (Attachments: #1 List, #2 12, #3 13, #4 14, #5 15, #6 16, #7 17, #8 18)(Kurcz, Jennifer)
August 27, 2020 Opinion or Order Filing 1521 SEALED REPLY by Trading Technologies International, Inc. to MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO EQUITABLE ESTOPPEL #1381 , reply, #1520 , sealed response, #1457 , sealed response, #1459 TT'S RESPONSE TO IB'S L.R. 56.1 STATEMENT OF ADDITIONAL MATERIAL FACTS IN OPPOSITION TO TT'S MOTION FOR SUMMARY JUDGMENT OF NO EQUITABLE ESTOPPEL (Kurcz, Jennifer)
August 27, 2020 Opinion or Order Filing 1520 SEALED REPLY by Trading Technologies International, Inc. to sealed response, #1496 , MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO EQUITABLE ESTOPPEL #1381 , sealed response, #1457 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF NO EQUITABLE ESTOPPEL (Kurcz, Jennifer)
August 27, 2020 Opinion or Order Filing 1519 SEALED REPLY TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF ITS (1) MOTION TO PRECLUDE THE TESTIMONY OF THOMAS F. SMEGAL AS UNTIMELY, OR IN THE ALTERNATIVE, (2) MOTION TO EXCLUDE HIS TESTIMONY UNDER RULE 702 (Kurcz, Jennifer)
August 27, 2020 Opinion or Order Filing 1518 DECLARATION of Christina Dashe regarding reply #1514 , reply #1515 , reply #1516 , reply #1517 DECLARATION OF CHRISTINA DASHE IN SUPPORT OF DEFENDANTS' REPLY IN SUPPORT OF DEFENDANTS' DAUBERT MOTIONS (Attachments: #1 Exhibit W, #2 Exhibit X)(Mandell, Steven)
August 27, 2020 Opinion or Order Filing 1517 SEALED REPLY by IBG LLC, Interactive Brokers LLC to MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE CERTAIN OPINIONS OF DR. CRAIG PIRRONG #1366 (Mandell, Steven)
August 27, 2020 Opinion or Order Filing 1516 SEALED REPLY by IBG LLC, Interactive Brokers LLC to MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE OPINIONS OF DR. MARK E. HOLDER #1365 (Mandell, Steven)
August 27, 2020 Opinion or Order Filing 1515 SEALED REPLY by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE CERTAIN OPINIONS OF CHRISTOPHER THOMAS #1364 (Mandell, Steven)
August 27, 2020 Opinion or Order Filing 1514 SEALED REPLY by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE LARRY S. NIXON'S OPINIONS ON WILLFUL INFRINGEMENT #1363 (Mandell, Steven)
August 27, 2020 Opinion or Order Filing 1513 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal Replies in Support of Daubert Motions (Mandell, Steven)
August 27, 2020 Opinion or Order Filing 1512 NOTICE of Motion by Steven P. Mandell for presentment of Sealed motion #1511 , motion to strike, #1508 , motion to seal #1507 before Honorable Virginia M. Kendall on 8/31/2020 at 09:00 AM. (Mandell, Steven)
August 27, 2020 Opinion or Order Filing 1511 SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC CORRECTED MOTION TO STRIKE THE EXPERT DECLARATION OF CHRISTOPHER THOMAS FILED IN SUPPORT OF TT'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT (Mandell, Steven)
August 26, 2020 Opinion or Order Filing 1510 SEALED DOCUMENT by Defendants IBG LLC, Interactive Brokers LLC MOTION TO STRIKE THE SUPPLEMENTAL EXPERT REPORT OF CHRISTOPHER THOMAS REGARDING IBG'S ALLEGED NONINFRINGING ALTERNATIVES and Exhibits 1, 3, and 4 to the Declaration of Christina Dashe in Support of Motion to Strike (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 4)(Mandell, Steven)
August 26, 2020 Opinion or Order Filing 1509 SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC EMERGENCY MOTION TO STRIKE THE EXPERT DECLARATION OF CHRISTOPHER THOMAS FILED IN SUPPORT OF TT'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT (Mandell, Steven)
