TRADING TECHNOLOGIES INTERN. v. OPEN E CRY, LLC

No. 2012-1583.

728 F.3d 1309 (2013)

TRADING TECHNOLOGIES INTERNATIONAL, INC., Plaintiff-Appellant, v. OPEN E CRY, LLC, and OptionsXpress Holdings, Inc., Defendants-Appellees, and Tradestation Securities, Inc., and Tradestation Group, Inc., Defendants-Appellees, and IBG, LLC, Thinkorswim Group, Inc., TD Ameritrade, Inc., TD Ameritrade Holding Corp., and Interactive Brokers, LLC, Defendants-Appellees, and CQG, INC., and CQGT, LLC, Defendants-Appellees, and Futurepath Trading LLC, Sungard Data Systems, Inc., Sungard Investment Ventures LLC, and GL Trade Americas, Inc., Defendants-Appellees, and Stellar Trading Systems, Ltd., and Stellar Trading Systems, Inc., Defendants-Appellees, and Espeed Markets, LP, BGC Capital Markets, LP, and Eccoware Ltd., Defendants-Appellees, and Rosenthal Collins Group, LLC, Defendant.

United States Court of Appeals, Federal Circuit.

August 30, 2013.


Attorney(s) appearing for the Case

Steven F. Borsand , Trading Technologies International, Inc., of Chicago, IL, argued for plaintiff-appellant. Of counsel on the brief were Leif R. Sigmond, Jr. , Michael D. Gannon , Paul A. Kafadar , and Sarah E. Fendrick , McDonnell Boehnen Hulbert & Berghoff LLP, of Chicago, IL. Of counsel were Jennifer Kurcz and Matthew Sampson.

Anthony B. Ullman , Salans LLP, of New York, NY, argued for all defendants-appellees. With him on the brief for FuturePath Trading, LLC, et al., was Lora A. Moffatt. Of counsel on the brief were Philippe Bennett and Aoife Butler , Alston & Bird, LLP, of New York, NY. On the brief for IBG, LLC, et al., were Michael Brett Levin and Christopher P. Grewe , Wilson Sonsini Goodrich & Rosati, of Palo Alto, CA, and Natalie J. Morgan , of San Diego, CA. On the brief for CQG, Inc., et al., were Adam G. Kelly , William J. Voller , and J. Simone Jones , Loeb & Loeb, LLP, of Chicago, IL. On the brief for eSpeed Markets, LP, et al., was Gary A. Rosen , Law Offices of Gary A. Rosen, P.C., of Ardmore, PA. On the brief for TradeStation Securities, Inc., et al., were David J. Healey , Fish & Richardson P.C., of Houston, TX, and Adam Kessel and Kevin SU , of Boston, MA.

Scott J. Bornstein , Greenberg Traurig, LLP, of New York, NY, for defendants-appellees Open E. Cry, LLC, et al. With him on the brief was James J. Lukas, Jr. , of Chicago, IL.

Laura A. Lydigsen , Brinks Hofer Gilson & Lione, of Chicago, IL, for defendants-appellees, Stellar Trading Systems, Ltd., et al. Of counsel were Ralph J. Gabric and Marc V. Richards.

Before LOURIE and PLAGER, Circuit Judges, and BENSON, District Judge.


LOURIE, Circuit Judge.

In this patent infringement action, Plaintiff-Appellant Trading Technologies International, Inc. ("TT") appeals from the district court's entry of summary judgment that (i) the asserted claims of TT's U.S. Patents 7,676,411 (the "'411 patent"), 7,693,768 (the "'768 patent"), 7,904,374 (the "'374 patent"), and 7,685,055 (the "'055 patent") are invalid for failure to comply with the written description requirement of 35 U.S.C. § 112; and...

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