The Complaint: Allegations of Patent Infringement and Misappropriation of Trading Technology
A major U.S. securities exchange group filed a civil action against a competing exchange group and its subsidiaries, alleging infringement of several patents and the misappropriation of proprietary trading technology. The dispute centered on electronic trading systems, including the software architecture and mechanisms used for order matching, routing, and processing. The complainant claimed that the defendant’s trading platforms unlawfully incorporated protected features and innovations originally developed by the complainant and its affiliates.
In response, the defendant sought review of the asserted patents through the Covered Business Method (CBM) review process before the U.S. Patent Trial and Appeal Board (PTAB), arguing that the patents at issue were directed to non-technical, abstract ideas implemented in a financial services context. The PTAB proceedings focused on whether the patents met the standards for subject matter eligibility, novelty, and non-obviousness in light of existing prior art and prevailing industry practices.
The Ask: Trading and Market Infrastructure Expert with Experience in Traditional Floor and Electronic Trading
The petitioner sought an expert with a rare combination of experience in both traditional and modern trading environments. Specifically, they required someone who had worked in floor-based trading, such as pit trading, and who also had a strong technical background in the development and implementation of electronic trading systems.
The expert was expected to consult with the legal team, review source code and prior art, and prepare an expert report. The role included both consulting and testifying responsibilities, with the expectation of deposition and possible trial testimony. The petitioner preferred an expert with a Ph.D. and required prior expert witness experience. The engagement was expected to require more than 100 hours and included travel.
How WIT Was Able to Meet the Expert Need
WIT actively recruited a diverse group of leading experts to support its clients in anticipation of an influx of high-tech intellectual property disputes. For this case, WIT recommended an expert with direct experience in both traditional and modern trading environments, coupled with a strong record as a testifying expert in complex patent matters.
The expert had spent nearly four decades in the financial industry, beginning his career in traditional trading environments and later moving into technology leadership roles focused on the architecture and implementation of modern electronic trading systems. He held senior positions at major financial institutions and led firms specializing in risk management and trading technology.
In addition to this unique combination of industry and technical expertise, he brought substantial litigation experience. He had authored dozens of expert reports and declarations, participated in more than fifty engagements, and provided extensive deposition and trial testimony. His background also included reviewing source code and analyzing prior art in patent proceedings, including in prior CBM reviews involving electronic trading technologies.
This blend of qualifications made him well-suited to support the petitioner’s arguments concerning the evolution and technical underpinnings of trading platforms, as well as to provide clear and credible testimony on the central issues of the case.
How WIT Can Assist in Financial Technology Disputes
WIT’s financial technology expert team is equipped to support matters involving patent infringement, trade secret misappropriation, and other disputes surrounding proprietary trading systems. Our experts bring deep knowledge of both traditional and modern trading environments and are well-versed in the technologies and industry standards at the core of these complex issues. With extensive experience in litigation, our team is positioned to provide critical insight into high-stakes financial technology disputes.