Trading Technologies International, Inc. v. BGC Partners, Inc.
| Trading Technologies International, Inc. |
| 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. |
| Interactive Brokers Group, Inc. and IBG Holdings LLC |
| optionsXpress Holdings, Inc., CQGT, LLC, Open E Cry, LLC, Interactive Brokers LLC, CQG, Inc. and TD Ameritrade Online Holding Corporation |
| 1:2010cv00715 |
| February 3, 2010 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Virginia M Kendall |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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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, )
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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, )
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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)
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Filing 2147
MOTION by Plaintiff Trading Technologies International, Inc. to seal Dkt. 2146 (Kurcz, Jennifer)
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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)
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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, )
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Filing 2144
MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motions to seal #2141 and #2143 are granted. Mailed notice (lk, )
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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)
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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)
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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)
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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)
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Filing 2139
SEALED MOTION by Plaintiff Trading Technologies International, Inc. Exhibit 24 to Dkt. 2138 (Kurcz, Jennifer)
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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)
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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)
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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)
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Filing 2135
MAILED patent report to Patent Trademark Office, Alexandria VA. (rc, )
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Filing 2134
JURY Verdict entered in favor of Trading Technologies International, Inc. and against BGC Partners, Inc.. (Mailed Notice) (RESTRICTED) (rc, )
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Filing 2133
JURY Notes.(air, )
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Filing 2132
ENTERED JUDGMENT Signed by the Honorable Virginia M. Kendall on 9/7/2021. Mailed notice(air, )
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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, )
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Filing 2130
JURY Instructions. (cn).
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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).
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Filing 2128
MOTION by Defendants IBG LLC, Interactive Brokers LLC THIRD JOINT MOTION TO ADMIT AGREED EXHIBITS INTO EVIDENCE (Mandell, Steven)
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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).
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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)
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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).
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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).
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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, )
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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, )
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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)
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Filing 2119
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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Filing 2117
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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Filing 2116
RESPONSE by Plaintiff Trading Technologies International, Inc. to memorandum #2113 TT'S BENCH MEMORANDUM OPPOSING ADMISSION OF DDX5-7 (Kurcz, Jennifer)
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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)
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Filing 2114
OBJECTIONS IB'S OBJECTIONS AND PROPOSALS TO THE COURT'S AUGUST 27, 2021 DRAFT VERDICT FORM (Attachments: #1 Exhibit A)(Mandell, Steven)
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Filing 2113
MEMORANDUM by IBG LLC, Interactive Brokers LLC BENCH MEMORANDUM IN SUPPORT OF ADMITTING DDX 5-7 (Attachments: #1 Exhibit A)(Mandell, Steven)
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Filing 2112
MOTION by Plaintiff Trading Technologies International, Inc. to Exclude PLAINTIFF'S MOTION TO EXCLUDE DEMONSTRATIVE DDX 1-74 (Kurcz, Jennifer)
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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)
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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)
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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)
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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, )
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Filing 2107
MEMORANDUM by IBG LLC, Interactive Brokers LLC IB'S BENCH MEMORANDUM REGARDING CHRISTOPHER THOMAS DEMONSTRATIVES (Mandell, Steven)
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Filing 2106
MEMORANDUM by IBG LLC, Interactive Brokers LLC IB'S BENCH MEMORANDUM REGRADING PROPER SCOPE OF PLAINTIFF'S REBUTTAL CASE (Mandell, Steven)
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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)
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Filing 2098
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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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)
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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)
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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)
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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)
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Filing 2092
SEALED MOTION by Plaintiff Trading Technologies International, Inc. TT'S BENCH MEMORANDUM REGARDING MR. REED'S DEMONSTRATIVES AND EXPECTED TESTIMONY (Kurcz, Jennifer)
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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, )
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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, )
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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, )
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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)
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Filing 2087
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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Filing 2085
MOTION by Defendants IBG LLC, Interactive Brokers LLC JOINT MOTION TO ADMIT AGREED EXHIBITS INTO EVIDENCE (Mandell, Steven)
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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, )
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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, )
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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)
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Filing 2081
MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES' MOTION TO PRECLUDE TESTIMONY AND EXHIBITS OF EARL NEMSER (Kurcz, Jennifer)
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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)
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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, )
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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)
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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)
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Filing 2076
MEMORANDUM by IBG LLC, Interactive Brokers LLC BENCH MEMORANDUM REGARDING CERTAIN OBJECTIONS TO DEPOSITION TESTIMONY (Mandell, Steven)
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Filing 2075
MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES' MOTION TO PRECLUDE TESTIMONY AND EXHIBITS OF DENNIS STETSENKO (Kurcz, Jennifer)
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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)
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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, )
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Filing 2071
MEMORANDUM by Trading Technologies International, Inc. TT'S BENCH MEMORANDUM OBJECTING TO THE EXHIBITS, DEMONSTRATIVES, AND TESTIMONY OF MILAN GALIK (Kurcz, Jennifer)
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 2056
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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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, )
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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)
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Filing 2052
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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Filing 2044
MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motions to seal #1753 and #1777 are granted. Mailed notice (lk, )
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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, )
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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, )
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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)
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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, )
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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, )
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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, )
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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, )
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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, )
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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, ).
