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AMERICAN STOCK EXCHANGE, LLC v. MOPEX, INC.

No. 00 Civ. 5943 (SAS).

230 F.Supp.2d 333 (2002)

AMERICAN STOCK EXCHANGE, LLC, Plaintiff, v. MOPEX, INC., Defendant.

United States District Court, S.D. New York.

June 11, 2002.

Attorney(s) appearing for the Case

Stuart I. Friedman, Andrew A. Wittenstein, Paul S. Grossman, Friedman, Wittenstein & Hochman, A Professional Corporation, New York City, William K. West, Howrey, Simon, Arnold & White, John J. Flood, National Association of Securities Dealers, Inc., Washington, D.C., for Plaintiff.

Bradford P. Lyerla, Stephen R. Auten, Wallenstein & Wagner, Ltd., James R. Figliulo, Jeff D. Harris, James H. Bowhay, Michael K. Desmond, Figliulo & Silveran, P.C., Chicago, IL, Adam Landa, Greenburg Traurig, LLP, New York City, for Defendant.

OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

Mopex, Inc. ("Mopex") owns patents (the "Patents") for certain business methods relating to a type of investment vehicle called "Exchange Traded Funds" ("ETFs"). The American Stock Exchange ("Amex") filed this action on August 10, 2000, seeking a declaration that Mopex's Patents are invalid and not infringed by Amex's activities with respect to certain of its own ETFs (the "New...

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