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Trading Technologies, Inc. v. CQG, Inc. et al.

Representative Claim

  1. A method of placing a trade order for a commodity on an electronic exchange having an inside market with a highest bid price and a lowest ask price, using a graphical user interface and a user input device, said method comprising:

setting a preset parameter for the trade order

displaying market depth of the commodity, through a dynamic display of a plurality of bids and a plurality of asks in the market for the commodity, including at least a portion of the bid and ask quantities of the commodity, the dynamic display being aligned with a static display of prices corresponding thereto, wherein the static display of prices does not move in response to a change in the inside market;

displaying an order entry region aligned with the static display prices comprising a plurality of areas for receiving commands from the user input devices to send trade orders, each area corresponding to a price of the static display of prices; and

selecting a particular area in the order entry region through single action of the user input device with a pointer of the user input device positioned over the particular area to set a plurality of additional parameters for the trade order and send the trade order to the electronic exchange.



Recommendation by Special Master re summary judgment on patent eligibility.

Abstract Idea: No

[T]he claims at issue in both patents profess to solve problems of prior graphical user interface devices (GUIs), in the context of computerized trading, relating to speed, accuracy and usability.

Neither the claims of the ‘304 patent nor the claims of the ‘132 patent are directed to solely “setting, displaying, and selecting” data or information that is visible on the GUI device. Rather, the claims are directed to solving a problem that existed with prior art GUIs, namely, that the best bid and best ask prices would change based on updates received from the market. There was a risk with the prior art GUIs that a trader would miss her intended price as a result of prices changing from under her pointer at the time she clicked on the price cell on the GUI.

CQG has not met its burden of proving by clear and convincing evidence that the patents in suit are directed to an “abstract idea.”

Something More: Yes

As such, even if this Court found that the patents were directed to an abstract idea, under the second part of the Alice test, this Court finds that at least the “static price axis” element of the patents in suit was an “inventive concept,” which eliminated some problems of prior GUIs relating to speed, accuracy and usability, therefore the patents-in-suit claim patent eligible subject matter under the Alice framework. DDR Holdings, 773 F.3d at 1259. When the elements of the claims of both the ‘304 patent and the ‘132 patent are “taken together as an ordered combination, the claims recite an invention that is not merely the routine or conventional use” of computers or the Internet. DDR Holdings, 773 F.3d at 1259. This Court disagrees with CQG’s assessment of DDR Holdings as inapposite. Instead, this Court finds that because the claims of both the ‘132 patent and the ‘304 patent are “necessarily rooted in computer technology in order to overcome a problem specifically arising in the realm of” computers, like the asserted claims in DDR Holdings, the claims here satisfy the requirements of 35 U.S.C. § 101. See 773 F.3d at 1257.