Court Of Appeals Affirms Judgment In Favor Of IntercontinentalExchange In NYMEX Litigation

IntercontinentalExchange (NYSE: ICE), the leading electronic energy marketplace and soft commodity exchange, today issued the following statement regarding today’s decision by the United States Court of Appeals for the Second Circuit affirming judgment in favor of ICE in its long-running litigation with the New York Mercantile Exchange (NYMEX) over the right of market participants to use NYMEX settlement prices.

ICE Chairman and CEO Jeffrey C. Sprecher said: “This is an important decision for all market participants. ICE has been confident all along in its position that NYMEX has no intellectual property in its settlement prices, and we have been steadfast in our position that we will not allow the threats of a competitor to dictate the direction of our business. The United States Copyright Office agreed with our position that NYMEX settlement prices are not copyrightable. The District Court also agreed with this position and granted judgment in favor of ICE as a matter law. Now, the Second Circuit Court of Appeals has affirmed this decision in favor of ICE. Given the repeated affirmation of our position, we consider this matter closed.”