August 26, 2020 Opinion or Order Filing 1508 MOTION by Defendants IBG LLC, Interactive Brokers LLC to strike THE SUPPLEMENTAL EXPERT REPORT OF CHRISTOPHER THOMAS REGARDING IBG'S ALLEGED NONINFRINGING ALTERNATIVES (Filed Under Seal) (Attachments: #1 Declaration of Christina Dashe in Support of Motion to Strike Supplemental Report, #2 Exhibit 1 (Filed Under Seal), #3 Exhibit 2, #4 Exhibit 3 (Filed Under Seal), #5 Exhibit 4 (Filed Under Seal), #6 Exhibit 5)(Mandell, Steven)
August 26, 2020 Opinion or Order Filing 1507 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
August 26, 2020 Opinion or Order Filing 1506 MINUTE entry before the Honorable Virginia M. Kendall. Defendant's and Plaintiff's Motions to Seal #1479 , #1491 and #1504 are granted. Mailed notice (lk, )
August 25, 2020 Opinion or Order Filing 1505 MINUTE entry before the Honorable M. David Weisman: Plaintiff's motion to file under seal #1489 is granted. Mailed notice (ao,)
August 21, 2020 Opinion or Order Filing 1504 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES CORRECTED (1) MOTION TO PRECLUDE THE TESTIMONY OF THOMAS F. SEMGAL, JR. AS UNTIMELY, OR IN THE ALTERNATVE, (2) MOTION TO EXCLUDE HIS TESTIMONY UNDER RULE 702 (Kurcz, Jennifer)
August 21, 2020 Opinion or Order Filing 1503 SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES CORRECTED (1) MOTION TO PRECLUDE THE TESTIMONY OF THOMAS F. SEMGAL, JR. AS UNTIMELY, OR IN THE ALTERNATVE, (2) MOTION TO EXCLUDE HIS TESTIMONY UNDER RULE 702 (Attachments: #1 Redlined Version)(Kurcz, Jennifer)
August 21, 2020 Opinion or Order Filing 1502 NOTICE OF CORRECTION TO DKT. 1355 by Trading Technologies International, Inc. (Kurcz, Jennifer)
August 18, 2020 Opinion or Order Filing 1501 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT THAT THE CLAIMS OF THE PATENTS-INSUIT ARE PATENT-ELIGIBLE UNDER 35 U.S.C. 101 #1359 (Corrected) (Attachments: #1 Exhibit (Redline))(Mandell, Steven)
August 18, 2020 Opinion or Order Filing 1500 SEALED EXHIBIT by Defendants IBG LLC, Interactive Brokers LLC Exhibit H to the Declaration of Christina Dashe in Support of Oppositions to TT's Daubert Motions (Corrected) regarding declaration, #1437 (Attachments: #1 Exhibit V to the Declaration of Christina Dashe in Support of Oppositions to TT"s Daubert Motions (Corrected))(Mandell, Steven)
August 18, 2020 Opinion or Order Filing 1499 SEALED EXHIBIT by Defendants IBG LLC, Interactive Brokers LLC Exhibit 166 to the Declaration of Christina Dashe in Support of Opposition to TT's Motions for Summary Judgment (Corrected) regarding declaration,, #1467 (Mandell, Steven)
August 18, 2020 Opinion or Order Filing 1498 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to sealed document, #1367 OPPOSITION TO STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT THAT THE CLAIMS OF THE PATENTS-IN-SUIT ARE PATENT-ELIGIBLE UNDER 35 U.S.C. 101 (Corrected) (Attachments: #1 Exhibit (Redline))(Mandell, Steven)
August 18, 2020 Opinion or Order Filing 1497 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to sealed document, #1397 OPPOSITION TO STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT (Corrected) (Attachments: #1 Exhibit (Redline))(Mandell, Steven)
August 18, 2020 Opinion or Order Filing 1496 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO EQUITABLE ESTOPPEL #1381 (Corrected) (Attachments: #1 Exhibit (Redline))(Mandell, Steven)
August 18, 2020 Opinion or Order Filing 1495 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to sealed document,, #1374 OPPOSITION TO STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT THAT THE TSE REFERENCE DOES NOT CONSTITUTE PRIOR ART (Corrected) (Attachments: #1 Exhibit (Redline))(Mandell, Steven)
