Invalidity dossier
US 8577782
Trading with conditional offers for semi-anonymous participants
Current assignee: Cedar Lane Technologies Inc.
Added 9/28/2026, 7:54:22 PM
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Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
I'll search for authoritative records on this specific patent number.
Let me check specifically for any CAFC 2026 appellate activity.
US Patent 8,577,782 — Summary
Verification note: I searched for the exact number "8577782" (interpreted literally as US 8,577,782). Results returned only this patent; I did not find any similarly-numbered patent records relevant here. Confirmed identifiers below are drawn from the authoritative patent text (Google Patents, fetched 2026-09-28: https://patents.google.com/patent/US8577782/en).
Bibliographic data
| Field | Value |
|---|---|
| Patent number | US 8,577,782 B2 |
| Application no. | US 12/756,929 |
| Publication (pre-grant) | US 2013/0066758 A1 (2013-03-14) |
| Title | "Trading with conditional offers for semi-anonymous participants" |
| Inventor | Christopher R. Petruzzi |
| Original assignee | Individual |
| Current assignee (as recorded) | Cedar Lane Technologies Inc. (per 2025-10-10 and 2025-10-15 reassignment entries) |
| Filing date | 2010-04-08 |
| Priority date | 2010-04-08 |
| Issue date | 2013-11-05 |
| Anticipated expiration | 2030-04-08 |
| Classification | G06Q 40/04 (Trading; Exchange), G06Q 40/00 |
| Examiner | Nigh, James D. |
| Claims | 32 total (independent claims 1, 10, 15, 19, 20, 32) |
| Family continuations | US 14/066,563; US 16/279,218; US 17/679,713 — all abandoned |
Abstract (verbatim)
"According to one embodiment of the present invention, a method for generating conditional offers for semi-anonymous trading participants is provided. According to one embodiment of the present invention, a method comprises associating a trading entity with an identifier; acquiring trade history information including a history of trading transactions associated with said identifier; and receiving an offer from a Liquidity Provider based on said trade history information, said offer being only made to the trading entity associated with one of said identifiers."
Plain-language overview of the independent claims
- Claim 1 (method – taker side): Associate a trading entity (one of several) with an identifier; collect that entity's trade history tied to the identifier; receive a buy/sell offer from a liquidity provider that is based on a profile of that history, where the profile indicates whether the entity's transactions would generate a profit; the offer is made only to that identified entity and is processed through an exchange that handles items with a bid/offer spread. All steps are "processor implemented at least partly in hardware."
- Claim 10 (method – provider side): Acquire the trading history of one of several takers tied to an identifier; build a taker profile indicating whether the taker's transactions would generate a profit; generate a buy/sell offer directed only to that identified taker, processed through a bid/offer-spread exchange.
- Claim 15 (system): A taker unit with a market-order interface; an exchange system (with trade-history feed and trade-offer feed) that handles bid/offer-spread items; and a provider unit with a trade-history profile database (holding a profile of one identified trading entity, including profit-indicating information) plus an offer generator that sends an offer tied to that identifier to the trade-offer feed, where the offer can only be accepted by the entity holding the identifier.
- Claim 19 (computer program product): A non-transitory computer-usable medium whose code performs the claim-1-style sequence — associate an entity with an identifier, acquire identifier-linked trade history, and receive a profit-profile-based, identifier-targeted offer through a bid/offer-spread exchange.
- Claim 20 (method – differentiated pricing): Associate multiple trading entities each with an identifier; acquire trade histories for several identifiers; generate per-entity profiles indicating whether transactions would generate a profit; and generate different buy/sell offers to different entities based on their individual profiles, processed through a bid/offer-spread exchange. (Dependent claims 22–27 add fee/price differentiation and liquidity-provider bidding/rebate mechanics.)
- Claim 32 (method – fee to exchange): Acquire a taker's trading history tied to an identifier; build a profile indicating whether the transactions would generate a profit; and generate an offer to an exchange to make a trade associated with that taker for a predetermined fee paid to the exchange, where the exchange handles bid/offer-spread items.
Key concept common to the independents: the trailing "exchange that processes trading transactions for items having a bid/offer spread" limitation, and the profit-indicating profile element. The specification's core use case is distinguishing "naive" vs. "toxic" traders and adjusting pricing/fees/rebates accordingly (spec at cols. ~6–7).
Legal status and litigation (as of the latest records retrieved)
- Status: "Active – Reinstated." Maintenance fees lapsed (2021-12-13, effective 2021-11-05) and the patent was reinstated on 2023-04-24 via acceptance of a late maintenance fee (PRDP; micro-entity).
- Litigation: Cedar Lane Technologies asserted US 8,577,782 B2 in a large wave of 2025–2026 district-court infringement suits against trading/brokerage and fintech defendants (e.g., E.D. Tex. 2:25-cv-00223/00230 against Cobra Trading; S.D.N.Y. 1:25-cv-09530, 1:25-cv-09533; E.D. Tex. 2:25-cv-01225/01226; S.D.N.Y. 1:26-cv-00299 against Siebert Financial). Most were voluntarily dismissed (with or without prejudice) on early settlement.
- CAFC 2026 dockets: I found no Federal Circuit appellate docket for US 8,577,782 in 2026. The litigation appears to remain at the district-court (first-instance) level, with dismissals before any merits/appeal stage.
Uncertainty flags
- Assignee information reflects recorded assignments (last noted 2025-10-15 to Cedar Lane Technologies Inc.). Assignment records should be verified directly in USPTO Assignment/Patent Center for current ownership.
- I could not locate a CAFC docket specifically tied to this patent; if one exists, it is not reflected in the sources retrieved, and the district-court dockets above do not show an appeal.
- Litigation outcome details (e.g., exact dismissal terms) come from third-party litigation databases and should be confirmed against PACER/court records.
Generated 9/28/2026, 8:22:36 PM
Cases on file (21)
Group view →Specific litigation cases in our database that name US patent 8577782. The free-form analysis below may also discuss cases beyond this list.
Lawsuits filed per year
- Cedar Lane Technologies Inc. v. LaSalle St. Securities, L.L.C.filed Jan 22, 20261:26-cv-00721N.D. Ill.active
Defendants: LaSalle St. Securities, L.L.C.
- Cedar Lane Technologies Inc. v. David Lerner Associates, Inc.filed Jan 13, 20261:26-cv-00183E.D.N.Y.terminated Mar 31, 2026dismissed on settlement
Defendants: David Lerner Associates, Inc.
- Cedar Lane Technologies Inc. v. Siebert Financial Corp.filed Jan 13, 20261:26-cv-00299S.D.N.Y.terminated Apr 23, 2026dismissed with prejudice
Defendants: Siebert Financial Corp.
- Cedar Lane Technologies Inc. v. Bank of America Corporationfiled Dec 17, 20252:25-cv-01225E.D. Tex.terminated Mar 12, 2026dismissed with prejudice
Defendants: Bank of America Corporation
- Cedar Lane Technologies Inc. v. Safra Securities LLCfiled Nov 14, 20251:25-cv-09533S.D.N.Y.terminated Feb 2, 2026voluntarily dismissed without prejudice
Defendants: Safra Securities LLC
- Cedar Lane Technologies Inc. v. First Manhattan Securities LLCfiled Nov 13, 20251:25-cv-09485S.D.N.Y.terminated Dec 30, 2025dismissed
Defendants: First Manhattan Securities LLC
- Cedar Lane Technologies Inc. v. Firstrade Securities Inc.filed Nov 13, 20251:25-cv-06322E.D.N.Y.active
Defendants: Firstrade Securities Inc.
- Cedar Lane Technologies Inc. v. Beech Hill Securities, Inc.filed Sep 22, 20251:25-cv-07840S.D.N.Y.terminated Oct 20, 2025voluntarily dismissed without prejudice
Defendants: Beech Hill Securities, Inc.
- Cedar Lane Technologies Inc. v. Cantor Fitzgerald, L.P.filed Sep 22, 20251:25-cv-07841S.D.N.Y.active
Defendants: Cantor Fitzgerald, L.P.
- Cedar Lane Technologies Inc. v. Clear Street LLCfiled Sep 22, 20251:25-cv-07846S.D.N.Y.dismissed
Defendants: Clear Street LLC
- Cedar Lane Technologies Inc. v. Corinthian Partners, L.L.C.filed Sep 22, 20251:25-cv-07848S.D.N.Y.active
Defendants: Corinthian Partners, L.L.C.
- Cedar Lane Technologies Inc. v. Hilltop Securities Incfiled Feb 25, 20253:25-cv-00483N.D. Tex.terminated Jun 12, 2025dismissed with prejudice
Defendants: Hilltop Securities Inc
- Cedar Lane Technologies Inc. v. FMR LLCfiled Feb 24, 20252:25-cv-00232E.D. Tex.active
Defendants: FMR LLC
- Cedar Lane Technologies Inc. v. The Charles Schwab Corporationfiled Feb 24, 20252:25-cv-00233E.D. Tex.active
Defendants: The Charles Schwab Corporation
- Cedar Lane Technologies Inc. v. Cobra Trading, Inc.filed Feb 19, 20252:25-cv-00223E.D. Tex.active
Defendants: Cobra Trading, Inc.
- W.D. Tex. (Austin Division) and E.D. Tex.not confirmed
Defendants: Alterna Securities, Inc.
- 7:25-cv-00432W.D. Tex.terminated Nov 20, 2025voluntarily dismissed with prejudice
Defendants: Citibank, N.A.
- 1:25-cv-09530S.D.N.Y.voluntarily dismissed without prejudice
Defendants: Middlegate Securities Inc.
- 1:25-cv-15329N.D. Ill.dismissed with prejudice
Defendants: Uhlmann Price Securities, LLC
- 7:25-cv-00148W.D. Tex.active
Defendants: Booking Holdings, Inc.
- 1:25-cv-06327E.D.N.Y.
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
I'll research litigation involving US patent 8577782. Let me start with the patent's own record and then search litigation databases.
This is a large campaign by Cedar Lane Technologies. Let me gather the defendants and details for the specific case numbers listed on the patent record.
Litigation Involving U.S. Patent No. 8,577,782
Patent: US 8,577,782 B2 — "Trading with conditional offers for semi-anonymous participants"
App. No.: 12/756,929 | Filed: 2010-04-08 | Granted: 2013-11-05 | Est. expiry: 2028-04-08 (per Google Patents, "2030-04-08")
Inventor: Christopher R. Petruzzi | Current assignee: Cedar Lane Technologies Inc. (assignment recorded ~Oct 2025)
This patent is not the subject of a single dispute — it is the centerpiece of a large, ongoing assertion campaign by Cedar Lane Technologies, Inc. (a Canadian NPE) against U.S. broker-dealers, banks, and electronic-trading platforms, represented primarily by Rabicoff Law LLC. The overwhelming pattern is a short time-to-dismissal via voluntary or stipulated dismissal, indicating a settlement/licensing model rather than merits litigation.
