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
Lisa Kobialka
(Kramer, Levin, Naftalis & Frankel LLP)
James R. Hannah
(Kramer, Levin, Naftalis & Frankel LLP)
Defendant
Jeffrey T. Norberg
(Neal & McDevitt LLC)
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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