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Facebook's Counterclaims to Yahoo's Patent Lawsuit

Facebook's Counterclaims to Yahoo's Patent Lawsuit

Ratings: (0)|Views: 47,471 |Likes:
Published by DealBook
Facebook's response to a patent lawsuit by Yahoo, in which the social network argues that its opponent has violated intellectual property as well.
Facebook's response to a patent lawsuit by Yahoo, in which the social network argues that its opponent has violated intellectual property as well.

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Published by: DealBook on Apr 03, 2012
Copyright:Attribution Non-commercial

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06/13/2012

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OUNTERCLAIMS
CV-12-01212-JSW
COOLEY LLPSTEPHEN C. NEAL (170085)(nealsc@cooley.com)MICHAEL G. RHODES (116127)(rhodesmg@cooley.com)HEIDI L. KEEFE (178960)(hkeefe@cooley.com)MARK R. WEINSTEIN (193043)(mweinstein@cooley.com)5 Palo Alto Square3000 El Camino RealPalo Alto, CA 94306-2155Telephone:(650) 843-5000Facsimile:(650) 849-7400Attorneys for DefendantFACEBOOK, INC.WILMER CUTLER PICKERINGHALE AND DORR LLPWILLIAM F. LEE (
 Pro Hac Vice
Pending)(william.lee@wilmerhale.com)CYNTHIA D. VREELAND (
 Pro Hac Vice
Pending)(cynthia.vreeland@wilmerhale.com)60 State StreetBoston, MA 02109Telephone:(617) 526-6000Facsimile:(617) 526-5000MARK D. SELWYN (244180)(mark.selwyn@wilmerhale.com)JOSEPH F. HAAG (248749)(joseph.haag@wilmerhale.com)950 Page Mill RoadPalo Alto, CA 94304Telephone:(650) 858-6000Facsimile:(650) 858-6100UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIASAN FRANCISCO DIVISIONYAHOO! INC.,Plaintiff,v.FACEBOOK, INC.,Defendant.Case No. CV-12-01212-JSW
DEFENDANT FACEBOOK, INC.’SANSWER; COUNTERCLAIMAGAINST YAHOO! INC. FOR PATENT INFRINGEMENTJURY TRIAL DEMANDED
FACEBOOK, INC.,Counterclaim-plaintiff,v.YAHOO! INC.,Counterclaim-defendant.
 
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OUNTERCLAIMS
CV-12-01212-JSW
Defendant Facebook, Inc. (“Facebook”) hereby submits the following Answer to theComplaint for Patent Infringement of Yahoo! Inc. (“Yahoo!”). Facebook’s Counterclaim for Patent Infringement against Yahoo! is set forth below following the Answer.
THE PARTIES
1.Facebooklacks sufficient information to form a belief as to the truth of theallegations recited in this paragraph, and on that basis denies them.2.Facebook admits that it is a Delaware corporation with its principal place o business at 1601 Willow Road, Menlo Park, California 94025. Facebook admits it operates awebsite at www.facebook.com as well as associated mobile applications and social plugins.Except as expressly admitted herein, Facebook denies the remaining allegations of this paragraph.
NATURE OF THE ACTION
3.This paragraph contains a legal conclusion to which no response is required.4.Facebook denies the allegationsset forth in this paragraph.
JURISDICTION AND VENUE
5.This paragraph contains legal conclusions to which no response is required.6.Facebook admits that this Court has personal jurisdiction over Facebook.Facebook denies that it has committed any acts of patent infringement and/or contributed to or induced acts of patent infringement by others in this or any other District.7.Facebook admits that venue is proper in this judicial district.
INTRADISTRICT ASSIGNEMENT
8.This paragraph contains legal conclusions to which no response is required.
FACTUAL BACKGROUNDYahoo!’s History
9.This paragraph of the Complaint consists of allegations regarding Yahoo! thatFacebooklacks sufficient information to admit or deny, and on that basis, Facebook denies theallegations of this paragraph.10.This paragraph of the Complaint consists of allegations regarding Yahoo! thatFacebooklacks sufficient information to admit or deny, and on that basis, Facebook denies the
 
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allegations of this paragraph.11.This paragraph of the Complaint consists of allegations regarding Yahoo! thatFacebooklacks sufficient information to admit or deny, and on that basis, Facebook denies theallegations of this paragraph.12.This paragraph of the Complaint consists ofallegations regarding Yahoo! thatFacebooklacks sufficient information to admit or deny, and on that basis, Facebook denies theallegations of this paragraph.13.This paragraph of the Complaint consists of allegations regarding Yahoo! thatFacebooklacks sufficient information to admit or deny, and on that basis, Facebook denies theallegations of this paragraph.
Yahoo!’s Alleged Innovations
14.This paragraph of the Complaint consists of allegations regarding Yahoo! thatFacebooklacks sufficient information toadmit or deny, and on that basis, Facebook denies theallegations of this paragraph.15.This paragraph of the Complaint consists of allegations regarding Yahoo! thatFacebooklacks sufficient information to admit or deny, and on that basis, Facebook denies theallegations of this paragraph.16.This paragraph of the Complaint consists of allegations regarding Yahoo! thatFacebooklacks sufficient information to admit or deny, and on that basis, Facebook denies theallegations of this paragraph.17.This paragraph of the Complaint consists of allegations regarding Yahoo! thatFacebooklacks sufficient information to admit or deny, and on that basis, Facebook denies theallegations of this paragraph.
Yahoo!’s Patents-in-Suit
18.Facebook admits that messaging and privacy are offered as options on certainwebsites. Facebook denies that “[w]ithout Yahoo!’s achievements, websites such as Facebook would not enjoy repeat visitors or substantial advertising revenue.” Facebook further denies thatthe functions identified in this paragraph of the Complaint involved any innovation by Yahoo!.

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