Caveat on completeness
The authoritative patent record (Google Patents "Family has litigation" list) enumerates ~44 U.S. district court case numbers tied to this patent. I was able to confirm party names/outcomes for the cases below through litigation databases (PACER/Justia/Pacermonitor/PatSnap dockets). I could not confirm captions for every docket number within this session. I flag the unconfirmed ones separately at the end — do not treat that list as exhaustive or as confirmed defendants.
Confirmed cases
| # | Plaintiff | Defendant | Jurisdiction | Case No. | Filed | Status / Outcome |
|---|---|---|---|---|---|---|
| 1 | Cedar Lane Technologies Inc. | Alterna Securities, Inc. | W.D. Tex. | 7:25-cv-00012 | 2025-01-14 | Counterclaim filed; answer to counterclaim 2025-03-04 (docket last retrieved 2025-03-10) |
| 2 | Cedar Lane Technologies Inc. | Cobra Trading, Inc. | E.D. Tex. | 2:25-cv-00223 | 2025-02-19 | Complaint filed; asserted Claim 1 (per complaint analysis) |
| 3 | Cedar Lane Technologies Inc. | FMR LLC | E.D. Tex. | 2:25-cv-00232 | 2025-02-24 | Filed |
| 4 | Cedar Lane Technologies Inc. | The Charles Schwab Corporation | E.D. Tex. | 2:25-cv-00233 | 2025-02-24 | Filed |
| 5 | Cedar Lane Technologies Inc. | Hilltop Securities Inc | N.D. Tex. | 3:25-cv-00483 | 2025-02-25 | Dismissed with prejudice (stipulated), closed 2025-06-12 |
| 6 | Cedar Lane Technologies Inc. | Citibank, N.A. | W.D. Tex. | 7:25-cv-00432 | 2025 | Voluntarily dismissed with prejudice 2025-11-20 (Rule 41(a)(1)(A)(i), self-effectuating) |
| 7 | Cedar Lane Technologies Inc. | Beech Hill Securities, Inc. | S.D.N.Y. | 1:25-cv-07840 | 2025-09-22 | Voluntarily dismissed without prejudice 2025-10-20 |
| 8 | Cedar Lane Technologies Inc. | Cantor Fitzgerald, L.P. | S.D.N.Y. | 1:25-cv-07841 | 2025-09-22 | Filed |
| 9 | Cedar Lane Technologies Inc. | Clear Street LLC | S.D.N.Y. | 1:25-cv-07846 | 2025-09-22 | Claims dismissed with prejudice; counterclaims without prejudice (63 days) |
| 10 | Cedar Lane Technologies Inc. | Corinthian Partners, L.L.C. | S.D.N.Y. | 1:25-cv-07848 | 2025-09-22 | Filed |
| 11 | Cedar Lane Technologies Inc. | First Manhattan Securities LLC | S.D.N.Y. | 1:25-cv-09485 | 2025-11-13 | Claims dismissed with prejudice; counterclaims without prejudice via joint stipulation, closed 2025-12-30 (47 days) |
| 12 | Cedar Lane Technologies Inc. | Firstrade Securities Inc. | E.D.N.Y. | 1:25-cv-06322 | 2025-11-13 | Filed; defendant corporate disclosure 2025-12-15 |
| 13 | Cedar Lane Technologies Inc. | Safra Securities LLC | S.D.N.Y. | 1:25-cv-09533 | 2025-11-14 | Voluntarily dismissed without prejudice, closed 2026-02-02 (80 days) |
| 14 | Cedar Lane Technologies Inc. | Middlegate Securities Inc. | S.D.N.Y. | 1:25-cv-09530 | ~Nov 2025 | Voluntarily dismissed without prejudice (52 days), closed Jan 2026 |
| 15 | Cedar Lane Technologies Inc. | Bank of America Corporation | E.D. Tex. | 2:25-cv-01225 | 2025-12-17 | Dismissed with prejudice (joint stipulation), terminated 2026-03-12 |
| 16 | Cedar Lane Technologies Inc. | David Lerner Associates, Inc. | E.D.N.Y. | 1:26-cv-00183 | 2026-01-13 | Dismissed on notice of settlement, 2026-03-31 (leave to reopen within 60 days) |
| 17 | Cedar Lane Technologies Inc. | Siebert Financial Corp. | S.D.N.Y. | 1:26-cv-00299 | 2026-01-13 | Dismissed with prejudice, closed 2026-04-23 (100 days) |
| 18 | Cedar Lane Technologies Inc. | LaSalle St. Securities, L.L.C. | N.D. Ill. | 1:26-cv-00721 | 2026-01-22 | Filed (complaint + claim chart for US 8,577,782) |
| 19 | Cedar Lane Technologies Inc. | Uhlmann Price Securities, LLC | N.D. Ill. | 1:25-cv-15329 | 2025 | Dismissed with prejudice (pre-answer) |
| 20 | Cedar Lane Technologies Inc. | Booking Holdings, Inc. | W.D. Tex. | 7:25-cv-00148 | 2025 | Filed (Stanford NPE database) |
Docket numbers listed on the patent record for which I could not confirm a caption
These case numbers appear in the Google Patents "litigation" list for US 8,577,782 but I could not verify the defendant name or outcome in this session. The patent record does not itself list defendant names, so treat these as open items requiring a PACER pull:
- E.D.N.Y.: 1:25-cv-06327, 1:25-cv-06328, 1:25-cv-06329
- S.D.N.Y.: 1:25-cv-09488, 1:25-cv-09526, 1:25-cv-09529, 1:25-cv-09531, 1:25-cv-09535, 1:25-cv-09538
- S.D.N.Y.: 1:26-cv-00292, 1:26-cv-00294, 1:26-cv-00297
- W.D. Tex.: 7:26-cv-00022, 7:25-cv-00232, 7:25-cv-00233
- S.D. Tex.: 4:25-cv-01095, 4:25-cv-02271
- N.D. Ill.: 1:25-cv-14401, 1:25-cv-14404, 1:25-cv-15327
- E.D. Tex.: 2:25-cv-00230, 2:25-cv-00231, 2:25-cv-01154, 2:25-cv-01226, 2:26-cv-00044
Key observations
One plaintiff throughout: Cedar Lane Technologies, Inc. No other party has asserted this patent. There is also a first worldwide family litigation entry (Darts-ip family ID 47830698) on the patent page, indicating at least one non-U.S. or family-level litigation record, though no foreign case caption is given.
No merits rulings. Across every case with a recorded outcome, resolution was by voluntary/stipulated dismissal. There is no claim construction, validity, or infringement decision on US 8,577,782 in any identified case. The patent remains enforceable and unadjudicated.
Typical outcomes: dismissals are predominantly with prejudice (Cedar Lane's claims), sometimes leaving defendant counterclaims dismissed without prejudice (Clear Street, First Manhattan). A few are voluntary dismissals without prejudice (Beech Hill, Safra, Middlegate).
Venues: concentrated in S.D.N.Y., E.D.N.Y., N.D. Ill., and the Texas districts (W.D./E.D./N.D./S.D. Tex.) — the Delaware and Eastern District of Texas "NPE" hotspots plus New York financial-district courts.
Cited-by art: The one examiner/third-party citation to this patent is US 2014/0279335 A1 (Integral Development Inc., priority 2013-03-15), later US 10,956,977 B2.
Related family: Continuations US 14/066,563 (pub. US 2014/0136386 A1), US 16/279,218 (pub. US 2019/0287172 A1), and US 17/679,713 (pub. US 2023/0281711 A1) are all listed as Abandoned — so US 8,577,782 is the only live member asserted.
Sources
- Google Patents record for US 8,577,782 B2, including the embedded "Family has litigation" Unified Patents / Darts-ip links (source of the docket numbers).
- Justia Dockets: dockets.justia.com (e.g., 2:25-cv-00232; 7:25-cv-00012; N.D. Ill. 1:26-cv-00721).
- Pacermonitor / RPX Empower dockets (1:25-cv-07840; 1:25-cv-07841; 1:25-cv-07848; 2:25-cv-01225; 1:26-cv-00183).
- PatSnap Eureka litigation analyses (1:26-cv-00299; 1:25-cv-07846; 1:25-cv-09485; 1:25-cv-09530; 1:25-cv-09533; 7:25-cv-00432; 1:25-cv-15329; 3:25-cv-00483).
- ExParte AI complaint analyses (E.D. Tex. 2:25-cv-00223; 2:25-cv-00233).
- Stanford NPE Litigation Database (7:25-cv-00148, Booking Holdings).
Bottom line: Litigation involving US 8,577,782 is known and extensive — a ~44-case NPE campaign by Cedar Lane Technologies, Inc. against financial-services and trading-platform defendants, with roughly 20 cases confirmed above and the remainder identified by docket number but not yet caption-verified. No case has produced a merits ruling on the patent. Because new filings appear to be ongoing into 2026, this list should be re-verified against PACER/Unified Patents before being relied upon as complete.
Generated 9/28/2026, 8:22:54 PM
Proceedings on file (0)
All PTAB activity →AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.
Current assignee: Cedar Lane Technologies Inc.
No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.
PTAB challenges
AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.
I'll verify the structured block's "no PTAB activity" finding against public sources before writing anything.
Let me run a few more targeted checks to be reasonably thorough about proceedings that ODP may not have indexed.
PTAB proceedings on US 8,577,782
Verification note: I did not take the structured block's "no proceedings" finding at face value alone. I also ran open-web checks against PTAB E2E-style petition documents, Unified Patents litigation portal references, CourtListener/Federal Circuit sources, and litigation-intelligence write-ups covering the '782 patent. Every source I located is consistent with zero AIA trial activity. One litigation analysis of the parallel assertion campaign states, verbatim in substance: "No inter partes review (IPR) petition or covered business method (CBM) review appears linked to this case, meaning the patent's claims remain intact before the USPTO." I found no proceeding number to report, and per the operating rules I will not invent one.
Proceedings overview
Total AIA trial proceedings on file for US 8,577,782: 0 — zero IPRs, zero PGRs, zero CBMs; therefore zero claims invalidated, zero claims sustained, zero settlements, and zero institution denials. The defensive posture this leaves is the opposite of "hardened": the patent has never been tested at the PTAB, so all 32 claims are live and untested — but equally, no petitioner has burned any prior-art ground, so the entire IPR toolkit is still on the table for you. The real defensive risk here is not a bad PTAB record; it is that the patent is being asserted in a broad, high-volume campaign and that a well-built IPR has simply never been tried.
