The Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) today issued three decisions in response to petitions filed by ISE to invalidate three CBOE patents (US Patent Nos. 7,356,498, 7,980,457 and 8,266,044). The PTAB agreed with ISE and found that all three patents are invalid. These patents formed the basis of litigation that CBOE brought against ISE in the case of Chicago Board Options Exchange, Incorporated v. International Securities Exchange, LLC (Case No. 1:13-cv-01339-JMF), the proceedings in which have been stayed pending the outcome of the PTAB review.
Gary Katz, ISE President and Chief Executive Officer, said, “We are pleased that the PTAB agreed with ISE’s position and invalidated the CBOE patents and are grateful for their careful consideration of this important matter.”
ISE was represented in the case by Winston and Strawn LLP.