The International Securities Exchange (ISE) has not appealed a federal court decision that rejected ISE's attempt in the New York courts to challenge S&P Dow Jones Indices’ (SPDJI) rights to control the use of the S&P 500 and the Dow Jones Industrial Average as the basis of index options.
CBOE holds an exclusive license to list options on the S&P 500 index, the Dow Jones Industrial Average, and select other indices calculated and published by SPDJI.
ISE's decision not to appeal brings to an end more than seven years of unsuccessful challenges to SPDJI's and CBOE's rights.
Most recently, on 18 December 2013, a New York federal judge dismissed ISE's lawsuit after finding that the earlier rulings by the Illinois courts were final and binding on ISE. ISE's final deadline to appeal the federal court decision has passed.
"Intellectual property rights are the cornerstone of creativity and innovation, not just in the financial markets, but within all industries and businesses throughout the world," says Alex Matturri, CEO of S&P Dow Jones Indices. "As we had made blatantly clear more than seven years ago when this litigation first began, S&P Dow Jones Indices will vigorously and fiercely protect its well-established intellectual property rights from all those that seek to infringe upon them - ensuring that we remain the preeminent index provider in the world."
"CBOE is gratified that after seven years, ISE has given up its efforts to pursue this meritless litigation," says CBOE CEO Edward T Tilly. "This is a victory for innovation at CBOE, which continues to shape and lead the index options marketplace by pioneering new product frontiers."