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Intellectual Property
Patent Infringement
Unfair Business Practices

Leader Technologies Inc., a Delaware corporation v. Facebook Inc., a Delaware corporation

Published: Aug. 7, 2010 | Result Date: Jul. 28, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 1:08-cv-00862-UNA Verdict –  Defense

Court

USDC Delaware


Attorneys

Plaintiff

Sean M. Boyle

Lisa Kobialka
(Kramer, Levin, Naftalis & Frankel LLP)

Paul J. Andre

James R. Hannah
(Kramer, Levin, Naftalis & Frankel LLP)

Philip A. Rovner


Defendant

Jeffrey T. Norberg
(Neal & McDevitt LLC)

Sam O'Rourke

Melissa H. Keyes

Elizabeth L. Stameshkin

Mark R. Weinstein
(Cooley LLP)

Michael G. Rhodes
(Cooley LLP)

Heidi L. Keefe
(Cooley LLP)


Facts

Leader Technologies Inc., a developer of Internet-based systems to help manage communications, was founded by Michael McKibben in 1997. Facebook Inc. was established in 2004. In 2006, a patent was awarded to McKibben and Jeffrey Lamb for a program that managed electronically stored data.

Subsequently, Leader sued Facebook Inc. for patent infringement.

Contentions

PLAINTIFF'S CONTENTIONS:
Leader claimed that it owned a valid patent, which was infringed on by Facebook.

DEFENDANT'S CONTENTIONS:
Facebook claimed Leader's patent was invalid.

Result

The jury found that the patent was invalid based on public use, which dated back to more than a year before the filing of the patent, and the fact that Leader failed to file its patent application within a year of offering the invention for sale, as was required by law.


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