International Securities Exchange, LLC v. Chicago Board Options Exchange, Inc.

Federal Civil Lawsuit New York Southern District Court, Case No. 1:06-cv-13445
District Judge Richard M. Berman, presiding
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District Judge Richard M. Berman
Last Updated December 5, 2018 at 5:42 PM EST (7.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo International Securities Exchange LLC, Plaintiff

Represented by Goodwin Procter, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Parker Bagley +1 212 754 4216 +1 212 822 5343 pbagley@bsfllp.com

Represented by Milbank, Tweed, Hadley & McCloy LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED James Robert Klaiber +1 212 530 5219 +1 212 822 5019 jklaiber@milbank.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Martin Murray +1 212 294 3510 +1 212 294 4700 mmurray@winston.com

Represented by Novak Druce, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Chris L Holm +1 212 530 5734 +1 212 530 5219 chris.holm@novakdruce.com
v.
No Logo Chicago Board Options Exchange, Inc., Defendant

Represented by Fish & Richardson, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Francescani +1 212 765 5070 +1 212 258 2291 francescani@fr.com
ATTORNEY TO BE NOTICED Irene E. Hudson +1 212 765 5070 +1 212 258 2291 hudson@fr.com
ATTORNEY TO BE NOTICED Autumn Ji Sun Hwang +1 212 765 5070 +1 212 258 2291 azh@fr.com
Attributes
Citation Section 35 U.S.C. § 271
Nature of Suit 830 - Property Rights: Patent
Timeline
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Legal Document (Payment Possibly Required) 37 Filed: 4/17/2013, Entered: None Court Filing
Letter addressed to Judge Richard M. Berman from Jonathan A. Marshall dated 6/22/2013 re: we are in receipt of International Securities Exchange, Inc.'s Rule 72 Objections to Magistrate Judge Katz's May 24, 2007 Memorandum Opinion and order transferring this action to the Northern District of Illinois. While we are unable to identify a Rule that either prohibits or allows CBOE to respond to those Objections, we in tend to file a response no later than Monday, June 25, 2007. CBOE respectfully submits that its response will assist the Court in its review of Magistrate Judge Katz's Order. Document filed by Chicago Board Options Exchange, Inc..(djc) (Entered: 04/18/2013)
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Legal Document (Payment Possibly Required) 36 Filed: 8/13/2007, Entered: None Court Filing
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Theodore H. Katz on 5/22/07) (cd) (Entered: 08/14/2007)
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Legal Document (Payment Possibly Required) 35 Filed: 8/9/2007, Entered: None Court Filing
ORDER the Court affirms Judge Katz's Order in all material respects. The Clerk of the Court is respectfully requested to transfer this case to the Northern District of Illinois. (Signed by Judge Richard M. Berman on 8/9/07) (jco) (Entered: 08/10/2007)
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Legal Document (Payment Possibly Required) 34 Filed: 7/24/2007, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Richard M. Berman from Parker H. Bagley and Jonathan Marshall dated 7/23/07 re: counsel for parties jointly request relief from the discovery completion deadline. ENDORSEMENT: Application respectfully denied (See order dated 1/31/07) without prejudice to parties renewing their application before any transfer judge or Judge Katz. Work on settlement. (Signed by Judge Richard M. Berman on 7/24/07) (dle) Modified on 7/25/2007 (Lewis, Diahan). (Entered: 07/25/2007)
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Legal Document (Payment Possibly Required) 33 Filed: 6/25/2007, Entered: None
DECLARATION of Jonathan A. Marshall in Opposition re: 29 MOTION for Reconsideration re; 28 Memorandum & Opinion,,.. Document filed by Chicago Board Options Exchange, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I)(Marshall, Jonathan) (Entered: 06/25/2007)
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Legal Document (Payment Possibly Required) 32 Filed: 6/25/2007, Entered: None
MEMORANDUM OF LAW in Opposition re: 29 MOTION for Reconsideration re; 28 Memorandum & Opinion,,.. Document filed by Chicago Board Options Exchange, Inc.. (Attachments: # 1)(Marshall, Jonathan) (Entered: 06/25/2007)
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Legal Document (Payment Possibly Required) 31 Filed: 6/11/2007, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Katz from Jonathan Marshall dated 6/8/07 re CBOE request that ISE's request for leave should be denied without prejudice to renew should this action not be transferred to the Northern District of Illinois: the Court will defer deciding any pending discovery disputes on issues until the motion to transfer venue is fully resolved. Should venue be transfered, these matters should be raised in the Northern District of Illinois. (Signed by Judge Theodore H. Katz on 6/11/07) (cd). (Entered: 06/12/2007)
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Legal Document (Payment Possibly Required) 30 Filed: 6/11/2007, Entered: None
Objection re: 28 Memorandum & Opinion,, and Request for Reconsideration of Same. Document filed by International Securities Exchange, LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Bagley, Parker) (Entered: 06/11/2007)