August 18, 2020 Opinion or Order Filing 1494 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF NICHOLAS GODICI #1375 (Corrected) (Attachments: #1 Exhibit (Redline))(Mandell, Steven)
August 18, 2020 Opinion or Order Filing 1493 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES (1) MOTION TO PRECLUDE THE TESTIMONY OF THOMAS F. SEMGAL, JR. AS UNTIMELY, OR IN THE ALTERNATVE, (2) MOTION TO EXCLUDE HIS TESTIMONY UNDER RULE 702 #1355 (Corrected) (Attachments: #1 Exhibit (Redline))(Mandell, Steven)
August 18, 2020 Opinion or Order Filing 1492 DECLARATION of Christina Dashe IN SUPPORT OF DEFENDANTS' OPPOSITIONS TO PLANTIFF'S DAUBERT MOTIONS (Corrected) (Attachments: #1 Exhibit (Redline), #2 Exhibit H (Corrected)(Filed Under Seal), #3 Exhibit V (Corrected)(Filed Under Seal))(Mandell, Steven)
August 18, 2020 Opinion or Order Filing 1491 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
August 18, 2020 Opinion or Order Filing 1490 NOTICE OF CORRECTIONS TO DKTS. 1441, 1444, 1454, 1457, 1461, 1463 and 1464 by IBG LLC, Interactive Brokers LLC (Mandell, Steven)
August 18, 2020 Opinion or Order Filing 1489 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO IBG LLC'S AND INTERACTIVE BROKERS LLC'S AUGUST 7, 2020 LETTER TO MAGISTRATE JUDGE WEISMAN (Kurcz, Jennifer)
August 18, 2020 Opinion or Order Filing 1488 SEALED RESPONSE TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO IBG LLC'S AND INTERACTIVE BROKERS LLC'S AUGUST 7, 2020 LETTER TO MAGISTRATE JUDGE WEISMAN (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kurcz, Jennifer)
August 18, 2020 Opinion or Order Filing 1487 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC to sealed document, #1367 OPPOSITION TO STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT THAT THE CLAIMS OF THE PATENTS-IN-SUIT ARE PATENT-ELIGIBLE UNDER 35 U.S.C. 101 (Redacted Version) (Mandell, Steven)
August 18, 2020 Opinion or Order Filing 1486 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC to sealed document, #1397 OPPOSITION TO STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT (Redacted Version) (Mandell, Steven)
August 13, 2020 Opinion or Order Filing 1485 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES (1) MOTION TO PRECLUDE THE TESTIMONY OF THOMAS F. SEMGAL, JR. AS UNTIMELY, OR IN THE ALTERNATVE, (2) MOTION TO EXCLUDE HIS TESTIMONY UNDER RULE 702 #1355 (Redacted Version) (Mandell, Steven)
August 13, 2020 Opinion or Order Filing 1484 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC to sealed document, #1384 OPPOSITION TO STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO EQUITABLE ESTOPPEL (Redacted Version) (Mandell, Steven)
August 13, 2020 Opinion or Order Filing 1483 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO EQUITABLE ESTOPPEL #1381 (Redacted Version) (Mandell, Steven)
August 13, 2020 Opinion or Order Filing 1482 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF PER HJART'Y #1353 (Redacted Version) (Mandell, Steven)
August 13, 2020 Opinion or Order Filing 1481 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF BERNARD DONEFER #1357 (Redacted Version) (Mandell, Steven)
August 12, 2020 Opinion or Order Filing 1480 REPLY by Trading Technologies International, Inc. to response in opposition to motion,, #1428 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF MOTION TO COMPEL MATERIALS CONSIDERED BY KONSTANTINE SMAGUINE (PUBLIC REDACTED VERSION) (Kurcz, Jennifer)
August 12, 2020 Opinion or Order Filing 1479 MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF MOTION TO COMPEL MATERIALS CONSIDERED BY KONSTANTINE SMAGUINE (Kurcz, Jennifer)
