EnerNOC (ENOC)

Intellectual Property

        We utilize a combination of intellectual property safeguards, including patents, copyrights, trademarks and trade secrets, as well as employee and third-party confidentiality and proprietary information agreements, to protect our intellectual property. As of December 31, 2008, in the United States we held two patents, one of which expires in 2024 and the other of which expires in 2022, and one pending patent application. We also had three pending patent applications filed under the Patent Cooperation Treaty for Canada and Australia. Our patent applications, and any future patent applications might not result in a patent being issued with the scope of the claims we seek, or at all; and any patents we may receive may be challenged, invalidated or declared unenforceable. We continually assess appropriate circumstances for seeking patent protection for those aspects of our technology, designs and methodologies and processes that we believe provide significant competitive advantages.

        As of December 31, 2008, we held 12 trademarks/service marks in the United States. These are EnerNOC, ENERBLOG, Get More from Energy, Energy for Education, Capacity on Demand, PowerTrak, Celerity Energy, eNode, The Greenest Kilowatt-hour is the One Never Used, One-Click Curtailment, Clean Green California and CarbonTrak. Several of these trademarks are also registered in Australia and Canada. In addition, we have a number of trademark applications pending in the United States, Canada, and Australia.

        With respect to, among other things, proprietary know-how that is not patentable and processes for which patent protection may not offer the best legal and business protection, we rely on trade secret protection and employ confidentiality and proprietary information agreements to safeguard our interests. We believe that many elements of our demand response solutions involve proprietary know-how, technology or data that are not covered by patents or patent applications, including technical processes, equipment designs, algorithms and procedures. We have taken security measures to protect these elements. All of our employees have entered into confidentiality and proprietary information agreements with us. These agreements address intellectual property protection issues and require our employees to assign to us all of the inventions, designs, and technologies they develop during the course of employment with us. We also seek confidentiality and proprietary information protection from our customers and business partners before we disclose any sensitive aspects of our demand

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Table of Contents

response and energy management technology or business strategies. We have not been subject to any material intellectual property claims.

Intellectual Property

        We utilize a combination of intellectual property safeguards, including patents, copyrights, trademarks and trade secrets, as well as employee and third-party confidentiality and proprietary information agreements, to protect our intellectual property. As of December 31, 2008, in the United States we held two patents, one of which expires in 2024 and the other of which expires in 2022, and one pending patent application. We also had three pending patent applications filed under the Patent Cooperation Treaty for Canada and Australia. Our patent applications, and any future patent applications might not result in a patent being issued with the scope of the claims we seek, or at all; and any patents we may receive may be challenged, invalidated or declared unenforceable. We continually assess appropriate circumstances for seeking patent protection for those aspects of our technology, designs and methodologies and processes that we believe provide significant competitive advantages.

        As of December 31, 2008, we held 12 trademarks/service marks in the United States. These are EnerNOC, ENERBLOG, Get More from Energy, Energy for Education, Capacity on Demand, PowerTrak, Celerity Energy, eNode, The Greenest Kilowatt-hour is the One Never Used, One-Click Curtailment, Clean Green California and CarbonTrak. Several of these trademarks are also registered in Australia and Canada. In addition, we have a number of trademark applications pending in the United States, Canada, and Australia.

        With respect to, among other things, proprietary know-how that is not patentable and processes for which patent protection may not offer the best legal and business protection, we rely on trade secret protection and employ confidentiality and proprietary information agreements to safeguard our interests. We believe that many elements of our demand response solutions involve proprietary know-how, technology or data that are not covered by patents or patent applications, including technical processes, equipment designs, algorithms and procedures. We have taken security measures to protect these elements. All of our employees have entered into confidentiality and proprietary information agreements with us. These agreements address intellectual property protection issues and require our employees to assign to us all of the inventions, designs, and technologies they develop during the course of employment with us. We also seek confidentiality and proprietary information protection from our customers and business partners before we disclose any sensitive aspects of our demand

21

Table of Contents

response and energy management technology or business strategies. We have not been subject to any material intellectual property claims.