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Blank 29 Filed: 6/11/2007, Entered: None
MOTION for Reconsideration re; 28 Memorandum & Opinion,,. Document filed by International Securities Exchange, LLC.(Bagley, Parker) (Entered: 06/11/2007)
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Legal Document (Payment Possibly Required) 28 Filed: 5/24/2007, Entered: None Court Filing
MEMORANDUM OPINION and ORDER re: Granting 8 MOTION to Transfer Case to Northern District of Illinois. Howewer, to preserve the jurisdiction of the District Judge to conduct review of this ruling purs to 28 U.S.C. section 636(b)(1) and Rule 72(a) of the FRCP, should plaintiff file objections, transfer of the matter is stayed until the time for filing objections has passed or the disposition by the District Judge of any timely-filed objections to this Opinion and Order. (Signed by Judge Theodore H. Katz on 5/24/07) (djc) (Entered: 05/25/2007)
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Legal Document (Payment Possibly Required) 27 Filed: 3/13/2007, Entered: None
NOTICE OF APPEARANCE by Jonathan Abbott Marshall on behalf of Chicago Board Options Exchange, Inc. (Marshall, Jonathan) (Entered: 03/13/2007)
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Legal Document (Payment Possibly Required) 26 Filed: 3/13/2007, Entered: None
NOTICE OF APPEARANCE by Autumn Ji Sun Hwang on behalf of Chicago Board Options Exchange, Inc. (Hwang, Autumn) (Entered: 03/13/2007)
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Legal Document (Payment Possibly Required) 25 Filed: 3/2/2007, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Richard M. Berman from Jonathan A. Marshall dated 3/1/07 re: Application GRANTED. The settlement conference is adjourned to 4/18/07 at 3:00 p.m., but principals should engage in good faith settlement talks BEFORE the conference. (Signed by Judge Richard M. Berman on 3/2/07) (db) (Entered: 03/05/2007)
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Legal Document (Payment Possibly Required) 24 Filed: 2/27/2007, Entered: None
DECLARATION of David Francescani in Support re: 8 MOTION to Transfer Case to Northern District of Illinois.. Document filed by Chicago Board Options Exchange, Inc.. (Attachments: # 1 Exhibit E# 2 Exhibit F# 3 Exhibit G# 4 Exhibit H)(Francescani, David) (Entered: 02/27/2007)
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Blank 23 Filed: 2/27/2007, Entered: None
REPLY to Response to Motion re: 8 MOTION to Transfer Case to Northern District of Illinois. CBOE, Inc.'s Reply In Support of Its Motion to Transfer Venue to the Northern District of Illinois. Document filed by Chicago Board Options Exchange, Inc.. (Francescani, David) (Entered: 02/27/2007)
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Legal Document (Payment Possibly Required) 22 Filed: 2/20/2007, Entered: None
DECLARATION of Christopher J. Gasper in Opposition re: 8 MOTION to Transfer Case to Northern District of Illinois.. Document filed by International Securities Exchange, LLC. (Bagley, Parker) (Entered: 02/20/2007)
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Legal Document (Payment Possibly Required) 21 Filed: 2/20/2007, Entered: None
DECLARATION of Gary Katz in Opposition re: 8 MOTION to Transfer Case to Northern District of Illinois.. Document filed by International Securities Exchange, LLC. (Bagley, Parker) (Entered: 02/20/2007)
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Legal Document (Payment Possibly Required) 20 Filed: 2/20/2007, Entered: None
MEMORANDUM OF LAW in Opposition re: 8 MOTION to Transfer Case to Northern District of Illinois.. Document filed by International Securities Exchange, LLC. (Bagley, Parker) (Entered: 02/20/2007)
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Legal Document (Payment Possibly Required) 19 Filed: 2/14/2007, Entered: None
RULE 26 DISCLOSURE.Document filed by Chicago Board Options Exchange, Inc..(Francescani, David) (Entered: 02/14/2007)
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Legal Document (Payment Possibly Required) 18 Filed: 2/8/2007, Entered: None
NOTICE OF APPEARANCE by Irene E. Hudson on behalf of Chicago Board Options Exchange, Inc. (Hudson, Irene) (Entered: 02/08/2007)
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Legal Document (Payment Possibly Required) 17 Filed: 2/5/2007, Entered: None
MEMORANDUM OF LAW in Support re: 8 MOTION to Transfer Case to Northern District of Illinois.. Document filed by Chicago Board Options Exchange, Inc.. (Francescani, David) (Entered: 02/05/2007)
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Legal Document (Payment Possibly Required) 16 Filed: 2/5/2007, Entered: None
DECLARATION of Edward T. Tilly in Support re: 8 MOTION to Transfer Case to Northern District of Illinois.. Document filed by Chicago Board Options Exchange, Inc.. (Francescani, David) (Entered: 02/05/2007)
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Legal Document (Payment Possibly Required) 15 Filed: 2/5/2007, Entered: None
DECLARATION of Eileen C. Smith in Support re: 8 MOTION to Transfer Case to Northern District of Illinois.. Document filed by Chicago Board Options Exchange, Inc.. (Francescani, David) (Entered: 02/05/2007)