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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, ).
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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, )
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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, )
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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)
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Filing 2030
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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Filing 2029
MINUTE entry before the Honorable Virginia M. Kendall. In Court Final Pretrial Conference held on 8/3/2021. Mailed notice (lk, )
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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)
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Filing 2027
MOTION by Plaintiff Trading Technologies International, Inc. to seal Amended Exhibits to Pre-Trial Order [Dkt. 2026] (Kurcz, Jennifer)
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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)
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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)
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Filing 2024
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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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)
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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)
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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)
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Filing 2019
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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Filing 2018
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18518482. (Kaufman, Granville)
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Filing 2017
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18518464. (Siedlak, Sarah)
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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)
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Filing 2015
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18518241. (Blair, Matthew)
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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)
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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)
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Filing 2012
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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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)
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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)
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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)
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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)
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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)
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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, )
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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)
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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)
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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, )
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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, )
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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)
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Filing 1978
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18425373. John F. Murphy (Kurcz, Jennifer)
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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, )
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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)
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Filing 1975
MOTION by Attorney Monika Dudek to withdraw as attorney for Trading Technologies International, Inc.. No party information provided (Kurcz, Jennifer)
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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, )
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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, )
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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).
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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).
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Filing 1970
MINUTE entry before the Honorable Virginia M. Kendall. Defendants' Motion to seal #1968 is granted. Mailed notice (lk, )
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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)
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Filing 1968
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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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)
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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, )
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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)
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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)
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Filing 1962
MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion to Seal #1961 is granted. Mailed notice (lk, )
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Filing 1961
MOTION by Plaintiff Trading Technologies International, Inc. to seal [Draft] Final Pretrial Order [Dkt. 1960] (Kurcz, Jennifer)
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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)
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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)
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Filing 1958
MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion to Seal #1956 is granted. Mailed notice (lk, )
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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)
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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)
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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)
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Filing 1954
PROTECTIVE ORDER signed by the Honorable Virginia M. Kendall on 5/10/2021. Mailed notice(lk, )
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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)
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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, )
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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)
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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)
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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, )
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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)
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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)
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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)
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Filing 1945
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18128461. (Son, Naoya)
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Filing 1944
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18125966. (Reed, Matthew)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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, )
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Filing 1931
ATTORNEY Appearance for Plaintiff Trading Technologies International, Inc. by Stephanie J Nelson (Nelson, Stephanie)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 1909
MOTION by Plaintiff Trading Technologies International, Inc. to seal Dkt. #1904, 1905, 1907, 1908 (Kurcz, Jennifer)
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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)
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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)
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Filing 1906
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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, )
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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)
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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)
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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)
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Filing 1890
MOTION by Defendants IBG LLC, Interactive Brokers LLC AGREED MOTION TO SET BRIEFING SCHEDULE ON MOTION FOR BIFURCATION (Mandell, Steven)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 1882
MOTION by Plaintiff Trading Technologies International, Inc. to seal TRADING TECHNOLOGIES INTERNATIONAL, INC.'S MOTION FOR BIFURCATION (Kurcz, Jennifer)
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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)
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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, )
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 1841
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 1824
MOTION by Plaintiff Trading Technologies International, Inc. to seal Motions in Limine Dkt. #'s 1806, 1808, 1811, 1812, 1820, 1823 (Kurcz, Jennifer)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 1813
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 1805
MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine No. 16 to Preclude Use of Negative Character Evidence (Mandell, Steven)
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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)
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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)
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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)
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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)
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Filing 1800
MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 9 TO PRECLUDE ANY REFERENCE TO OPINION OF COUNSEL (Mandell, Steven)
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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)
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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)
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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)
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Filing 1796
MOTION by Defendants IBG LLC, Interactive Brokers LLCin limine NO. 3 TO PRECLUDE USE OF THIRD PARTY HEARSAY AS EVIDENCE (Mandell, Steven)
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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)
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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)
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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. |
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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,)
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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)
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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, )
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Filing 1788
MOTION by Defendants IBG LLC, Interactive Brokers LLC Joint Motion to Amend Case Schedule (Mandell, Steven)
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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,)
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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,)
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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, )
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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, )
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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,)
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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)
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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)
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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, )
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Filing 1780
MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 1/11/2021 is stricken. Mailed notice (lk, )
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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)
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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)
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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)
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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)
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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, )
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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, )
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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)
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Filing 1772
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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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)
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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)
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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,)
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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,)
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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)
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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)
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Filing 1764
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 1757
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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, )
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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, )
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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, )
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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)
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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)
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Filing 1743
MINUTE entry before the Honorable M. David Weisman: Defendants' motion for leave to file under seal #1736 is granted. Mailed notice (ao,)
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Filing 1742
MINUTE entry before the Honorable M. David Weisman: Defendants' motion for leave to file under seal #1739 is granted. Mailed notice (ao,)
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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)
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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)
