ICE Wins Nymex Data Suit

Nymex first sued ICE in November 2002, alleging that the exchange was obtaining Nymex settlement prices via a third-party vendor and unlawfully using them as an input to derive ICE settlement prices for clearing and settling trades, breaching Nymex's market data agreement and infringing its copyright.

ICE admitted to obtaining and using the prices, and counter-sued Nymex the following year (IMD, Jan. 13, 2003), claiming that the prices are—as reflections of the marketplace—facts rather than "

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