Chapter 6 noted that Friendster has obtained a number of social networking patents that it could potentially assert against other social networking sites such as
Facebook and MySpace. Suppose you are corporate counsel at one of these two companies and you expect that you may eventually be sued by Friendster. In addition to
contesting the validity or enforceability of the Friendster patents, what are some of your other options?
Additional R es ources
• U.S. Patent and Trademark Office, http://www.
• World Intellectual Property Organization (WIPO),
• Google Patent Search, http://www.google.com/patents
• David Orozco & James Conley, Shape of Things to
Come, WALL. ST. J., May 12, 2008, available at, http://
• James Besson & Michael Meurer, Patent Failure
• Adam B. Jaffe & Josh Lerner, Innovation and its
Discontents: How Our Broken Patent System is
Endangering Innovation and Progress(2004)
Netflix v. Blockbuster, 2006 WL 2458717 (N.D. Cal. Aug. 22, 2006).
See Caroline McCarthy, Facebook ’ s Newsfeed Patent Could Mean Lawsuits , CNET NEWS, http://www.cnn.com/
Antonious v. Spalding & Evenflo Co.,275 F.3d 1066 (Fed. Cir. 2002).
206 Part 2: I n t e l l e c t u a l P ro p e rt y : B u si n e ss As se t s i n t he I n f o rm a t i o n A g e
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