August 12, 2020 Opinion or Order Filing 1478 SEALED REPLY by Trading Technologies International, Inc. to SEALED MOTION by Plaintiff Trading Technologies International, Inc. MOTION TO COMPEL MATERIALS CONSIDERED BY KONSTANTINE SMAGUINE #1412 , response in opposition to motion,, #1428 , MOTION by Plaintiff Trading Technologies International, Inc. to compel MATERIALS CONSIDERED BY KONSTANTINE SMAGUINE #1413 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S REPLY IN SUPPORT OF MOTION TO COMPEL MATERIALS CONSIDERED BY KONSTANTINE SMAGUINE (Attachments: #1 Exhibit 7)(Kurcz, Jennifer)
August 10, 2020 Opinion or Order Filing 1477 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT #1389 (Redacted Version) (Mandell, Steven)
August 10, 2020 Opinion or Order Filing 1476 RESPONSE by IBG LLC, Interactive Brokers LLCin Opposition to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF NICHOLAS GODICI #1375 (Redacted Version) (Mandell, Steven)
August 10, 2020 Opinion or Order Filing 1475 RESPONSE by Plaintiff Trading Technologies International, Inc. to Rule 56 statement, #1392 TT'S RESPONSE TO IB'S L.R. 56.1 STATEMENT OF MATERIAL FACTS AND IDENTIFICATION OF ADDITIONAL FACTS IN OPPOSITION TO IB'S MOTION FOR SUMMARY JUDGMENT OF NO DIRECT OR INDIRECT INFRINGEMENT FOR FOREIGN ACTIVITIES OF TWS BOOKTRADER (REDACTED PUBLIC VERSION) (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit 7, 8, 9, 10, 13, #4 Exhibit 21-29, #5 Exhibit 35-38, 40, 43)(Kurcz, Jennifer)
August 10, 2020 Opinion or Order Filing 1474 MINUTE entry before the Honorable M. David Weisman:Status hearing set for 9/1/2020 at 9:15 a.m. will be conducted by telephone. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Please note that the Court's conference call-in will be used by all cases that are on the Court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called by the Court. Once the Court has heard your case you shall disconnect from the conference line. BECAUSE ALL CASES SET FOR STATUS HEARINGS WILL BE USING THIS CONFERENCE CALL-IN NUMBER, PARTICIPANTS MUST REMAIN ON THE LINE WITH THE MUTE FUNCTION ACTIVATED UNTIL THEIR RESPECTIVE IS CASE IS CALLED. PARTICIPANTS SHALL NOT PLACE THE COURT CONFERENCE CALL ON HOLD OR ATTEMPT OTHER TELEPHONIC FUNCTIONS (E.G. ACCEPTING AN INTRAOFFICE INTERCOM COMMUNICATION, ETC.) DURING THE CONFERENCE CALL AS THIS PRACTICE OFTEN RESULTS IN UNINTENDED CONSEQUENCES SUCH AS MUSIC OR OTHER SOUNDS PROJECTING INTO THE ENTIRE CONFERENCE CALL WHILE THE ALTERNATIVE PHONE USE IS OCCURRING. Mailed notice (ao,)
August 7, 2020 Opinion or Order Filing 1473 RESPONSE by Plaintiff Trading Technologies International, Inc. to sealed document, #1396 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S L.R. 56.1 STATEMENT OF MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF U.S. PATENT NOS. 6,722,132 AND 6,766,304 UNDER THE DOCTRINE OF EQUIVALENTS (REDACTED PUBLIC VERSION) (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit 7)(Kurcz, Jennifer)
August 7, 2020 Opinion or Order Filing 1472 RESPONSE by Trading Technologies International, Inc.in Opposition to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF U.S. PATENT NOS. 6,722,132 AND 6,766,304 UNDER THE DOCTRINE OF EQUIVALENTS #1394 TRADING TECHNOLOGIES INTERNATIONAL INC.'S OPPOSITION TO DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF U.S. PATENT NOS. 6,722,132 AND 6,766,304 UNDER THE DOCTRINE OF EQUIVALENTS (REDACTED PUBLIC VERSION) (Kurcz, Jennifer)
