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Nymex And eSpeed Settle Wagner Patent Suit

Date 22/12/2003

The New York Mercantile Exchange, Inc., today announced that it has reached a settlement agreement resolving litigation with eSpeed, Inc., a subsidiary of Cantor Fitzgerald, over the Wagner patent on automated trading systems.

The Exchange has agreed to pay eSpeed $8 million over a three-year period. As part of the settlement, both companies have agreed to release each other from all legal claims brought against the other without admitting any liability.

Exchange President J. Robert Collins, Jr., said, "We are happy to put this matter behind us and look toward 2004 with our undiluted focus on the many business issues and expansion opportunities in front of us."