Judge Denies CBOE's Discovery Motion In Patent Spat

Law360, New York (August 11, 2008, 12:00 AM EDT) -- The Chicago Board Options Exchange Inc. has lost a bid to compel lawyers for the International Securities Exchange LLC to reveal their opinions regarding alleged infringement of the patent-at-issue in a dispute between the two exchanges over automated trading.

In an opinion issued Friday in the U.S. District Court for the Northern District of Illinois, Magistrate Judge Jeffrey Cole rejected CBOE's arguments that answers ISE Vice President Joseph Ferraro gave during a deposition in January constituted a waiver of attorney-client privilege.

CBOE, which is pursuing a...
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