Intellectual Property

        We utilize a combination of intellectual property safeguards, including patents, copyrights, trademarks and trade secrets, as well as
employee and third-party confidentiality and proprietary information agreements, to protect our intellectual property. As of December 31, 2008, in the United States we held two patents, one of which
expires in 2024 and the other of which expires in 2022, and one pending patent application. We also had three pending patent applications filed under the Patent Cooperation Treaty for Canada and
Australia. Our patent applications, and any future patent applications might not result in a patent being issued with the scope of the claims we seek, or at all; and any patents we may receive may be
challenged, invalidated or declared unenforceable. We continually assess appropriate circumstances for seeking patent protection for those aspects of our
technology, designs and methodologies and processes that we believe provide significant competitive advantages.

        As
of December 31, 2008, we held 12 trademarks/service marks in the United States. These are EnerNOC, ENERBLOG, Get More from Energy, Energy for Education, Capacity on Demand, PowerTrak,
Celerity Energy, eNode, The Greenest Kilowatt-hour is the One Never Used, One-Click Curtailment, Clean Green California and CarbonTrak. Several of these trademarks are also registered in Australia and
Canada. In addition, we have a number of trademark applications pending in the United States, Canada, and Australia.

        With
respect to, among other things, proprietary know-how that is not patentable and processes for which patent protection may not offer the best legal and business protection, we rely
on trade secret protection and employ confidentiality and proprietary information agreements to safeguard our interests. We believe that many elements of our demand response solutions involve
proprietary know-how, technology or data that are not covered by patents or patent applications, including technical processes, equipment designs, algorithms and procedures. We have taken security
measures to protect these elements. All of our employees have entered into confidentiality and proprietary information agreements with us. These agreements address intellectual property protection
issues and require our employees to assign to us all of the inventions, designs, and technologies they develop during the course of employment with us. We also seek confidentiality and proprietary
information protection from our customers and business partners before we disclose any sensitive aspects of our demand

21

HREF="#bg49201a_main_toc">Table of Contents

response
and energy management technology or business strategies. We have not been subject to any material intellectual property claims.

Intellectual Property

        We utilize a combination of intellectual property safeguards, including patents, copyrights, trademarks and trade secrets, as well as
employee and third-party confidentiality and proprietary information agreements, to protect our intellectual property. As of December 31, 2008, in the United States we held two patents, one of which
expires in 2024 and the other of which expires in 2022, and one pending patent application. We also had three pending patent applications filed under the Patent Cooperation Treaty for Canada and
Australia. Our patent applications, and any future patent applications might not result in a patent being issued with the scope of the claims we seek, or at all; and any patents we may receive may be
challenged, invalidated or declared unenforceable. We continually assess appropriate circumstances for seeking patent protection for those aspects of our
technology, designs and methodologies and processes that we believe provide significant competitive advantages.

        As
of December 31, 2008, we held 12 trademarks/service marks in the United States. These are EnerNOC, ENERBLOG, Get More from Energy, Energy for Education, Capacity on Demand, PowerTrak,
Celerity Energy, eNode, The Greenest Kilowatt-hour is the One Never Used, One-Click Curtailment, Clean Green California and CarbonTrak. Several of these trademarks are also registered in Australia and
Canada. In addition, we have a number of trademark applications pending in the United States, Canada, and Australia.

        With
respect to, among other things, proprietary know-how that is not patentable and processes for which patent protection may not offer the best legal and business protection, we rely
on trade secret protection and employ confidentiality and proprietary information agreements to safeguard our interests. We believe that many elements of our demand response solutions involve
proprietary know-how, technology or data that are not covered by patents or patent applications, including technical processes, equipment designs, algorithms and procedures. We have taken security
measures to protect these elements. All of our employees have entered into confidentiality and proprietary information agreements with us. These agreements address intellectual property protection
issues and require our employees to assign to us all of the inventions, designs, and technologies they develop during the course of employment with us. We also seek confidentiality and proprietary
information protection from our customers and business partners before we disclose any sensitive aspects of our demand

21

HREF="#bg49201a_main_toc">Table of Contents

response
and energy management technology or business strategies. We have not been subject to any material intellectual property claims.

