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Facebook IPO

Facebook IPO

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Published by derkliner
The undisclosed patent infringement case against FB. Headed to Federal Court March 5, 2012
The undisclosed patent infringement case against FB. Headed to Federal Court March 5, 2012

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Published by: derkliner on Feb 14, 2012
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05/05/2013

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Donna Kline NowBlog Posting 2/10/12www.donnaklinenow.com 
Big trouble ahead for the Facebook IPO? -The undisclosed Patent Infringement case
As you may know, Facebook filed for an initial public offering onFebruary 1, 2012. What you may
not 
know, is that there was a veryominous omission in the S-1:
Facebook has been found guilty of patent infringement against Leader Technologies. An additional trial is set to begin March 5, 2012.
Y
es, there are many cases pending against FB that are
alluded 
to in theS-1 filing e.g.:
We are curre
nt 
ly, a
n
d expec
 
to
be i
n
 
th
e fu
ure, par 
 y 
to
  pa
e
nt 
lawsui
s a
n
oth
er i
nt 
ellec
ual pr 
o
 per 
 y rig
ht 
s claims
th
a
areexpe
n
sive a
n
ime c
on
sumi
n
 g, a
n
d, if res
o
lved adversely, c
o
uld 
h
ave asig
n
ifica
nt 
impac
 
on
 
o
ur busi
n
ess, fi
n
a
n
cial c
on
di
i
on
 
o
r resul 
s
o
 f 
o
 pera
i
on
s. 
p. 19But NOTHING that states there is
a jury verdict against them forliteral infringement on 11 of 11 claims of U.S. Patent # 7,139,761.
(
See
 
L
eader 
 
Tec
hno
o
 gies, I 
n
c. v. Faceb
ook 
Tec
hno
o
 gies, I 
n
c., 08-CV-862-
LPS 
(D.Del. 2008)
What is Patent # 7,139,761?
Oh, just the source code for the entire Facebook platform.
(
WHAT? YOUCANNOT BE SERIOUS!!!)
Leader Technologies claims it was stolenfrom them during the infamous Zuckerberg hacking event at HarvardUniversity on October 28, 2003.
(
Seehttp://en.wikipedia.org/wiki/History_of_Facebook under FaceMash)
(
Also seehttp://www.youtube.com/watch?v=odOzMz-fOOwfor the dramatization of theevent. The first dormitory to pop up in this video scene is Kirkland House, which
 
h
appe
n
s
to be the dorm next to Winthrop House where Leader Technologies CEO,Michael McKibbens, son lived.)
McKibben explains that he had sent the technical white paperdescribing key components of their invention to his son via Email onOctober 22, 2003. This email was in his sons Winthrop inbox duringthe hacking event mentioned above.
 A patent for this technology hadbeen filed on December 11, 2002.
The white papers had
Copyright 2003, Leader Technologies Incorporated, PATENTS PENDING, AllRights Reserved.
 clearly printed in the footer of each page.
(
Seehttp://www.scribd.com/doc/61769732/Leader-v-Facebook-Doc-No-477-Exhibit-28-Leader-White-Paper-from-ARCHIVE-ORG-Oct-22-2003.)
In October of 2003, Leader Technologies was conducting confidentialclinical trial beta tests with Boston Scientific, including Cleveland Clinicand clients of 
 A
ccel 
ar 
tn
ers
. Accel is heavily peopled with Harvardgraduates. Accels official story is that managing partner James Breyerfirst met Zuckerberg in early 2005  almost a year after Zuckerbergmoved to California. However, given Breyers close Harvardconnections this official story is dubious in view of the stupendous
h
eHarvard Crims
on
coverage given to Zuckerberg as a 19 year old student 
(
See below), and his business partner Peter Theils $500,000 investment in Zuckerberg a year earlier in June 2004.
(
http://ecorner.stanford.edu/authorMaterialInfo.html?mid=1567)
(
www.accel.com)
Accel Partners
 
website currently states they partner withentrepreneurs around the world who have unique, breakthrough ideasand the courage to be
 firs
. Translation, they provide capital,
 publici
 y 
 and direction for their clients. Interestingly enough, from October 1,2003 to June 1, 2004, Zuckerberg and thefacebook have morecitations in
h
e Harvard Crims
on
than President George Bush or Google.And many more than Winklevoss or Harvard Connection who were inthe beginnings of an investigation against Zuckerberg at that time.
(
Seehttp://www.thecrimson.com/search/.)
Facebook launched in February andincorporated in June 2004.
 
 Accels total holding in Facebook, including individual partnersthrough various investing entities, is difficult to determine fromthe S-1 filing, but appears to exceed 15% ownership in Facebook.
(
http://www.crunchbase.com/company/facebook .)
Just the beginning
On June 24, 2004, Leader Technologies patent application published.Zuckerberg has testified that Facebooks groups functionality wasprogrammed in the summer of 2004 by an
i
nt 
er 
n
named StevenDawson-Haggerty.
(
Seehttp://www.scribd.com/doc/61612724/The-Facebook-vs-ConnectU-Mark-Zuckerberg-Deposition-April-25-2006p. 91)
There are
c
o
mplexi
ies 
revealed in the deposition cited above. Namely, on pages40 and 41, Zuckerberg states that he began writing the code forFacebook sometime in January of 2004, while taking a full class load at Harvard. Facebook launched on February 4, 2004. Zuckerberg says that he wrote the code for Facebook in somewhere between a week and twoweeks
(
WHAT
???) And, that an
i
nt 
er 
n
was somehow able to write thecode for the groups component over summer vacation.
(
 ARE YOUKIDDING ME
?)
(
See
 http://facebook-technology-origins.blogspot.com/2011/08/mark-zuckerberg-used-leader-white-paper.html.)
Zuckerberg also testified in the ConnectU trial that therewere other sources of information that he lifted, but cannot rememberwhat they are.
(
p. 36)Anyone with a programming background knows that it takes
muc
h
 
longer to program and test code of this nature. Leader Technologiesinvested
145,000 ma
n
-
ho
urs a
n
d 10 milli
on
o
llars
into creating theirinvention by late 2002. They have argued that the similarities betweentheir product and the engine running Facebook are eerily too similar.
(
 And they won
.)
Legal Battle Timeline
* Leader Technologies is awarded patent # 7,139,761 Nov. 21, 2006.

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