Proceedings
None. There are no proceeding subsections to report because the USPTO Open Data Portal returns no AIA trial proceedings, and no unindexed proceeding surfaced in web search.
What that "zero" does and does not mean
- Vehicle availability. The '782 patent has an effective filing date of 2010-04-08 (application US12/756,929), which predates the 2013-03-16 first-inventor-to-file cutoff. It is therefore a pre-AIA patent, and Post-Grant Review was never available against it. The only AIA trial vehicles ever available were IPR (available from issue onward, subject to § 315(b)) and CBM review (available from issuance on 2013-11-05 until the CBM transitional program sunset on 2020-09-16, given the patent's G06Q40/04 — Finance/Trading classification). Neither vehicle was used.
- No Federal Circuit appeals exist, because there is no FWD to appeal. I found no CAFC docket or CourtListener entry arising from a PTAB decision on this patent.
- The parallel activity is all district court. Per the structured litigation block, Cedar Lane Technologies Inc. (assignee of record since 2025-10-15, with a chain of assignments via Donald L. Wenskay) is running an active assertion campaign on this patent against broker-dealers and trading firms across S.D.N.Y., E.D. Tex., W.D. Tex., N.D. Tex., N.D. Ill., and T.S.D. Tex. This is an NPE/PAE monetization pattern, not a defensive-aggregator pattern — there is no Unified Patents, RPX, or similar challenger in the chain. Those cases are terminating by stipulated dismissal (several with prejudice), which means defendants are paying to exit rather than funding an IPR.
Strategic summary
Claim status: everything is UNTESTED. The patent has 32 claims. Independent claims are claim 1 (method, Taker-side), claim 10 (method, Provider-side offer generation), claim 15 (system: taker unit / exchange unit / provider unit), claim 19 (computer program product — note it was amended to recite a non-transitory medium), claim 20 (method, differentiated offers across entities, with fee/price sub-combinations in claims 22–27), and claim 32 (method, offer to an exchange for a predetermined fee). No claim of US 8,577,782 has been canceled, confirmed, or construed by the PTAB. Any statement that "claims 1–5 are dead" or that the patent "survived two IPRs" would be false — neither event has occurred. Assertion pleadings in the district court campaign frame the case around claim 1, so that is the claim whose survival matters most to a defendant.
Estoppel landscape: wide open. Because no petitioner has ever filed, § 315(e)(2) estoppel is a null set — no party is barred from any ground. You may raise any § 102/§ 103 ground, including art already before the examiner during prosecution, plus printed publications, patents, and (in district court, though not in an IPR) system/device art. Two timing traps remain: (1) § 315(b) bars an IPR filed more than one year after service of a complaint alleging infringement on you or a privy — so a defendant served long ago may be time-barred from the PTAB and limited to district-court invalidity; note the case law on whether a later with-prejudice dismissal nullifies the triggering service is fact-specific and worth briefing. (2) The 2021–2023 lapse gap: legal events show the patent expired for non-payment effective 2021-11-05, was recorded as lapsed 2021-12-13, and was reinstated 2023-04-27 on a petition to accept late payment (unintentional), with the owner's entity status then set to micro. If you are accused of conduct in the 2021-11-05 → 2023-04-27 window, damages exposure for that window needs separate analysis — I am not stating a legal conclusion here, only flagging that the gap is real and documented in the structured record.
Pattern signals. (i) Same-petitioner serial filing: none — there is no petitioner at all. (ii) Patent owner PTAB aggressiveness: none — Cedar Lane has not had to defend a single AIA trial, which is exactly why the patent still reads as issued. (iii) Defensive aggregator: none. (iv) The most consequential signal is the asymmetry: the owner settles fast (some cases dismissed within 63–107 days, several with prejudice, each side bearing its own fees) and has never been forced into an adversarial validity fight. Trial-stage milestones therefore do not exist — there is no institution deadline, no oral hearing, and no statutory one-year FWD clock running for this patent.
Recommended next steps
- Treat the absence of PTAB activity as the signal, not as comfort. A patent asserted against dozens of defendants in 2025–2026 with zero IPR petitions is a patent whose targets have been buying exits. If you are the first defendant to fund an IPR, you also capture the entire estoppel benefit for the whole defendant pool — there is no prior-petitioner estoppel working against you.
- Anchor the petition on independent claim 1 (the claim the campaign pleads), and if budget permits, take claim 15 (system) and claim 20/32 too. Consider a second petition on the provider-side claims (10, 20, 32) — but file carefully to avoid a General Plastic discretionary-denial problem, since there is no earlier petitioner to piggyback on.
- Mine the patent's own record and family for art. The '782 specification expressly discusses "toxic traders" and profiling them via trade history (col. 6 area), and the family citations include Citadel Investment Group's toxicity/profit-analyser patents — US 7,587,347 ("detecting, tracking and responding to toxic, or likely toxic, orders … using toxicity and/or profit analyzers") and US 7,958,039 ("providing rapid execution of … listed options contracts using toxicity and/or profit analyzers") — plus considered art such as US 2002/0087453 (trading system with anonymous rating of participants) and US 7,143,060 (Omgeo, trading party profiles). These are strong § 103 starting points on the core "profile the taker → generate a conditional, identity-limited offer" concept. I flag these as candidates to evaluate, not as grounds I have mapped to claim elements.
- Watch the § 101 door as well. The claims are processor-implemented methods of profiling counterparties and pricing trades — a Alice/Mayo § 101 challenge is worth scoping in parallel, since § 101 is not an available IPR ground and must be run in district court.
- Check your own § 315(b) clock first. Before committing IPR spend, confirm the date you (or a privy/RPI) were served in any campaign complaint. If you are inside the one-year window, file; if outside, pivot to a district-court invalidity and § 101 strategy.
- Do not rely on this patent's family as an invalidity shortcut. The three continuation applications (US14/066,563 filed 2013-10-29; US16/279,218 filed 2019-02-19; US17/679,713 filed 2022-02-24) were all abandoned, and the parent's anticipated expiration is 2030-04-08. That means the only live asserted right is the '782 itself — concentrate your fire there.
Sources consulted (no PTAB decision exists to link): USPTO Open Data Portal structured "PTAB proceedings on file" block (canonical, returns none); PTAB petition/decision documents surfaced via ptacts.uspto.gov; litigation analyses at patsnap.com and ai-lab.exparte.com describing the '782 assertion campaign and stating no IPR/CBM is linked; RPX Empower docket pages for the S.D.N.Y. cases. If you want a belt-and-suspenders confirmation, run the patent number directly through PTAB E2E / the PTAB "Patent Trial and Appeal Board End-to-End" search and CourtListener's docket API — I could not complete additional live queries within this session, so treat the negative as high-confidence but not certified against those two dockets.
Generated 9/28/2026, 8:23:00 PM
Ownership chain (3)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
? · recorded 2025-10-10 · Assignment
WENSKAY, DonaldCedar Lane Technologies Inc.
transfer-to-asserter
? · recorded 2025-10-15 · Assignment
Christopher R. PetruzziWENSKAY, Donald L.
transfer-to-intermediary
? · recorded 2025-10-15 · Assignment
WENSKAY, Donald L.Cedar Lane Technologies Inc.
chain-of-title papering
Assignment history
Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.
I'll research the assignment record for US 8,577,782 before writing the report.
Let me dig into the assignment records and the Cedar Lane / Wenskay chain.
I was unable to reach the USPTO Assignment Center database directly in this session (my query to the Assignment Center search returned no records, and the Assignment Center UI is not retrievable via the tools available here). The ownership chain below therefore rests on (a) the legal-events reassignment entries on the authoritative Google Patents record for US 8,577,782, and (b) corroborating third-party sources (RPX, Unified Patents, KIPO/IP-Navi, Patsnap litigation records). I do not have verified reel/frame numbers or the recorded correspondent field, and I will not invent them. Every place where that field is normally populated is marked NOT RETRIEVED. Verify at https://assignmentcenter.uspto.gov/ (search "8577782") before relying on this chain.
⚠️ Contradiction flagged up front: The Google Patents reassignment entries show Cedar Lane Technologies Inc. taking title on 2025-10-10 / 2025-10-15 — but Cedar Lane was filing infringement complaints on this patent as plaintiff starting 2025-02-19 (E.D. Tex. 2:25-cv-00223, Cobra Trading). A plaintiff cannot ordinarily sue on a patent it has not yet acquired. Either the displayed reassignment dates are recordation/indexing artifacts rather than the true conveyance dates, or the chain was papered after the campaign began (a standing/chain-of-title fix). This is unresolved on the records I could retrieve and is itself a notable finding. It also contradicts nothing in the prior summary except the implication that the Oct-2025 entries were the acquisition — treat that section's assignee line as "recorded assignee," not "acquisition date."
Inventors
| Inventor | Employer at filing | Basis |
|---|---|---|
| Christopher R. Petruzzi (sole named inventor) | Not determinable / none. The issued patent lists the original assignee as "Individual," i.e., Petruzzi filed pro se as an individual — no corporate employer-assignee ever appears on the face of the patent or in the recorded chain. | Google Patents bibliographic record: Original Assignee = "Individual"; no employer assignment recorded 2010–2025. |
Unusual pattern noted: This is not the classic "all inventors departed the assignee within 12 months" case, because there was never a corporate assignee. Instead the anomaly is the opposite — the patent sat with the individual inventor, unasserted, for ~12 years (issue 2013-11-05 → first recorded transfer activity Oct 2025), and the prosecuting attorney of record (Law Office of Donald L. Wenskay, per Patsnap's prosecution-counsel field) is himself a link in the assignment chain (see timeline). I could not determine Petruzzi's employer, residence, or whether he is still active; no reliable public record was surfaced. Treat as unknown rather than assume.
Original assignee
Christopher R. Petruzzi, as an individual. Not a company.
- Product embodying the claims? No evidence of any. The patent claims a method/system for conditional, profile-based trade offers in electronic markets; the specification is a conceptual trading-system disclosure (FIGS. 1–8), and I found no commercial product, no licensee, and no evidence the inventor practiced it. The patent was never asserted or licensed during the ~12 years it sat with the inventor.
- Primary line of business: Individual inventor; the claimed subject matter is electronic securities/futures trading (CPC G06Q 40/04).
- Current status: Unknown as an operating entity (there is no entity). His rights were conveyed out in Oct 2025 (Petruzzi → Donald L. Wenskay, per Google Patents reassignment entry dated 2025-10-15).
Assignment timeline
Important caveat on this section: The USPTO Assignment Center exposes reel/frame, execution date, recording date, and correspondent of record. I could not retrieve reel/frame or correspondent for any link in this chain. What follows is the reassignment-event data as displayed on the Google Patents legal-events record, which is sourced from the same USPTO assignment dataset. Do not cite the reel/frame figures below — there are none to cite.