Intellectual Property

        We utilize a combination of intellectual property safeguards, including patents, copyrights, trademarks and trade secrets, as well as employee and third-party confidentiality agreements, to protect our intellectual property. As of December 31, 2007, in the United States we held one business method patent, which expires in 2024, and we had eight pending patent applications, including two pending United States applications, two pending Patent Cooperation Treaty international applications and four pending foreign applications. Our patent applications, and any future patent applications, might not result in a patent being issued with the scope of the claims we seek, or at all, and any patents we may

19

receive may be challenged, invalidated or declared unenforceable. We continually assess appropriate circumstances for seeking patent protection for those aspects of our technology, designs and methodologies and processes that we believe provide significant competitive advantages.

        As of December 31, 2007, we held ten trademarks/service marks in the United States. These are EnerNOC, Get More from Energy, Energy for Education, Capacity on Demand, PowerTrak, EnerNOC Exchange, Celerity Energy, eNode, ebidenergy.com and ENTREX. We also have trademark applications pending that correspond to the following marks: The Greenest kWh is the One Never Used, The Greenest Kilowatt-hour is the One Never Used, The Greenest kW is the One Never Built, The Greenest Kilowatt is the One Never Built, the Cleanest kWh is the One Never Used, One-Click Curtailment, Negawatt Network and CarbonTrak.

        With respect to, among other things, proprietary know-how that is not patentable and processes for which patents are difficult to enforce, we rely on trade secret protection and confidentiality agreements to safeguard our interests. We believe that many elements of our demand response solutions involve proprietary know-how, technology or data that are not covered by patents or patent applications, including technical processes, equipment designs, algorithms and procedures. We have taken security measures to protect these elements. All of our employees have entered into confidentiality and proprietary information agreements with us. These agreements address intellectual property protection issues and require our employees to assign to us all of the inventions, designs, and technologies they develop during the course of employment with us. We also seek confidentiality from our customers and business partners before we disclose any sensitive aspects of our demand response and energy management technology or business strategies. We have not been subject to any material intellectual property claims.

Intellectual Property

        We utilize a combination of intellectual property safeguards, including patents, copyrights, trademarks and trade secrets, as well as employee and third-party
confidentiality agreements, to protect our intellectual property. As of December 31, 2007, in the United States we held one business method patent, which expires in 2024, and we had eight
pending patent applications, including two pending United States applications, two pending Patent Cooperation Treaty international applications and four pending foreign applications. Our patent
applications, and any future patent applications, might not result in a patent being issued with the scope of the claims we seek, or at all, and any patents we may

19

receive
may be challenged, invalidated or declared unenforceable. We continually assess appropriate circumstances for seeking patent protection for those aspects of our technology, designs and
methodologies and processes that we believe provide significant competitive advantages.

        As
of December 31, 2007, we held ten trademarks/service marks in the United States. These are EnerNOC, Get More from Energy, Energy for Education, Capacity on Demand, PowerTrak,
EnerNOC Exchange, Celerity Energy, eNode, ebidenergy.com and ENTREX. We also have trademark applications pending that correspond to the following marks: The Greenest kWh is the One Never Used, The
Greenest Kilowatt-hour is the One Never Used, The Greenest kW is the One Never Built, The Greenest Kilowatt is the One Never Built, the Cleanest kWh is the One Never Used,
One-Click Curtailment, Negawatt Network and CarbonTrak.

        With
respect to, among other things, proprietary know-how that is not patentable and processes for which patents are difficult to enforce, we rely on trade secret protection
and confidentiality agreements to safeguard our interests. We believe that many elements of our demand response solutions involve proprietary know-how, technology or data that are not
covered by patents or patent applications, including technical processes, equipment designs, algorithms and procedures. We have taken security measures to protect these elements. All of our employees
have entered into confidentiality and proprietary information agreements with us. These agreements address intellectual property protection issues and require our employees to assign to us all of the
inventions, designs, and technologies they develop during the course of employment with us. We also seek confidentiality from our customers and business partners before we disclose any sensitive
aspects of our demand response and energy management technology or business strategies. We have not been subject to any material intellectual property claims.