August 7, 2020 Opinion or Order Filing 1471 SEALED EXHIBIT by Defendants IBG LLC, Interactive Brokers LLC regarding MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal #1452 , declaration,, #1467 (Attachments: #1 Exhibit 98, #2 Exhibit 104-113, #3 Exhibit 123, #4 Exhibit 125, #5 Exhibit 129-136, #6 Exhibit 138-143, #7 Exhibit 145-147, #8 Exhibit 155-162, #9 Exhibit 164, #10 Exhibit 166-167, #11 Exhibit 169-171, #12 Exhibit 177-178, #13 Exhibit 180, #14 Exhibit 189-191, #15 Exhibit 193-195, #16 Exhibit 198-208, #17 Exhibit 220, #18 Exhibit 238)(Mandell, Steven)
August 7, 2020 Opinion or Order Filing 1470 EXHIBIT by Defendants IBG LLC, Interactive Brokers LLC Exhibits 193-241 to the Declaration of Christina Dashe regarding declaration,, #1467 (Attachments: #1 Exhibit 196-197, #2 Exhibit 198-208 (Filed Under Seal), #3 Exhibit 209-212, #4 Exhibit 213-219, #5 Exhibit 220 (Filed Under Seal), #6 Exhibit 221-236, #7 Exhibit 237, #8 Exhibit 238 (Filed Under Seal), #9 Exhibit 239-241)(Mandell, Steven)
August 7, 2020 Opinion or Order Filing 1469 EXHIBIT by Defendants IBG LLC, Interactive Brokers LLC Exhibits 154-192 to the Declaration of Christina Dashe regarding declaration,, #1467 (Attachments: #1 Exhibit 155-162 (Filed Under Seal), #2 Exhibit 163, #3 Exhibit 164 (Filed Under Seal), #4 Exhibit 165, #5 Exhibit 166-167 (Filed Under Seal), #6 Exhibit 168, #7 Exhibit 169-171 (Filed Under Seal), #8 Exhibit 172-176, #9 Exhibit 177-178 (Filed Under Seal), #10 Exhibit 179, #11 Exhibit 180 (Filed Under Seal), #12 Exhibit 181-187, #13 Exhibit 188, #14 Exhibit 189-191 (Filed Under Seal), #15 Exhibit 192)(Mandell, Steven)
August 7, 2020 Opinion or Order Filing 1468 EXHIBIT by Defendants IBG LLC, Interactive Brokers LLC Exhibits 123-153 to Declaration of Christina Dashe regarding declaration,, #1467 (Attachments: #1 Exhibit 124, #2 Exhibit 125 (Filed Under Seal), #3 Exhibit 126-128, #4 Exhibit 129-136 (Filed Under Seal), #5 Exhibit 137, #6 Exhibit 138-143 (Filed Under Seal), #7 Exhibit 144, #8 Exhibit 145-147 (Filed Under Seal), #9 Exhibit 148-153)(Mandell, Steven)
August 7, 2020 Opinion or Order Filing 1467 DECLARATION of Christina Dashe regarding sealed response, #1460 , sealed response, #1457 , sealed response, #1455 , sealed response, #1463 , sealed response, #1462 , sealed response, #1453 , sealed response, #1454 , sealed response, #1461 , Response, #1464 , sealed response, #1459 DECLARATION OF CHRISTINA DASHE IN SUPPORT OF DEFENDANTS' OPPOSITIONS TO PLAINTIFF'S MOTIONS FOR SUMMARY JUDGMENT (Attachments: #1 Exhibit 78-80, #2 Exhibit 81-84 (Filed Under Seal), #3 Exhibit 85-97, #4 Exhibit 98 (Filed Under Seal), #5 Exhibit 99-103, #6 Exhibit 104-113 (Filed Under Seal), #7 Exhibit 114-119, #8 Exhibit 120-122)(Mandell, Steven)
August 7, 2020 Opinion or Order Filing 1466 RESPONSE by Plaintiff Trading Technologies International, Inc. to Rule 56 statement, #1388 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S L.R. 56.1 STATEMENT OF MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF UNPATENTABILITY OF U.S. PATENT NOS. 7,676,411 AND 7,813,996 UNDER 35 U.S.C. 101 (PUBLIC) (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Kurcz, Jennifer)
August 6, 2020 Opinion or Order Filing 1465 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT THAT THE CLAIMS OF THE PATENTS-INSUIT ARE PATENT-ELIGIBLE UNDER 35 U.S.C. 101 #1359 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MEMORANDUM IN OPPOSITION OF DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S MOTION FOR SUMMARY JUDGMENT OF UNPATENTABILITY OF U.S. PATENT NOS. 7,676,411 AND 7,813,996 UNDER 35 U.S.C. 101 (PUBLIC) (Kurcz, Jennifer)