There is no recorded pre-issuance assignment (no inventor → employer assignment). The first recorded transfers occur in October 2025, more than 12 years after issue.
1. Inventor → prosecuting attorney
- Executed: NOT RETRIEVED / recorded 2025-10-15 (date as shown on Google Patents legal events) — Reel NOT RETRIEVED
- Conveyance: ASSIGNMENT OF ASSIGNOR'S INTEREST
- Assignor: Christopher R. Petruzzi (inventor)
- Assignee: WENSKAY, Donald L.
- Correspondent: NOT RETRIEVED. (However — the prosecution-counsel field on Patsnap's record for this case reads "LAW OFFICE OF DONALD L. WENSKAY," and a 2017 TTAB filing gives the firm's address as Law Office of Donald L. Wenskay, P.O. Box 7206, Rancho Santa Fe, CA 92067-7206. Because the assignee here IS the prosecuting attorney, expect the correspondent of record on this recording to be Wenskay or his firm — that recurrence should be confirmed at Assignment Center and, if confirmed, is a strong finding.)
- Context: Transfer-to-intermediary — the patent's own prosecution counsel takes title from the individual inventor, i.e., an attorney-as-broker step that sits between the inventor and the eventual asserter.
2. Attorney → NPE
- Executed: NOT RETRIEVED / recorded 2025-10-10 (date as shown; note this precedes the 2025-10-15 entry above in the displayed ordering — likely an ordering/showing artifact, but flagging it) — Reel NOT RETRIEVED
- Conveyance: ASSIGNMENT OF ASSIGNORS INTEREST (SEE DOCUMENT FOR DETAILS)
- Assignor: WENSKAY, Donald
- Assignee: CEDAR LANE TECHNOLOGIES INC.
- Correspondent: NOT RETRIEVED.
- Context: Transfer-to-asserter. Cedar Lane Technologies Inc. is a documented Canadian NPE (see signals below).
3. Confirming/duplicate entry in the same window
- Executed: NOT RETRIEVED / recorded 2025-10-15 — Reel NOT RETRIEVED
- Conveyance: ASSIGNMENT OF ASSIGNOR'S INTEREST
- Assignor: WENSKAY, Donald L.
- Assignee: CEDAR LANE TECHNOLOGIES INC.
- Correspondent: NOT RETRIEVED.
- Context: Chain-of-title papering. Two Wenskay→Cedar Lane conveyances recorded five days apart strongly suggests a corrective/re-recording to cure a defect in the first — consistent with the timeline contradiction flagged above.
Net chain: Petruzzi (individual inventor) → Donald L. Wenskay (prosecuting attorney) → Cedar Lane Technologies Inc. (NPE). There are no recorded security interests, mergers, name changes, licenses, or releases on this patent. There is no intermediate holding LLC (no "IP Holdings," "Licensing," etc.).
Timeline diagram
timeline
title Ownership of US 8577782
2010 : Filed by inventor Christopher R Petruzzi
2013 : Patent issued to individual assignee
2025 : Cedar Lane begins suing on the patent
: Inventor assigns rights to attorney Donald L Wenskay
: Wenskay assigns rights to Cedar Lane Technologies
2030 : Anticipated expiration
NPE / troll-pattern signals
1. Shell-entity transfer — PRESENT (partially; licensing-only entity, not a classic single-purpose shell).
The patent moved from a natural-person inventor straight to a licensing-only NPE. Cedar Lane Technologies Inc. was formed in British Columbia on 2019-04-29 with attorney Greg Benoit as director, and per RPX its complaints/corporate filings list an address corresponding to Pigott & Co., an IP licensing firm; Benoit is the former CEO of monetization firm Patent Armory, and the Korean KIPO/IP-Navi NPE guide records Cedar Lane's address as 560 Baker St, Nelson, BC V1L 4H9 with "NPE 여부: O" (NPE: yes). Caveat: Cedar Lane self-disclosed in court that it has no parent company and no >10% public shareholder (RPX) — so it is a purpose-built assertion vehicle, though I found no evidence of a registered-agent-service address or a single-member LLC structure. Sources: https://litigation.rpxcorp.com/news/59211 ; https://www.ip-navi.or.kr/upload_data/npe_html/2022_NPE_GUIDE.pdf. Supporting reel/frame: NOT RETRIEVED for the Cedar Lane conveyances dated 2025-10-10 / 2025-10-15.
2. Known asserter in the chain — PRESENT.
The current recorded assignee, Cedar Lane Technologies Inc., is squarely a high-frequency NPE plaintiff:
- Unified Patents litigation portal labels Cedar Lane "NPE (Patent Assertion Entity)" on its cases (e.g., E.D. Tex. 2:25-cv-00823; https://portal.unifiedpatents.com/litigation/Texas%20Eastern%20District%20Court/case/2%3A25-cv-00823).
- Unified Patents has litigated against it directly — IPR2020-00006 / Unified Patents, LLC v. Cedar Lane Technologies Inc., PTAB final written decision 2021-02-12 holding a Cedar Lane claim unpatentable (https://www.unifiedpatents.com/insights/2021/2/12/cedar-lane-patent-held-unpatentable).
- RPX has covered Cedar Lane as an NPE running multiple campaigns on former Intellectual Ventures assets (https://litigation.rpxcorp.com/news/59211).
- Per the Guangdong WTO/TBT Q1 2026 U.S. patent-litigation alert, Cedar Lane holds ~203 patent families, has filed ~457 suits total (peak 2022), with 96.63% of concluded cases settled, and has appeared on the top-10 most frequent plaintiffs list 17 times since 2020 (https://gdfairtrade.cn/sitecn/gpmy/info_1625.aspx?id=52289).
- It does not appear on the enumerated classic lists in the prompt (Acacia, Marathon, IV, Wi-LAN, etc.) in this chain — note that Cedar Lane's other patents came from Intellectual Ventures (via AVInnov), but this patent came from the individual inventor, not IV. That distinction should be stated: the IV lineage attaches to Cedar Lane's portfolio generally, not to US 8,577,782 specifically.
3. Repeat correspondent across the chain — PRESENT in substance (role conflict), but recurrence NOT VERIFIABLE.
This is the single most important soft signal here: Donald L. Wenskay is simultaneously (a) the prosecution counsel of record on this patent ("LAW OFFICE OF DONALD L. WENSKAY," per Patsnap's prosecution-counsel field for US 8,577,782) and (b) an intermediate assignee in the chain (assignee of record as of 2025-10-15 per the Google Patents reassignment entry; then assignor to Cedar Lane). An attorney who prosecuted the application later taking title from the inventor and passing it to an NPE is a documented middleman pattern. However, per the prompt's precision rule, I have one data point (this patent) and cannot show the law office recurring across multiple reel/frame entries or across a portfolio — that requires the Assignment Center correspondent field, which is NOT RETRIEVED. Separately, litigation counsel is Isaac Philip Rabicoff (Rabicoff Law LLC, Alexandria, VA; also appearing with DNL Zito) — the KIPO/IP-Navi data shows Rabicoff Law with 1,127 plaintiff-side case appearances for this campaign family, a separate repeat-player but on the litigation side, not the recording side.
4. Cascading transfers — PRESENT (weak-to-moderate).
Two conveyances within a five-day window (2025-10-10 and 2025-10-15) moved the patent inventor → attorney → Cedar Lane. That is a compressed, just-in-time chain-of-title arrangement typical of pre-assertion cleanup. It is not a multi-LLC cascade (no chained shells, no shared-address assignees), so I score this weak-to-moderate rather than strong. Reel/frame for both hops: NOT RETRIEVED.
5. Pre-litigation transfer — UNCLEAR / contradicted.
The assignment dates fall after Cedar Lane's first suits on this patent (earliest complaint found: 2025-02-19, E.D. Tex. 2:25-cv-00223 v. Cobra Trading; also 2:25-cv-00230 filed 2025-02-24; N.D. Tex. 3:25-cv-00483 filed 2025-02-25). Whether the recording post-dates the suits because (i) the true execution dates precede 2025-02-19 but were recorded later, or (ii) the chain was papered retroactively to fix standing, cannot be resolved on the records retrieved. Flagging as unresolved rather than asserting either way.
6. Bankruptcy fire-sale — NOT PRESENT.
No bankruptcy, receivership, or foreclosure records; the transferor was a natural person and then a law office. No Chapter 7/11 linkage found.
7. Privateering — NOT PRESENT.
There is no operating company in this chain transferring patents to an NPE to assert against competitors. The transferor was the inventor personally and then the prosecuting attorney. (Cedar Lane's other patents do bear an IV-privateering flavor, but not this one.)
8. Defensive aggregator (anti-NPE) — NOT PRESENT.
The chain terminates at Cedar Lane Technologies Inc., an active plaintiff, not at RPX / AST / LOT / Unified / OIN. The patent has not been neutralized; to the contrary, it is the subject of an ongoing assertion wave (Cedar Lane's 2026 Q1 filing volume included this patent against financial-services defendants).
Verdict
NPE — high confidence.
Two or more strong signals are met on concrete, citable evidence: (i) the recorded chain moves from the individual inventor through the prosecuting attorney Donald L. Wenskay (Google Patents reassignment entry recorded 2025-10-15) straight to Cedar Lane Technologies Inc. (reassignment entries recorded 2025-10-10 and 2025-10-15), a Canadian entity that Unified Patents expressly classifies as an "NPE (Patent Assertion Entity)" and that RPX/KIPO identify as a purpose-built licensing vehicle (BC incorporation 2019-04-29, director Greg Benoit, address at IP-licensing firm Pigott & Co.); and (ii) the patent is now being asserted en masse, with Cedar Lane filing ~457 suits and 96.63% settling, including a 2025–2026 campaign against broker-dealers and trading firms using this patent (e.g., E.D. Tex. 2:25-cv-00223; N.D. Tex. 3:25-cv-00483; S.D.N.Y. 1:25-cv-09533; S.D.N.Y. 1:26-cv-00299). The supporting reel/frame numbers and recorded correspondent for every link are NOT RETRIEVED in this session — that is the one gap that keeps this from being airtight, and it is also the field (correspondent recurrence) most likely to harden signal #3 if pulled directly.
Verify at: https://assignmentcenter.uspto.gov/ (patent number "8577782") and cross-check https://assignment.uspto.gov/patent/index.html.
What to pull next (highest value first):
- The three Oct-2025 assignment records for US 8,577,782 — capture reel/frame, execution date, and correspondent. The execution dates alone will resolve the pre-litigation-transfer contradiction in signal #5.
- Every USPTO recording where Law Office of Donald L. Wenskay is correspondent — if Wenskay appears across a portfolio of inventor→NPE conveyances, signal #3 upgrades from "role conflict" to a confirmed repeat-player pattern.
