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Facebook Public Offering (S-1) Analysis

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Uploaded on Feb 2, 2012

Facebook did not disclose the Leader v. Facebook litigation. When is a pending Federal Circuit appeal not considered "material," especially when a damages, willfulness, and injunction trial is on the other side of that appeal (damages could be 5-25% of Facebook's gross revenue from 2006 to 2021)? Should Facebook's counsels Theodore W. Ullyot and Michael Rhodes not disclose their roles in hiding 60% of Interrogatory No. 9 from the jury in Leader v. Facebook? Should not Fenwick & West LLP, who formerly represented Facebook's opponent Leader Technologies during critical dates attacked by Facebook, disclose that conflict of interest?

Proof of Fenwick & West LLP's 2002 association with Leader Technologies is in evidence in Leader v. Facebook on PDF page 105 of this trial document: http://www.leader.com/leader-v-facebo.... See also further proof at http://www.archive.org (search "fenwick.com" and go to Feb. 9, 2002, then click "Attorneys" and go to "Kevin Kelso").

[Feb. 6, 2012 NOTE#1: Th archive.org link above was REMOVED inexplicably between Feb. 5 and Feb. 6, 2012. Fortunately, this record was captured by a blogger and is available at http://www.scribd.com/doc/80653821/Fe... (the actual link is still accessible, only the Feb. 9, 2012 timeline circle link no longer appears.]

[Feb. 6, 2012 NOTE#2: Three "Big Winners" (Molly Wood, CNET) in the prospective Facebook IPO will be Accel Partners' James W. Breyer, Jim Swartz and Ping Lee. Reliable reports are surfacing that Swartz and Lee had access to Leader Technologies' business plans under a non-disclosure agreement within months of Accel Partners' first investment in Facebook in 2005.]

Facebook has not disclosed their Leader v. Facebook liability to prospective investors.

See "How Facebook tricked the jury" at YouTube - http://www.youtube.com/watch?v=VkMdF5... and Blogspot - http://facebook-technology-origins.bl... for more information on Leader v. Facebook.

Georgia-Pacific Corp. v United States Plywood Corp is the seminal case for determining reasonable royalties in a patent infringement case. A PDF copy of the Facebook Public Offering S-1 can be obtained from http://www.docstoc.com/docs/111865258... or the SEC website at http://www.sec.gov/Archives/edgar/dat...

Leader Technologies, Inc. v. Facebook, Inc., 08-CV-862-LPS (D.Del. 2008).
Leader Tech v. Facebook, Case No. 2011-1366 (Fed. Cir.).

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