CBOE, Dow Jones, and McGraw-Hill v. International Securities Exchange

In this case, the International Securities Exchange sought to offer options based on the Dow Jones Industrial Average and the S&P 500 without a license. Professor Dennis Carlton of Compass Lexecon acted as the economic expert for the CBOE, Dow Jones and McGraw-Hill who opposed this action, and offered testimony on the relevant economics of intellectual property rights. On July 8, 2010, Judge William Maki of the Circuit Court of Cook County granted summary judgment in favor of Compass Lexecon’s clients and enjoined the International Securities Exchange from offering such options without a license. We worked with Robert LoBue, Adeel Mangi and Elizabeth Shofner at Patterson Belknap Webb & Tyler LLP; Stacie Hartman and Paul Dengel at Schiff Hardin LLP; and Mark Fiore and Benjamin Marks at Weil, Gotshal & Manges LLP. David Ross, Allan Shampine and others in Compass Lexecon’s Chicago office worked with Professor Carlton on the case.