- Confirm the Rabicoff Law plaintiff-side docket count and the Cedar Lane complaint wave for this patent to complete the assertion-side picture.
Generated 9/28/2026, 8:23:16 PM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
I'll verify the key prior-art references before characterizing them.
Let me verify a few more cited references.
Verification and scope (read first)
Patent searched: "8577782" — interpreted literally as US 8,577,782 B2 (application US 12/756,929). I did not substitute or auto-correct the number. The record retrieved matches the previously generated summary (title: Trading with conditional offers for semi-anonymous participants; inventor Christopher R. Petruzzi; filed/priority 2010-04-08; issued 2013-11-05; 32 claims; assignee-of-record Cedar Lane Technologies Inc.). Source: https://patents.google.com/patent/US8577782/en.
Date discrepancy flag (unresolved): the session header states today is 2026-09-28, while this task states April 26, 2026. I am not reconciling these; the analysis below does not depend on which is correct.
Method and caveat: The task asks me to work from "each patent citation for 8577782." The authoritative patent text supplies two citation sets on the face of the document: Patent Citations (18) and, separately, Family Cites Families (2) (the two Citadel/Kenneth Griffin references). I treat all 20 as the prior-art set and characterize each. Because the application was filed 2010-04-08, it is pre-AIA; all references published/granted before that date are §102(a)/(b) art, and the two Citadel references additionally qualify as §102(e) art as of their earlier 2004 filing dates even where their patents issued after 2010.
Important analytical caution on §102: Anticipation requires a single reference disclosing every element. The independent claims all carry two distinctive limitations — (i) a profile containing information that indicates whether the entity's transactions would generate a profit, and (ii) the offer being "only made to"/"only directed to" the identified entity and processed through an exchange that processes items having a bid/offer spread. I flag below where a reference is genuinely a §102 candidate versus where it is realistically only §103 (obviousness) material. I state explicitly where I lack high confidence on a reference's internal disclosure, rather than asserting it.
Ranking table (all 20 face-cited references)
| # | Citation | Filed / Priority | Published / Issued | Assignee | §102 candidacy for US 8,577,782 |
|---|---|---|---|---|---|
| 1 | US 7,587,347 B2 — Detecting/tracking/responding to toxic orders using toxicity and/or profit analyzers | 2004-11-30 / priority 2004-10-19 | 2009-09-08 | Citadel Investment Group | Strongest — "profit-indicating" element of claims 1/10/15/19/20/32 |
| 2 | US 7,958,039 B2 — Rapid execution of listed options using toxicity and/or profit analyzers | 2004-11-19 / priority 2004-10-08 | 2011-06-07 | Citadel Investment Group | Strong — same element + exchange execution |
| 3 | US 2002/0087453 A1 — Trading system with anonymous rating of participants | 2001-01-02 | 2002-07-04 | agex.com / Nicolaisen | Moderate — anonymity/semi-anonymity element (claim 2) |
| 4 | US 2002/0004774 A1 — Data analysis system for tracking financial trader history and profiling trading behavior | 2001-03-27 / priority 2000-03-27 | 2002-01-10 | DeFarlo (individual) | Moderate — "generating a profile … based on history" |
| 5 | US 7,143,060 B2 — Trading party profiles in a trade-processing system | 2001-08-16 / priority 2000-02-16 | 2006-11-28 | Omgeo LLC | Moderate — identifier→profile lookup (claim 15 database) |
| 6 | US 2007/0027795 A1 — Using trader lists to route an order with reserved size | 2005-07-29 | 2007-02-01 | Claus (individual) | Moderate — targeted/limited-dissemination routing |
| 7 | US 2006/0229969 A1 — Optimal informed trading with limited competition | 2005-04-12 | 2006-10-12 | Georgakopoulos | Moderate — informed-trading concept |
| 8 | US 6,112,189 A — Automating negotiations between parties | 1997-03-19 | 2000-08-29 | Optimark Technologies | Moderate — offer-generation/negotiation to a party |
| 9 | US 6,421,653 B1 — Electronic trading of financial instruments | 1997-10-14 | 2002-07-16 | Blackbird Holdings | Low–moderate (general electronic trading) |
| 10 | US 7,412,415 B2 — Pair trading system and method | 2001-11-29 | 2008-08-12 | Morgan Stanley | Low (pair trading) |
| 11 | US 2005/0192888 A1 — Instantaneous settlement of a securities transaction | 2003-10-31 | 2005-09-01 | Lennane | Low (settlement) |
| 12 | US 7,113,924 B2 — Electronic spread trading | 2003-12-04 | 2006-09-26 | Trading Technologies Int'l | Low (spread trading) |
| 13 | US 7,752,123 B2 — Order management system for electronic securities trading | 2006-04-28 | 2010-07-06 | Townsend Analytics | Low (OMS) |
| 14 | US 5,497,317 A — Improving speed/reliability of trade settlements | 1993-12-28 | 1996-03-05 | Thomson Trading Services | Low (settlement messaging) |
| 15 | US 2001/0042036 A1 — Investing in customizable investment products | 2000-01-25 | 2001-11-15 | Sanders | Low |
| 16 | US 7,778,920 B2 — Immediately accessible customer account | 2001-03-20 | 2010-08-17 | American Express | Low |
| 17 | US 2002/0138418 A1 — Immediately accessible account (pub. of #16 family) | 2001-03-20 | 2002-09-26 | Zarin | Low |
| 18 | US 2002/0087455 A1 — Global foreign exchange system | 2000-12-30 | 2002-07-04 | Tsagarakis | Low |
| 19 | US 8,311,911 B2 — Global foreign exchange system (granted version of #18 family) | 2000-12-30 | 2012-11-13 | E*Trade Financial | Low |
| 20 | US 2010/0106578 A1 — Shareholder reward system | 2008-10-28 | 2010-04-29 | Allio | Very low (published 19 days after the 2010-04-08 filing — §102(a)/§102(e) only) |
Not prior art (flagged to avoid confusion): the "Cited By" / "Families Citing this family" entries — US 2014/0279335 A1 and US 10,956,977 B2 (Integral Development), US 11,216,874 B2 (JPMorgan), EP 3,576,023 A1 (RBC), CN 113168649 A (CFPH, "Toxicity of transaction networks"), and US 12,530,499 B1 (Cboe, "Liquidity intelligence provider") — all post-date 2010-04-08 and therefore cite rather than anticipate US 8,577,782.
Most relevant prior art — detailed §102 analysis
1. US 7,587,347 B2 — Griffin et al., Citadel Investment Group, L.L.C.
- Title: Computer implemented and/or assisted methods and systems for detecting, tracking and responding to toxic, or likely toxic, orders in an equities order flow using toxicity and/or profit analyzers.
- Filing 2004-11-30; priority 2004-10-19; issued 2009-09-08. Pre-dates the 2010-04-08 filing by ~6 months; §102(b) art on its face and §102(e) art via its 2004 filing.
- Substance (verified): The patent expressly addresses anonymous equities order flows and uses toxicity and/or profit analyzers to detect orders that, if executed, result in "no profit, reduced profit or a loss" to the liquidity-supplying broker-dealer, and to respond — including modifying payment, increasing the fee to the investor, or rewarding a party for supplying a less-toxic flow. Independent claim 1 recites determining "at least one toxicity quotient responsive to the order characteristics, the toxicity quotient defining when the order, if executed, comprises one of no profit, reduced profit or a loss when a wholesaler or a market maker provides market liquidity." URL: https://patents.google.com/patent/[US7587347B2](/patent/US7587347B2)/ (PDF: patentimages…/US7587347.pdf).
- §102 mapping: This is the single best reference on the "profile … indicates whether said trading transactions would generate a profit" element shared by claims 1, 10, 15, 19, 20, and 32. For claim 31 ("using said profile analyzer to analyze said profile to determine whether trading transactions … generated a profit") and claim 18 (profile analyzer determining "whether trading transactions … generated a profit"), it is near-verbatim art.
- Why I do not call it full anticipation: it does not appear to disclose (a) a persistent identifier tied to a semi-anonymous trader that is carried with the trade stream, (b) a profile broadcast/stored against that identifier such that the offer is made only to that identified entity, or (c) an offer that the identified taker alone may accept. Its mechanism is provider-side order screening/rejection. Confidence: moderate-high on the profit/toxic element; low that it alone anticipates any full independent claim under §102.
2. US 7,958,039 B2 — Griffin et al., Citadel Investment Group, L.L.C.
- Title: Computer implemented and/or assisted methods and systems for providing rapid execution of, for example, listed options contracts using toxicity and/or profit analyzers.
- Filing 2004-11-19; priority 2004-10-08; issued 2011-06-07. Issued after the 2010 filing, so not §102(a)/(b); it is §102(e) art as of its 2004-11-19 filing (its disclosure was also published as WO 2006/044429 A3 on 2006-04-27).
- Substance (verified): Same toxicity/profit-analyzer architecture, but for listed options, with "guaranteed, specified and/or predetermined execution prices and/or … execution timeframes." Claim 1 recites a toxicity quotient "indicative of the order having a characteristic of one of no profit, reduced profit, or a loss when at least one of a wholesaler and a market maker provides market liquidity," and routing eligible orders to an options exchange. URL: https://patents.google.com/patent/US7958039 (PDF via freepatentsonline.com/7958039.html).
- §102 mapping: Reinforces the profit-indicating element of claims 1, 10, 20, 32 and adds the exchange dimension. Because it is only §102(e) art, and it is a sibling of US 7,587,347, it is best used in combination with #1. Best §102(e) target: claim 32 (offer to an exchange for a trade), given its express exchange-routing claim language.
3. US 2002/0087453 A1 — Nicolaisen and Tormey (agex.com)
- Title: Trading system with anonymous rating of participants. Filed 2001-01-02; published 2002-07-04. §102(b).
- Substance (verified): An on-line trading exchange where participants set account preferences to generate a table of "preferred, acceptable and unacceptable trading partners," and where "the identity of all sellers may remain unknown" to protect integrity — i.e., trading on a rating produced from activity, under retained anonymity, with targeted counterparty selection. Notably, the disclosed embodiment is commodities (e.g., almonds), not securities. URLs: https://patents.google.com/patent/US20020087453A1 ; eureka-patsnap summary; typeset.io record.
- §102 mapping: Closest art for the "semi-anonymous"/identity-concealment concept of claim 2 ("identifier … does not reveal the personal or institutional identity"), and it bears on the targeting idea in claims 1 and 10. It does not disclose a profit-indicating profile or a liquidity-provider conditional offer, so it is §103 at best for the independents.
4. US 2002/0004774 A1 — DeFarlo ("Defarto")
- Title: Data analysis system for tracking financial trader history and profiling trading behavior. Filed 2001-03-27; priority 2000-03-27; published 2002-01-10. §102(b).
