U.S. Supreme Court Declines To Hear Further Appeals In NYMEX Copyright Case - Affirms Judgment In Favor Of IntercontinentalExchange

IntercontinentalExchange (NYSE: ICE), a leading operator of global derivatives exchanges and over-the-counter markets, issued the following statement regarding today's decision by the United States Supreme Court to reject further appeals by the New York Mercantile Exchange (NYMEX) in long-running litigation, originally brought by NYMEX in 2002, over the right of global market participants to use publicly-available NYMEX settlement prices.

"We have long maintained that NYMEX's litigation was commercially motivated to stifle competition and protect market data revenues on publicly available information," said ICE Chairman and CEO Jeffrey C. Sprecher. "Throughout this protracted legal process, ICE has remained confident that its use of NYMEX settlement prices in connection with its derivatives products did not violate intellectual property rights of NYMEX. The United States Copyright Office agreed with our position that NYMEX settlement prices are not copyrightable. The District Court also agreed with our position and granted judgment in favor of ICE as a matter law. The Second Circuit Court of Appeals affirmed judgment in favor of ICE, and now the United States Supreme Court has declined to hear further appeals by NYMEX on this issue. We are pleased that this matter has now been put to rest with finality so that we may have certainty in continuing to provide the marketplace with the highest levels of service, transparency and risk management they have come to expect from ICE."