August 6, 2020 Opinion or Order Filing 1464 RESPONSE by Defendants IBG LLC, Interactive Brokers LLC to motion for summary judgment, #1359 OPPOSITION TO TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT THAT THE CLAIMS OF THE PATENTS-IN-SUIT ARE PATENT- ELIGIBLE UNDER 35 U.S.C. 101 (Mandell, Steven)
August 6, 2020 Opinion or Order Filing 1463 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to sealed document, #1367 OPPOSITION TO PLAINTIFF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF NO PATENT MISUSE (Mandell, Steven)
August 6, 2020 Opinion or Order Filing 1462 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to sealed document,, #1380 OPPOSITION TO PLAINTIFF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF NO PATENT MISUSE (Mandell, Steven)
August 6, 2020 Opinion or Order Filing 1461 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to sealed document, #1397 OPPOSITION TO STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT (Mandell, Steven)
August 6, 2020 Opinion or Order Filing 1460 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT #1389 (Mandell, Steven)
August 6, 2020 Opinion or Order Filing 1459 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to sealed document, #1384 OPPOSITION TO STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO EQUITABLE ESTOPPEL (Mandell, Steven)
August 6, 2020 Opinion or Order Filing 1458 MOTION by Plaintiff Trading Technologies International, Inc. to seal Docket Entries 1432, 1434, 1435, 1447, 1448, 1449, 1450, 1451, 1456 (Kurcz, Jennifer)
August 6, 2020 Opinion or Order Filing 1457 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO EQUITABLE ESTOPPEL #1381 (Mandell, Steven)
August 6, 2020 Opinion or Order Filing 1456 SEALED RESPONSE by Trading Technologies International, Inc. to Rule 56 statement, #1392 TT'S RESPONSE TO IB'S L.R. 56.1 STATEMENT OF MATERIAL FACTS AND IDENTIFICATION OF ADDITIONAL FACTS IN OPPOSITION TO IB'S MOTION FOR SUMMARY JUDGMENT OF NO DIRECT OR INDIRECT INFRINGEMENT FOR FOREIGN ACTIVITIES OF TWS BOOKTRADER (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit 1-11, #4 Exhibit 12 (Part 1), #5 Exhibit 12 (Part 2), #6 Exhibit 12 (Part 3), #7 Exhibit 13-31, #8 Exhibit 32-43)(Kurcz, Jennifer)
August 6, 2020 Opinion or Order Filing 1455 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT OF NO PATENT MISUSE #1377 (Mandell, Steven)
August 6, 2020 Opinion or Order Filing 1454 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to sealed document,, #1374 OPPOSITION TO STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT THAT THE TSE REFERENCE DOES NOT CONSTITUTE PRIOR ART (Mandell, Steven)
August 6, 2020 Opinion or Order Filing 1453 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to MOTION by Plaintiff Trading Technologies International, Inc. for summary judgment TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR SUMMARY JUDGMENT THAT THE TSE REFERENCE DOES NOT CONSTITUTE PRIOR ART #1370 (Mandell, Steven)
August 6, 2020 Opinion or Order Filing 1452 MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
August 6, 2020 Opinion or Order Filing 1451 SEALED RESPONSE by Trading Technologies International, Inc. to sealed document, #1396 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S L.R. 56.1 STATEMENT OF MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF U.S. PATENT NOS. 6,722,132 AND 6,766,304 UNDER THE DOCTRINE OF EQUIVALENTS (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8)(Kurcz, Jennifer)