- Substance (verified): Acquires transaction data for a financial instrument, converts it to a trade record, correlates it with external market data, and — as the data base grows — "a profile of trading behavior for each user will be created," used to see "what factors are typically present when traders win and what factors have led to losing trades" (P&L, win ratio, etc.). Independent claim 1 recites acquiring transaction data, converting to a trade record, acquiring external market data, and correlating. URLs: https://patents.google.com/patent/US20020004774 ; https://uspto.report/patent/app/20020004774 ; insight.rpxcorp.com/patent/US20020004774A1.
- §102 mapping: Directly relevant to the "generating a profile of said taker based on history" step of claims 10, 20, 32 and to claim 28 (storing trade history in a database). It does not disclose identifier-restricted offers. Realistically §103 for the profile steps.
5. US 7,143,060 B2 — Omgeo LLC
- Title: Trading party profiles in system for facilitating trade processing and trade management. Filed 2001-08-16; priority 2000-02-16; issued 2006-11-28. §102(b).
- Substance (verified): A database of trading party profiles, retrieved by trading party identification, whose profiles encode acceptable trade parameters and enrichment options, used by a matching program; "each trading party may have a plurality of profiles, from which the system may select depending upon trade criteria." Independent claim 1 recites retrieving a first/second trading party profile based on the respective identifications. URL: https://www.freepatentsonline.com/[7143060](/patent/7143060).html ; insight.rpxcorp.com/patent/US7143060B2.
- §102 mapping: Relevant to claim 15's "trade history profile database … one trading entity … associated with an identifier" and to claim 1's "associating one of a plurality of trading entities with an identifier." But its profile content is acceptable trade parameters, not profit-indication, and there are no conditional offers. §103 material for the identifier→profile-database element; not independent-claim anticipation.
6. US 2007/0027795 A1 — Claus
- Title: System and method for using trader lists in an electronic trading system to route a trading order with a reserved size. Filed 2005-07-29; published 2007-02-01. §102(b).
- Substance (from citation record; disclosure not independently re-verified in this pass — treat characterization as preliminary): Order routing to a defined list of traders with a reserved size, i.e., an order/offer visible to, or reserved for, a specified subset of counterparties.
- §102 mapping: Potentially significant for the limitation that the offer is "only made to"/"only directed to" the identified entity (claims 1, 10, 15, 19). This is the type of reference an examiner would cite for restricted-dissemination offers. I flag lower confidence because I did not retrieve its specification text in this session.
7. US 2006/0229969 A1 — Georgakopoulos
- Title: Method of optimal informed trading with limited competition. Filed 2005-04-12; published 2006-10-12. §102(b). Conceptually close to "informed, semi-anonymous trading" but, per the title, directed to the trader's optimization under limited competition rather than a liquidity-provider conditional offer. Useful §103 "state of the art" evidence on informed trading. (I did not retrieve its full text; characterization is title/date-based and flagged as such.)
8. US 6,112,189 A — Optimark Technologies
- Title: Method and apparatus for automating negotiations between parties. Filed 1997-03-19; issued 2000-08-29. §102(b). Generic art on automated generation of offers/proposals to a party; supports the "generating an offer" step but nothing on identifiers or profit profiles. §103 background.
9–20 (secondary references)
These are predominantly §103 background art and, with the exception of the anonymity/identifier points already covered, I do not assess them as anticipating any independent claim:
- US 6,421,653 B1 (Blackbird, 1997-10-14 / 2002-07-16) — generic electronic trading/matching of financial instruments. Background for the "exchange that processes items having a bid/offer spread" environment.
- US 7,412,415 B2 (Morgan Stanley, 2001-11-29 / 2008-08-12) — pair trading; specific, not on point.
- US 2005/0192888 A1 (Lennane, 2003-10-31 / 2005-09-01) — instant settlement; peripheral.
- US 7,113,924 B2 (Trading Technologies, 2003-12-04 / 2006-09-26) — electronic spread trading; peripheral.
- US 7,752,123 B2 (Townsend Analytics, 2006-04-28 / 2010-07-06) — order-management; peripheral.
- US 5,497,317 A (Thomson Trading Services, 1993-12-28 / 1996-03-05) — settlement messaging speed/reliability; peripheral.
- US 2001/0042036 A1 (Sanders, 2000-01-25 / 2001-11-15) — customizable investment products; peripheral.
- US 7,778,920 B2 and US 2002/0138418 A1 (American Express / Zarin, 2001-03-20) — customer account provisioning; peripheral (the two are the grant and the publication of the same family, so they are duplicative, not additive).
- US 2002/0087455 A1 (Tsagarakis, 2000-12-30 / 2002-07-04) and US 8,311,911 B2 (E*Trade, issued 2012-11-13) — the published application and its grant for a global FX system; duplicative and peripheral to securities bid/offer spread.
- US 2010/0106578 A1 (Allio, 2008-10-28 / published 2010-04-29) — shareholder reward system; because it published one day after the 2010-04-08 filing, it cannot be §102(a) "known or used" art and is essentially non-probative on the face of the record.
Bottom line
- The two Citadel references (US 7,587,347 B2 and US 7,958,039 B2) are the most relevant prior art for US 8,577,782. They disclose the element the patent's claims and specification lean on hardest — a toxicity/profit analysis that classifies trades as yielding "no profit, reduced profit or a loss" — and the specification itself uses that vocabulary (DIFF/SIMPROF/ACTPROF, "toxic" vs. "naive" traders). They are the primary §102/§103 references against claims 1, 10, 15, 18, 19, 20, 31, and 32.
- The strongest §102 candidates are on the narrow, dependent/step-level claims — e.g., claim 31/18 (profit determination) against US 7,587,347, and claim 32 (offer to an exchange) against US 7,958,039 — rather than the full independent claims.
- The distinguishing limitation across all six independent claims (identifier-restricted offer, only accept-able by the identified semi-anonymous entity, through a bid/offer-spread exchange) is not clearly shown in any single cited reference. The best §103 combination would be US 7,587,347 / US 7,958,039 (profit-toxicity profiling) + US 2002/0087453 A1 (anonymous participant rating) + US 7,143,060 B2 (identifier-keyed trading-party profile database), and arguably + US 2007/0027795 A1 (trader-list-targeted routing) for the "only made to" limitation.
- Duplicative citations to note: US 7,778,920 B2 = grant of US 2002/0138418 A1; US 8,311,911 B2 = grant of US 2002/0087455 A1. Each pair counts once.
- Confidence statement: I independently verified the titles/dates/substance for the Citadel pair, DeFarlo (US 2002/0004774), Nicolaisen (US 2002/0087453), and Omgeo (US 7,143,060). For US 2007/0027795 A1 (Claus) and US 2006/0229969 A1 (Georgakopoulos) I did not retrieve the full specifications in this session, so those characterizations are title-and-date-based and are explicitly flagged as lower confidence. If precise §102 mappings to those two are needed, their full texts should be pulled and read.
Sources: patent page https://patents.google.com/patent/US8577782/en (citation table, claims, and specification); Citadel references https://patents.google.com/patent/US7587347B2/ and https://patents.google.com/patent/US7958039 ; https://insight.rpxcorp.com/patent/US7587347B2 ; https://insight.rpxcorp.com/patent/[US7958039B2](/patent/US7958039B2) ; https://patents.google.com/patent/US20020004774 ; https://www.freepatentsonline.com/7143060.html ; https://eureka-patsnap-com.libproxy1.nus.edu.sg/patent-US20020087453A1.
Generated 9/28/2026, 8:23:20 PM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
I'll ground the key prior-art references with targeted searches before building the §103 analysis.
Obviousness Analysis — US 8,577,782 B2 under 35 U.S.C. § 103
Preliminary / contradiction flag. The task header states "Current Date: April 26, 2026," while the system context and the previously generated summary use 2026-09-28. I flag this rather than silently reconciling it. Nothing in the §103 analysis below turns on the difference, but the date of analysis matters for intervening-rights / obviousness-type double-patenting questions on the still-pending family members, so it should be resolved before the analysis is filed.
Source discipline. Per the task, I use the Prior Art section of the patent page (Citations (16)/(18); Family Cites Families (2); Cited By (2)/(2); Families Citing this family (4)). Where I rely on the content of a reference, I have verified it against the reference's own text (search results are cited below). Where I rely only on the title as listed, I say so. I do not import the "Cited By" or "Families Citing" documents into the §103 combination: every one of them post-dates the 2010-04-08 priority date, so they are not prior art against these claims (§102(a)/(b) pre-AIA; they are useful only as evidence of the field's later trajectory and of what was regarded as the contribution).
1. Legal framework
- The application was filed 2010-04-08 and has never been reexamined; pre-AIA §102/§103 governs (AIA §3(n)(1)). Priority is not in dispute.
- Obviousness is measured under Graham v. John Deere Co., 383 U.S. 1 (1966): scope/content of the prior art; differences; PHOSITA level; secondary considerations.
- Where a combination is at issue, the question is whether a PHOSITA would have had a motivation to combine with a reasonable expectation of success, and whether the combination was "predictable" — KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007). KSR recognizes as rationales: (i) combination of prior-art elements according to known methods to yield predictable results; (ii) simple substitution of one known element for another; (iii) use of a known technique to improve a similar device in the same way; (iv) application of a known technique to a known device ready for improvement; (v) "obvious to try" in a finite, identified field with predictable solutions; (vi) design incentives and market forces.
- PHOSITA here: a person with a working knowledge of electronic securities-exchange order handling, market microstructure (bid/ask spread, adverse selection, order-flow toxicity), and routine database/profiling software — an "ordinary artisan" in G06Q 40/04.
- Admitted prior art: the specification itself recites the industry background that "all exchanges charge fees to Liquidity Takers, typically about three tenths of a cent ($0.003)," pay "rebates to Liquidity Providers (usually $0.002 and higher)," and the SEC "full cents" quoting rule. Statements in a specification describing the state of the art are admissions usable as prior art. Constant v. Advanced Micro-Devices, Inc., 848 F.2d 1560, 1570 (Fed. Cir. 1988); In re Fout, 675 F.2d 297 (CCPA 1982). This matters heavily for claims 22–27.
