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CHICAGO BD. OPTIONS v. INTERN. SECURITIES EXCHANGE

Nos. 2011-1267, 2011-1298.

677 F.3d 1361 (2012)

CHICAGO BOARD OPTIONS EXCHANGE, INC., Plaintiff-Cross Appellant, v. INTERNATIONAL SECURITIES EXCHANGE, LLC, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

May 7, 2012.

Attorney(s) appearing for the Case

David Francescani , Fish & Richardson P.C., of New York, New York, argued for plaintiff-cross appellant. With him on the brief were Jonathan A. Marshall , Michael T. Zoppo , Brian J. Doyle and Linzy McCartney .

Parker H. Bagley , Goodwin Procter, LLP, of New York, New York, argued for defendant-appellant. Of counsel on the brief were Steven R. Gustavson , Michael S. De Vincenzo , Calvin E. Wingfield, Jr. and Charles Wizenfeld . Of counsel was Benjamin A. Keller .

Before RADER, Chief Judge, WALLACH, Circuit Judge, and FOGEL, District Judge.

WALLACH, Circuit Judge.

International Securities Exchange, LLC ("ISE") appeals from a final judgment entered by the United States District Court for the Northern District of Illinois, holding that the trading system of Chicago Board Options Exchange, Inc. ("CBOE") does not infringe ISE's United States Patent No. 6,618,707 ("the '707 Patent"). CBOE cross-appeals the district court's denial of its motions for leave to amend its Complaint. Because the district court...

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