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CHICAGO BD. v. INTERNATIONAL SECURITIES EXCHANGE

No. 2013-1326.

748 F.3d 1134 (2014)

CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED, Plaintiff-Appellee, v. INTERNATIONAL SECURITIES EXCHANGE, LLC, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied May 5, 2014.

Attorney(s) appearing for the Case

Jonathan A. Marshall , Fish & Richardson P.C., of New York, NY, argued for plaintiff-appellee. With him on the brief were David Francescani , Michael T. Zoppo , Brian J. Doyle , Leah A. Edelman , and Jeffrey C. Mok ; and Frank Pocelli. of Boston, MA. Of counsel on the brief was Stacie R. Hartman , Schiff Hardin LLP, of Chicago, IL.

Parker H. Bagley , Boies Schiller & Flexner LLP, of New York, NY, argued for defendant-appellant. With him on the brief were Michael Underhill and Richard Meyer , of Washington, DC. Of counsel on the brief were Michael S. de Vincenzo and Calvin E. Wingfield , Goodwin Procter LLP, of New York, NY; Douglas J. Kline , of Boston, MA; and Laurel A. Kilgour , of San Francisco, CA. Of counsel was Neal Curtis Hannan , Boies Schiller & Flexner LLP, of Washington, DC.

Before RADER, Chief Judge, REYNA and WALLACH, Circuit Judges.

REYNA, Circuit Judge.

This patent case, involving systems for trading financial instruments, is before us on appeal for the second time. Defendant-Appellant International Securities Exchange, LLC ("ISE") argues that the district court erred in making certain pretrial rulings that led ISE to stipulate to non-infringement and in finding claim 2 indefinite. We affirm the lower court's judgment of non-infringement because none of its pretrial rulings were in error. Because...

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