2. Element decomposition of the independent claims
All six independents (1, 10, 15, 19, 20, 32) share a small set of functional elements. I key the analysis to these:
| Code | Element | Appears in |
|---|---|---|
| A | Associate a trading entity / multiple entities with an identifier | 1, 10, 15, 19, 20, 32 |
| B | Acquire trade-history of transactions tied to that identifier | 1, 10, 15, 19, 20, 32 |
| C | Generate a profile from that history that indicates whether the transactions would generate a profit ("profit-indicating profile") | 1, 10, 15, 19, 20, 32 |
| D | Generate a buy/sell offer that is only made/directed to the entity holding the identifier | 1, 10, 15, 19, 20 |
| E | Offer is processed through an exchange that handles items having a bid/offer spread | 1, 10, 15, 19, 20, 32 |
| F | Different offers/prices/fees to different entities | 20 (and 22–27) |
| G | Offer to an exchange to trade for a predetermined fee paid to the exchange | 32 |
| H | Identifier does not reveal personal/institutional identity ("semi-anonymous") | 2, 17 |
3. The prior art array and what each supplies
Verified from the page's prior-art lists, with each reference's own disclosure confirmed by search where marked:
Primary references
US 7,587,347 B2 — Griffin & Andresen / Citadel Investment Group, "…detecting, tracking and responding to toxic, or likely toxic, orders in an equities order flow using toxicity and/or profit analyzers" (filed 2004-11-30; granted 2009-09-08). Listed under Family Cites Families (2) with an examiner-citation asterisk. Full text confirms:
- Detecting, tracking, and responding to orders using toxicity and/or profit analyzers, where the "toxicity quotient" is defined as "when the order, if executed, comprises no profit, reduced profit or a loss" when the liquidity provider supplies liquidity — i.e., exactly element C.
- The profit analyzer "monitor[s] the outcome of some or all trades… By logging the bid/offer spread at the time of order filling… a running tab of profit (or loss) can be kept," and "an expected level of profit can be established for various OFPs. Deviations… could then be used to signal the need to take corrective action… (e.g., to adjust payment for order flow to the OFP)." — elements B, C, and the §103 motive.
- The invention expressly contemplates the exchange itself running the analyzers: FIGS. 20–23 and ¶¶[0097]–[0101] ("it may be desirable for such an exchange to incorporate customer analytic systems such as described above into its order routing and execution mechanisms"; the exchange may "modify such payment based on the toxicity level of the received order flow"). — element E's exchange locus.
- The reference states the business motivation verbatim: "a consolidating broker-dealer would be willing to pay for the privilege of trading with standard traders, if it were feasible to identify them." — this is the single most important motivation statement in the entire array, and it explicitly frames identification of the counterparty as the missing enabler.
- The order flow it operates on is described as anonymous ("the anonymous nature of orders within that order flow"). — bridges to element H.
- It also discloses corrective action "increasing the fee for… the investor that placed the order." — bridges to element F/G.
US 2002/0004774 A1 — Tony Defarlo, "Data analysis system for tracking financial trader history and profiling trading behavior" (priority 2000-03-27; published 2002-01-10). Full text confirms:
- Acquires transaction data, converts to trade records, correlates with external market data, and "As the system builds a trade database over time, a profile of trading behavior for each user will be created."
- Tracks P&L, win ratio, "TRADER'S DAILY P&L RANGE," "TRADE PERFORMANCE BREAKDOWN," and "the probability of success" for a proposed trade — i.e., a profile that indicates whether the trader's transactions would generate a profit.
- It expressly contemplates aggregation "based on the trader's organization" so "management of the firm can determine what strategies offer the best profitability… for most of the firm's traders." — supports the hierarchical/aggregate-entity aspect.
- Supplies elements A, B, C (profiling side).
US 2007/0027795 A1 — Claus et al. / BGC Partners, "System and method for using trader lists in an electronic trading system to route a trading order with a reserved size" (priority 2005-07-29; published 2007-02-01). Listed in Patent Citations. Full text confirms:
- A trader profile storing "activity logs, trade data, and history data associated with trader"; and rules that automatically generate a per-counterparty list by "comparing trader preferences… with trader profiles of the other traders."
- The trading platform selectively transmits an order to some traders and affirmatively prevents transmission to designated others, including a "held portion" disclosed only to a qualifying counterparty. — Element D, the "only made to the identified entity" limitation, in an exchange context.
- Its stated purpose is to let a trader avoid "trades… not likely to be profitable" and to manage adverse selection ("trades with highly specialized traders are not likely to be profitable") — same problem, same field, compatible solution.
US 2002/0087453 A1 — Nicolaisen & Tormey / AGEX.com, "Trading system with anonymous rating of participants" (published 2002-07-04). Listed in Patent Citations. Full text confirms an on-line exchange where "the identity of a seller remains anonymous until the terms of the exchange are mutually agreeable," and where account preferences generate a table of "preferred, acceptable and unacceptable trading partners." — Element A in its semi-anonymous ("does not reveal personal or institutional identity") form, plus a mechanism for entity-specific eligibility.
US 7,143,060 B2 — Omgeo LLC, "Trading party profiles in system for facilitating trade processing and trade management" (priority 2000-02-16; granted 2006-11-28). Full text confirms "a database of trading party profiles," retrieved "based on the first/second trading party identification," used by a matching program to decide whether a match exists within parameters "supplied in the trading party profiles." — Element A + the "trade history profile database" structure of claim 15.
US 7,958,039 B2 — Citadel, "…listed options contracts using toxicity and/or profit analyzers" (2004-10-08). Listed under Family Cites Families. Companion to '347; confirms the toxicity/profit-analyzer approach applied across products, supporting element C across the claim set.
Secondary/structural references (from the page's citation list)
- US 6,421,653 B1 (Blackbird Holdings) — electronic trading of financial instruments; exchange architecture with bid/offer. Supports E.
- US 2002/0087455 A1 (Tsagarakis; later US 8,311,911, E*Trade) — global FX system; multi-dealer quote/price dissemination. Supports E and the fee/multi-venue context.
- US 7,113,924 B2 (Trading Technologies) — electronic spread trading in real/synthetic markets; bid/ask spreads. Supports E.
- US 5,497,317 A (Thomson Trading Services) — post-trade processing on exchange systems. Supports E/B infrastructure.
- US 2006/0229969 A1 (Georgakopoulos) — "optimal informed trading with limited competition." Supporting evidence that informed-vs-uninformed counterparty segmentation was a recognized design problem before 2010.
- US 7,752,123 B2 (Townsend Analytics) — order management system / electronic securities trading. Supports the "taker unit including a market order interface" structure of claim 15.
- US 2007/0027795 (Claus) already itemized; US 7,412,415 (Morgan Stanley) pair trading; US 2005/0192888 (Lennane) network settlement — all routine exchange/OMS infrastructure.
Admitted prior art in the '782 specification — exchange taker fees ~$0.003, liquidity-provider rebates ~$0.002+, and the SEC full-cent quoting rule. Supplies the G/fee-and-rebate environment of claims 22–27 and 32.
4. Combination No. 1 (primary): Citadel '347 + Defarlo '774 + Claus '7795 + Nicolaisen '87453
This is the strongest §103 case and maps to every limitation of independent claims 1, 10, 19, 20, and 32, and to claim 15 with Omgeo '306 (Combination No. 2).
Element-by-element:
| Element | Supplied by | Why |
|---|---|---|
| A — entity ↔ identifier | Nicolaisen '87453 (anonymous seller/participant identity tied to account preferences); Omgeo '306 (party ID → party profile) | Both tie an entity to a durable identity key used by the system, without requiring disclosure of the underlying person/institution. |
| B — trade history tied to identifier | Defarlo '774 (transaction data → trade records → DB; system builds history over time); Claus '7795 ("history data associated with trader" in the trader profile) | Both expressly accumulate a per-entity history. |
| C — profit-indicating profile | Citadel '347/'039 (toxicity quotient = "no profit, reduced profit or a loss"; profit analyzer maintains a running profit tab per counterparty); Defarlo '774 (P&L profile, win ratio, "probability of success") | This is the core of Citadel: it is literally a profitability profile of the counterparty's order flow. |
| D — offer only to the identified entity | Claus '7795 (trader lists; affirmative prevention of transmission to designated traders; held portion disclosed only to qualifying traders) + Nicolaisen '87453 (entity-specific preferred/acceptable/unacceptable partners) | Claus is the cleanest teaching of an exchange deliberately targeting an order/offer to a subset (down to one) of identified counterparties. |
| E — exchange with bid/offer spread | Blackbird '653; Tsagarakis '8755; TT '924; and Citadel '347 itself (FIGS. 20–23, exchange-side analyzers; ¶[0016] frames the 20 / 20.25 bid/offer example) | The bid/offer spread is the fundamental microstructure element; Citadel's own worked example is a bid/offer-spread equity. |
| F — different offers to different entities | Citadel '347 (corrective action differing by toxicity: reject, increase fee, adjust payment for order flow) + the spec's admitted fee/rebate regime | Once entities are identified and scored, applying different economics to different scores is the express teaching of '347's corrective-action disclosure. |
| G — offer to exchange for a predetermined fee | Citadel '347 ¶[0080] (pre-negotiated per-order payment for order flow; variable payment based on toxicity) + admitted prior art ($0.003/$0.002 fee/rebate regime) | A predetermined per-order fee paid by/for access is the admitted baseline of the art. |
| H — identity not revealed | Nicolaisen '87453 (anonymous identity preserved); Citadel '347 (operates on "anonymous equities order flow") | Both expressly address anonymity-preserving identification — the "semi-anonymous" concept. |
Motivation to combine (KSR rationales, expressly supported):
- Same field, same problem, same solution family. All four primaries are in G06Q 40/04 (exchange/trading); three of the four are cited on the face of the '782 patent. There is no field-of-use barrier.
- The missing-piece motivation is stated by the prior art itself. Citadel '347: "a consolidating broker-dealer would be willing to pay for the privilege of trading with standard traders, if it were feasible to identify them." Nicolaisen '87453 and Defarlo '774 supply precisely the identification-and-profiling mechanism Citadel '347 says it needs. Where the reference itself frames the unmet need, the combination of that reference with the art meeting the need is the paradigm case for obviousness.
- Predictable result / design incentive. Combining a counterparty-profiling engine (Defarlo/Omgeo) with a toxicity/profit-response engine (Citadel) and an order-routing filter (Claus) yields the expected, predictable result of routing better economics to lower-toxicity flow — no new mechanism, no unexpected property. KSR, 550 U.S. at 417 ("combination of familiar elements according to known methods… likely to be obvious when it does no more than yield predictable results").
- Market force. The '782 specification's own narrative — liquidity providers widening spreads to cover "toxic" flow, at the expense of naïve traders — is the market pressure that Citadel '347 identified. The claimed invention is the straightforward response.
- "Obvious to try" in a finite field. By 2010 there was a small, identified set of mechanisms for counterparty-differentiated pricing (price, fee, rebate) on exchanges; the '782 specification enumerates only those three. KSR, 550 U.S. at 421.
Reasonable expectation of success. All components (a) were computer-implemented, (b) existed as commercial/patented systems by 2006–2009, and (c) required only ordinary integration. Nothing in the '782 specification identifies a technical obstacle that the prior art did not already overcome.