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Legal Document (Payment Possibly Required) 14 Filed: 2/5/2007, Entered: None
DECLARATION of Larry Pfaffenbach in Support re: 8 MOTION to Transfer Case to Northern District of Illinois.. Document filed by Chicago Board Options Exchange, Inc.. (Francescani, David) (Entered: 02/05/2007)
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Legal Document (Payment Possibly Required) 13 Filed: 2/5/2007, Entered: None
DECLARATION of Anthony Montesano in Support re: 8 MOTION to Transfer Case to Northern District of Illinois.. Document filed by Chicago Board Options Exchange, Inc.. (Francescani, David) (Entered: 02/05/2007)
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Legal Document (Payment Possibly Required) 12 Filed: 2/5/2007, Entered: None
DECLARATION of Stuart Kipnes in Support re: 8 MOTION to Transfer Case to Northern District of Illinois.. Document filed by Chicago Board Options Exchange, Inc.. (Francescani, David) (Entered: 02/05/2007)
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Legal Document (Payment Possibly Required) 11 Filed: 2/5/2007, Entered: None
DECLARATION of David Francescani in Support re: 8 MOTION to Transfer Case to Northern District of Illinois.. Document filed by Chicago Board Options Exchange, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C - Part 1# 4 Exhibit C Part 2# 5 Exhibit D)(Francescani, David) (Entered: 02/05/2007)
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Legal Document (Payment Possibly Required) 10 Filed: 2/5/2007, Entered: None
DECLARATION of Mark Esposito in Support re: 8 MOTION to Transfer Case to Northern District of Illinois.. Document filed by Chicago Board Options Exchange, Inc.. (Francescani, David) (Entered: 02/05/2007)
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Legal Document (Payment Possibly Required) 9 Filed: 2/5/2007, Entered: None
DECLARATION of Anthony J. Carone in Support re: 8 MOTION to Transfer Case to Northern District of Illinois.. Document filed by Chicago Board Options Exchange, Inc.. (Francescani, David) (Entered: 02/05/2007)
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Legal Document (Payment Possibly Required) 8 Filed: 2/5/2007, Entered: None
MOTION to Transfer Case to Northern District of Illinois. Document filed by Chicago Board Options Exchange, Inc..Motions referred to Theodore H. Katz.(Francescani, David) (Entered: 02/05/2007)
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Legal Document (Payment Possibly Required) 7 Filed: 2/5/2007, Entered: None
ANSWER to Complaint. Document filed by Chicago Board Options Exchange, Inc..(Francescani, David) (Entered: 02/05/2007)
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Legal Document (Payment Possibly Required) 6 Filed: 2/5/2007, Entered: None
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Chicago Board Options Exchange, Inc..(Francescani, David) (Entered: 02/05/2007)
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Legal Document (Payment Possibly Required) 5 Filed: 1/31/2007, Entered: None Court Filing
CASE MANAGEMENT PLAN:Amended Pleadings due by 3/15/2007.,Joinder of Parties due by 3/15/2007.,Motions due by 2/5/2007.,Responses due by 2/20/2007,Replies due by 2/27/2007., Status Conference set for 4/16/2007 09:15 AM before Judge Richard M. Berman. Work on settlement. No stay while motions are pending; discovery issues referred to Magistrate Katz. (Signed by Judge Richard M. Berman on 1/31/07) (dle) (Entered: 02/01/2007)
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Legal Document (Payment Possibly Required) 4 Filed: 1/31/2007, Entered: None Court Filing
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for general pretrial (includes scheduling, discovery, non dispositive pretrial motions, and settlement). Referred to Magistrate Judge Kevin N. Fox. (Signed by Judge Richard M. Berman on 1/31/07) (dle) Modified on 2/2/2007 (Lewis, Diahan). (Entered: 02/01/2007)
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Legal Document (Payment Possibly Required) 3 Filed: 12/20/2006, Entered: None Court Filing
STIPULATION AND ORDER: It is hereby stipulated and agreedby and between the parties hereto through their respective counsel, to the approval of the Court, that defendant, Chicago Board Options Exchange, Inc. shall have to and including February 5, 2007, to respond to the complaint in this action. (Signed by Judge Richard M. Berman on 12/20/06) (js, ) (Entered: 12/21/2006)
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Legal Document (Payment Possibly Required) 2 Filed: 11/22/2006, Entered: None
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying International Securities Exchange Holdings, Inc. as Corporate Parent. Document filed by International Securities Exchange, LLC.(mbe, ) (Entered: 11/29/2006)
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Legal Document (Payment Possibly Required) 1 Filed: 11/22/2006, Entered: None
COMPLAINT against Chicago Board Options Exchange, Inc. (Filing Fee $ 350.00, Receipt Number 597808)Document filed by International Securities Exchange, LLC. (Attachments: # 1 Exhibit)(mbe, ) (Entered: 11/29/2006)
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