Trading Techs. Int’l, Inc. v. CQG, Inc., No. 05 C 4811, Slip Op. (N.D. Ill.) (Coleman, J.).
Judge Coleman granted plaintiff Trading Technologies’ (“TT”) motion to terminate Markman proceedings in this patent case involving commodities trading software — click here for much more on this case in the Blog’s archives). Defendants (collectively “CQG”) sought construction of numerous terms, after having participated in the prior action brought against former defendant eSpeed which was ultimately appealed to the Federal Circuit. The Court held as follows:
- The Court declined to construe the “static limitation” terms. In the prior case, Judge Moran construed “static limitation” and that construction was reviewed by the Federal Circuit. Because the Federal Circuit decision was binding upon the Court and because CQG had fully participated in that proceeding, the Court would not further construe these terms.
- The Court also declined to construe the “manual re-centering” terms. These terms appear not in the claims, but in Judge Moran’s construction of the static limitation terms. The Court, therefore, declined to construe them for the same reasons that it would not further construe the static limitation terms.
- The Court declined to construe “single action” because it too had already been construed by the Federal Circuit.
Finally, the Court declined to construe “in response … to sending” because the term did not appear in the claims, but in the Federal Circuit’s construction of the claims. The constructions of claim terms do not warrant construction.
The Court also struck some, but not all, of the experts’ opinions based upon trader usage. Trading Techs. Int’l, Inc. v. CQG, Inc., No. 05 C 4811, Slip Op. (N.D. Ill. Sep. 10, 2014) (Coleman, J.).
Judge Coleman granted in part and denied in part defendants’ (collectively “CQG”) motion to strike portions of plaintiff Trading Technologies’ (“TT”) expert reports that allegedly sought to introduce theories and analysis not contained in TT’s Final Infringement Contentions (“FIC”), which were tendered in November 2013.
For certain independent claims, TT failed to supplement its FIC with manual re-centering elements as required by the Federal Circuit’s and the Court’s claim constructions. It was not enough that dependent claims contained an identification of the manual re-centering elements in the accused products and that the “new” arguments for the independent claims were of the same scope. The Court, therefore, struck TT’s experts new opinions as to those limitations.
TT did, however, sufficiently disclose its argument regarding modifying .ini files, even though in its FIC it refers to changing .ini files instead of modifying them. The Court, therefore, denied the motion as to those theories.
TT did not sufficiently disclose its copying arguments related to willfulness. So, those arguments were struck. TT was, however, allowed to have its experts testify as to certain deficiencies in CQG’s noninfringement opinion letters, although not that the letters were a basis for willful infringement.
The Court struck TT’s doctrine of equivalents theory regarding disabling the Market Window because it was not disclosed in the FIC. TT’s argument regarding the state of the DOM Grid, however, was merely a refinement of an argument already in TT’s FIC. So, the arguments were allowed. The Court also struck an argument based upon the use of a ChartTrader and Price Hold features together because it was not sufficiently explained.
The Court also struck some, but not all, of the experts’ opinions based upon trader usage.
On March 5, 2014 from 5:30 to 7:30, the Intellectual Property Law Association of Chicago (IPLAC) is hosting its annual Federal Judicial Panel at the Chicago-Kent College of Law. Margaret Duncan of McDermott, Will & Emery will moderate a panel consisting of N.D. Illinois Judges Coleman, Darrah, and Kendall. The panel will discuss:
- N.D. Illinois 2013-2014 IP litigation trends
- The Supreme Court’s IP docket
- Patent Office litigation and its effect on district courts
- Electronic discovery
The panel costs $30 (members) or $35 (non-members). Register here.