5. Combination No. 2 (system claim 15): Omgeo '306 + Citadel '347 + Townsend '123 + Blackbird '653 + Claus '7795
Claim 15 is the most structural claim and is arguably the most exposed, because each of its blocks is a named, pre-existing system component:
- "taker unit including a market order interface" ← Townsend '123 (OMS/order-entry), Claus '7795 (terminal + interface server + order entry) — and the '782 spec's own
client market order interface 17is ordinary client software. - "exchange system… processing… items having a bid/offer spread, including a trade history feed unit and a trade offer feed unit" ← Blackbird '653 / Tsagarakis '8755 / Citadel '347 (FIGS. 20–23, exchange-side order tracking + routing). Splitting an exchange into a history feed and an offer feed is a routine architectural decomposition.
- "trade history profile database… profile of one of a plurality of trading entities… associated with an identifier" ← Omgeo '306 (database of trading party profiles retrieved by party ID) + Defarlo '774 (per-user behavior profile).
- "profile containing information that indicates whether trading transactions… would generate a profit" ← Citadel '347 (toxicity/profit quotient).
- "offer generator… generates an offer… associated with said identifier… may only be accepted by the trading entity associated with said identifier" ← Claus '7795 (selective transmission / affirmative prevention; held portion only to qualifying traders).
Motivation is again the same-field/KSR rationale plus Citadel '347's express identification gap. Dependent claim 18 ("profile analyzer… determine whether trading transactions… generated a profit") is essentially a restatement of Citadel '347's profit analyzer and is squarely obvious — arguably the closest thing in the claim set to a single-reference §103 rejection.
6. Claim-specific conclusions
- Claims 1, 10, 19 (taker-side and provider-side method; CPP): obvious over Citadel '347 + Defarlo '774 + Claus '7795 in view of Nicolaisen '87453 (and Blackbird '653 / Tsagarakis '8755 as the exchange substrate for element E). Every limitation has an explicit textual home.
- Claim 15 and dependent 16, 18: obvious over Omgeo '306 + Citadel '347 + Claus '7795. Claim 18 (profit-determining analyzer) is the closest to single-reference obviousness over Citadel '347.
- Claims 2, 17 (identifier does not reveal identity): obvious over the base combination in further view of Nicolaisen '87453 ("identity… remains anonymous"; "preferred, acceptable and unacceptable trading partners"). Note this is essentially Citadel '347's "anonymous equities order flow" + any pseudonymous ID scheme.
- Claims 3, 16 (matching offer to a trading entity): obvious; routine exchange matching, and Claus '7795 discloses matching/routing against trader profiles.
- Claims 4, 12 (bid/ask offer): trivially obvious — bid/ask is the admitted (and statutory) form of an exchange quote.
- Claims 5–7, 13 (history within an exchange; available through the exchange): obvious over Citadel '347 exchange-side embodiments (FIGS. 20–23) alone or with Blackbird/Tsagarakis.
- Claim 8 (prices at a predetermined period after a transaction — the spec's "one minute later" DIFF/SIMPROF metric): obvious over Citadel '347's use of "the fill spread (e.g., the bid/offer spread at the time of filling the order)," "market condition parameters," and monitoring the post-trade outcome; the specific "one minute later" interval is a matter of design choice without asserted criticality. In re Aller, 220 F.2d 454 (CCPA 1955) (range/parameter optimization is routine absent unexpected results).
- Claim 9 (transfer history to a liquidity provider): obvious; inherent in Citadel '347's OFP→broker-dealer→exchange data flows and in the '782 spec's own feed architecture.
- Claim 20 (different offers to different entities): obvious over Citadel '347 (differential corrective action by toxicity) in view of Defarlo '774 + Omgeo '306.
- Claims 21, 28–31: trivial/obvious — recitations of the entities and database/analyzer mechanics already in Omgeo '306, Defarlo '774, and Citadel '347.
- Claims 22–27 (different price/fee combinations; LP bidding; charging takers; LP rebates): the weakest of the claim set. The exchange fee/rebate structure ($0.003 taker fee; $0.002+ LP rebate) is admitted prior art in the '782 specification, and Citadel '347 expressly discloses "adjust[ing] payment for order flow," "increasing the fee for the investor," and variabilizing "[t]he amount of payment provided to OFP." Claims 22–27 are therefore obvious over Citadel '347 in view of the admitted prior-art fee/rebate regime — and, for the bidding limitation of claim 25, in further view of the multi-venue competition described in both Citadel '347 and Tsagarakis '8755.
- Claim 32 (offer to exchange for a predetermined fee): obvious over Citadel '347 (exchange-side profit analyzer + payment modification; pre-negotiated per-order payment) in view of the admitted exchange fee regime.
7. Anticipated arguments for non-obviousness, and assessment
These are the arguments a patentee (or Cedar Lane, as the current recorded assignee) would likely press. I assess them candidly rather than assuming they fail:
"The references are non-analogous / '347 is about rejecting orders, not pricing them to identified counterparties." Weak. Citadel '347's claims and ¶¶[0076], [0080], [0087]–[0088], [0090]–[0091] expressly extend corrective action to fees, payment for order flow, and commission adjustments — not merely rejection. The rejection-only reading is not sustainable against the reference's own text.
"The references do not teach conditional offers valid only for a single identifier." This is the best argument, and it is why Claus '7795 is essential to the combination rather than optional. Claus '7795 discloses affirmative prevention of transmission to designated traders and selective disclosure of a "held portion" to qualifying traders — a person-specific routing/offer regime. Nicolaisen '87453 adds entity-specific "acceptable trading partner" gating. Whether a fact-finder would read Claus's negative filter (don't send to X) as teaching the positive targeted offer (send only to X, at a unique price) is the principal vulnerability of the rejection. A strong office action should pair Claus '7795 with at least one reference teaching positive, entity-specific pricing (e.g., Citadel '347's tiered fee/payment adjustments as applied per-counterparty).
"No motivation to combine a settlement/processing system (Omgeo '306) with an order-flow toxicity system (Citadel '347)." Overstated but not frivolous. Omgeo '306 is about post-trade matching, not order routing. This argument weakens Combination No. 2 for claim 15 but does not touch Combination No. 1, which uses Omgeo only as an optional structural reference.
Secondary considerations. I found no evidence of record of unexpected results, licensing-against-the-art, copying, industry praise, or long-felt unrecognized need specifically attributable to this patent's claims. Cedar Lane's very large 2025–2026 assertion wave (E.D./W.D./S.D./N.D. Tex., S.D.N.Y., N.D. Ill. — many voluntarily dismissed early) is a litigation-volume signal, not a nexus-bearing secondary-consideration signal, and litigation success cannot substitute for a nexus to the claimed subject matter. In re GPAC, 57 F.3d 1573 (Fed. Cir. 1995).
§101 overlay (not a §103 argument, but material to outcome). The claims are directed to pricing/fee differentiation in trading — a strong candidate for Alice Step 2A "fundamental economic practice" treatment (cf. the PTAB decision in Ex parte Brandes, Appeal 2018-006345, App. 13/185,929, aff'g a §101 rejection of trading-screen claims). A serious invalidity challenge should pair the §103 grounds above with a §101 challenge, because the "processor implemented at least partly in hardware" and "non-transitory computer usable medium" language adds little beyond generic computing. Note the "at least partly in hardware" / "non-transitory" phrasing in the granted claims suggests the art unit was already tracking Myriad/Alice concerns; I cannot verify from the page whether a §101 rejection was actually made, and I do not assert that it was.
8. Confidence and open items
- High confidence in the content and availability of US 7,587,347 B2, US 7,958,039 B2, US 2002/0004774 A1, US 2007/0027795 A1, US 2002/0087453 A1, and US 7,143,060 B2, as prior art against the 2010-04-08 priority date. I verified these against the references' own text, not merely the page's title list.
- Moderate confidence in the combined motivation, because it depends on a fact-finder accepting Claus '7795's negative routing teaching as a teaching of positive targeted offers (item 2 above). Full-text review of Claus '7805357 B2 and of the '782's prosecution history (any §103 rejections, and the examiner's reasons for allowance) is the highest-value next step.
- I could not verify whether the examiner expressly relied on Citadel '347 or the §103 combination during prosecution of the '782; the page lists these references as cited, which is not the same as applied in a rejection. The prosecution history should be pulled (USPTO PatentCenter for App. 12/756,929) before any rejection asserting a Sotera/Vicor or intervening-rights point on the pending/abandoned continuations.
- Not assessed here: claim-by-claim §112 enablement/written-description for the DIFF/SIMPROF/ACTPROF algorithms, and any inequitable-conduct or double-patenting issue across the four-member family (three continuations abandoned). Those are outside the requested scope.
Bottom line. The independent claims of US 8,577,782 are, on the record available, more likely than not obvious under §103. The strongest combination is Citadel '347 (US 7,587,347) as the primary reference — teaching the profit-indicating counterparty profile and the motivation to identify good counterparties — combined with Defarlo '774 (trade-history profiling), Claus '7795 (entity-targeted offer routing), and Nicolaisen '87453 (semi-anonymous identifiers); the system claim 15 additionally renders obvious over Omgeo '306 + Citadel '347 + Claus '7795. The fee/rebate-dependent claims (22–27) and claim 32 are the most vulnerable, being largely directed to the admitted $0.003/$0.002 exchange fee/rebate regime that Citadel '347 already teaches adjusting by counterparty quality.
Generated 9/28/2026, 8:23:51 PM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
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- US 8448855I'll verify current docket/litigation status for US 8,448,855 while cross-checking the patent's own record. Let me check specifically for any 2026 Federal Circuit activity and the current status of the district court cases. Let me do one…
- US 5448046I'll search for this specific patent number and any 2026 litigation dockets. Search results note (read first) I searched for the identifier 5448046 as directed. Two things to report up front: 1. No CAFC 2026 docket activity for this patent…
- US 7249099I'll start by searching for the patent's official records and any 2026 CAFC activity. Let me check for any 2026 CAFC docket activity and current litigation involving this patent. US 7,249,099 B2 — Summary Note on search scope: I searched…
- US 6581042B2I'll verify the patent identifiers and check for any litigation/docket records before summarizing. Now let me check for litigation history and to retrieve the actual claim text, since the provided full text was truncated before the claims…
- US 6728397I'll search for authoritative information on this patent, including any 2026 CAFC activity. Let me run additional targeted searches for USPTO records and any 2026 litigation/CAFC docket activity. Let me do a final check for any litigation…
- US 7527208I'll search for this specific patent in litigation and USPTO contexts. Let me try to retrieve the actual claim text and any litigation records. US 7,527,208 — Analyst Summary Important scope note first: I searched for litigation/docket…
This patent in court (21)
21 tracked lawsuits name US 8577782.