August 6, 2020 Opinion or Order Filing 1450 SEALED RESPONSE by Trading Technologies International, Inc. to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF U.S. PATENT NOS. 6,722,132 AND 6,766,304 UNDER THE DOCTRINE OF EQUIVALENTS #1394 TRADING TECHNOLOGIES INTERNATIONAL INC.'S OPPOSITION TO DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF U.S. PATENT NOS. 6,722,132 AND 6,766,304 UNDER THE DOCTRINE OF EQUIVALENTS (Kurcz, Jennifer)
August 6, 2020 Opinion or Order Filing 1449 SEALED RESPONSE by Trading Technologies International, Inc. to MOTION by Defendants IBG LLC, Interactive Brokers LLC for summary judgment OF NO DIRECT OR INDIRECT INFRINGEMENT FOR FOREIGN ACTIVITIES OF TWS BOOKTRADER #1390 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S OPPOSITION TO IB'S MOTION FOR SUMMARY JUDGMENT OF NO INFRINGEMENT FOR FOREIGN ACTIVITIES (Kurcz, Jennifer)
August 6, 2020 Opinion or Order Filing 1448 SEALED RESPONSE by Trading Technologies International, Inc. to Rule 56 statement, #1388 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S RESPONSE TO DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S L.R. 56.1 STATEMENT OF MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF UNPATENTABILITY OF U.S. PATENT NOS. 7,676,411 AND 7,813,996 UNDER 35 U.S.C. 101 (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6)(Kurcz, Jennifer)
August 6, 2020 Opinion or Order Filing 1447 SEALED RESPONSE by Trading Technologies International, Inc. to MOTION by Defendants IBG LLC, Interactive Brokers LLC for summary judgment OF UNPATENTABILITY OF U.S. PATENT NOS. 7,676,411 AND 7,813,996 UNDER 35 U.S.C. 101 #1387 TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MEMORANDUM IN OPPOSITION OF DEFENDANTS IBG LLC AND INTERACTIVE BROKERS LLC'S MOTION FOR SUMMARY JUDGMENT OF UNPATENTABILITY OF U.S. PATENT NOS. 7,676,411 AND 7,813,996 UNDER 35 U.S.C. 101 (Kurcz, Jennifer)
August 6, 2020 Opinion or Order Filing 1446 RESPONSE by Trading Technologies International, Inc.in Opposition to MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE CERTAIN OPINIONS OF DR. CRAIG PIRRONG #1366 TT'S OPPOSITION TO IB'S MOTION TO EXCLUDE CERTAIN OPINIONS OF DR. PIRRONG (PUBLIC) (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 3, #4 Exhibit 4)(Kurcz, Jennifer)
August 6, 2020 Opinion or Order Filing 1445 RESPONSE by Trading Technologies International, Inc.in Opposition to SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE CERTAIN OPINIONS OF CHRISTOPHER THOMAS #1364 TRADING TECHNOLOGIES INTERNATIONAL, INC'S OPPOSTION TO IB'S MOTION TO EXCLUDE CERTAIN OPINIONS OF CHRISTOPHER THOMAS (REDACTED) (Attachments: #1 Exhibit List, #2 Exhibit 2, #3 Exhibit 7)(Kurcz, Jennifer)
August 6, 2020 Opinion or Order Filing 1444 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF NICHOLAS GODICI #1375 (Mandell, Steven)
August 6, 2020 Opinion or Order Filing 1443 RESPONSE by Plaintiff Trading Technologies International, Inc. to Rule 56 statement, #1406 TT'S RESPONSE TO IB'S L.R. 56.1 STATEMENT OF MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF INVALIDITY OF U.S. PATENT NO. 7,676,411 FOR LACK OF WRITTEN DESCRIPTION (Kurcz, Jennifer)
August 6, 2020 Opinion or Order Filing 1442 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION TO EXCLUDE TESTIMONY OF BERNARD DONEFER #1357 (Mandell, Steven)
August 6, 2020 Opinion or Order Filing 1441 SEALED RESPONSE by IBG LLC, Interactive Brokers LLC to SEALED MOTION by Plaintiff Trading Technologies International, Inc. TRADING TECHNOLOGIES (1) MOTION TO PRECLUDE THE TESTIMONY OF THOMAS F. SEMGAL, JR. AS UNTIMELY, OR IN THE ALTERNATVE, (2) MOTION TO EXCLUDE HIS TESTIMONY UNDER RULE 702 #1355 (Mandell, Steven)
August 6, 2020 Opinion or Order Filing 1440