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Filing 1739
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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, )
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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)
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Filing 1736
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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Filing 1735
MINUTE entry before the Honorable M. David Weisman:Plaintiff's motion to file under seal #1733 is granted. Mailed notice (ao,)
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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)
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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)
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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)
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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,)
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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)
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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, )
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 1721
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 1713
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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, )
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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, )
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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)
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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,)
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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)
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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)
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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)
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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)
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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, )
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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, )
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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)
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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)
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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, )
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 1674
MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE DAMAGES OPINIONS OF CATHARINE M. LAWTON (Redacted) (Mandell, Steven)
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Filing 1673
MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE CERTAIN DAMAGES OPINIONS OF CHRISTOPHER THOMAS (Redacted) (Mandell, Steven)
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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)
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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, )
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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, )
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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, )
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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)
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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)
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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)
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Filing 1665
SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE DAMAGES OPINIONS OF CATHARINE M. LAWTON (Mandell, Steven)
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Filing 1664
SEALED MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE CERTAIN DAMAGES OPINIONS OF CHRISTOPHER THOMAS (Mandell, Steven)
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Filing 1663
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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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)
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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)
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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)
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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)
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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, )
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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)
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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)
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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)
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Filing 1653
RESPONSE by Defendants IBG LLC, Interactive Brokers LLC IN OPPOSITION TO #1248 REDACTED VERSION OF #1259 (Mandell, Steven)
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Filing 1652
RESPONSE by Defendants IBG LLC, Interactive Brokers LLC IN OPPOSITION TO #1594 REDACTED VERSION OF #1622 (Mandell, Steven)
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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)
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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)
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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)
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Filing 1648
RESPONSE by Defendants IBG LLC, Interactive Brokers LLC IN OPPOSITION TO #1412 REDACTED VERSION OF #1429 (Mandell, Steven)
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Filing 1647
RESPONSE by Defendants IBG LLC, Interactive Brokers LLC IN OPPOSITION TO #1332 REDACTED VERSION OF #1342 (Mandell, Steven)
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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, )
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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, )
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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, )
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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)
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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)
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Filing 1641
RESPONSE by Defendants IBG LLC, Interactive Brokers LLC IN OPPOSITION TO #1308 REDACTED VERSION OF #1325 (Mandell, Steven)
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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, )
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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, )
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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, )
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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, )
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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, )
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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)
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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)
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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)
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Filing 1632
MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE CERTAIN OPINIONS OF CHRISTOPHER THOMAS (Public Version) (Mandell, Steven)
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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)
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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)
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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)
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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)
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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)
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Filing 1626
MOTION by Defendants IBG LLC, Interactive Brokers LLC TO EXCLUDE LARRY S. NIXON'S OPINIONS ON WILLFUL INFRINGEMENT (Redacted) (Mandell, Steven)
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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, )
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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, )
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 1613
ORDER: Signed by the Honorable M. David Weisman on 9/28/2020. Mailed notice (ao,)
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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,)
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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)
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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)
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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)
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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)
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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, )
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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)
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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)
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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)
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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)
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Filing 1602
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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,)
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Filing 1592
MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motions to Seal #1577 , #1579 and #1581 are granted. Mailed notice (lk, )
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 1581
MOTION by Plaintiff Trading Technologies International, Inc. to seal Dkt. Entry 1580 (Kurcz, Jennifer)
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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)
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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)
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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)
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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)
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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)
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Filing 1575
MINUTE entry before the Honorable M. David Weisman: Plaintiff's motion to file under seal #1573 is granted. Mailed notice (ao,)
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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,)
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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)
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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)
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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, )
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 1556
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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Filing 1554
NOTICE OF CORRECTIONS TO DKTS. 1535, 1514, 1542, 1517 & 1538 by IBG LLC, Interactive Brokers LLC (Mandell, Steven)
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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)
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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)
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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)
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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, )
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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,)
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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,)
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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)
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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)
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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, )
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 1534
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 1513
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal Replies in Support of Daubert Motions (Mandell, Steven)
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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)
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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)
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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)
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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)
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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)
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Filing 1507
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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, )
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Filing 1505
MINUTE entry before the Honorable M. David Weisman: Plaintiff's motion to file under seal #1489 is granted. Mailed notice (ao,)
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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)
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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)
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Filing 1502
NOTICE OF CORRECTION TO DKT. 1355 by Trading Technologies International, Inc. (Kurcz, Jennifer)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 1491
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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Filing 1490
NOTICE OF CORRECTIONS TO DKTS. 1441, 1444, 1454, 1457, 1461, 1463 and 1464 by IBG LLC, Interactive Brokers LLC (Mandell, Steven)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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,)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 1458
MOTION by Plaintiff Trading Technologies International, Inc. to seal Docket Entries 1432, 1434, 1435, 1447, 1448, 1449, 1450, 1451, 1456 (Kurcz, Jennifer)
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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)
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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)
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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)
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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)
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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)
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Filing 1452
MOTION by Defendants IBG LLC, Interactive Brokers LLC to seal (Mandell, Steven)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 1440
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