22-04-12

Trial Yahoo-Facebook (2)

    
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FACEBOOK ,INC.’SANSWER ANDCOUNTERCLAIMSCV-12-01212-JSW

Facebook lacks sufficient information to form a belief as to the truth of the remaining allegationsrecited in this paragraph, and on that basis denies them.

19.Facebook admits that website operators who offer services for free may seek togenerate revenue through other means, such as advertising. The remaining allegations of this paragraph consist of assertions regarding Yahoo! that Facebooklacks sufficient information toadmit or deny, and on that basis, Facebook denies them.

20.Facebookadmits that Internet users may regard privacy as important in connection with their use of certain websites, and that some users of certain websites may want to ensure that sensitive information shared on those sites is shared only with specific users. As to practices and features of individual websites or the preferences of individual Internet users, Facebook lacks sufficient information to form a belief as to the truth of the allegations recited in this paragraph,and on that basis denies them. The remaining allegations of this paragraph consist of assertions regarding Yahoo! that Facebook lacks sufficient information to admit or deny, and on that basis, Facebook denies them.

21.Facebook admits that users of some websites may wish to customize their experiences according to their needs and interests. As to preferences of individual users,Facebook lacks sufficient information to form a belief as to the truth of the allegations recited inthis paragraph, and on that basis denies them. The remaining allegations of this paragraph consistof assertions regarding Yahoo! that Facebook lacks sufficient information to admit or deny, andon that basis, Facebook denies them.

22.Facebook admits that some websites incorporate social features, and that the Internet enables many forms of communication. The remaining allegations of this paragraph consist of assertions regarding Yahoo! that Facebook lacks sufficient information to admit or deny, and on that basis, Facebook denies them.

23.Facebook admits that users who connect with and meet new people online may wish to communicate with them, and that instant messaging and e-mail are available means of communication on certain websites. As to preferences of individual users, Facebook lacks sufficient information to form a belief as to the truth of the allegations recited in this paragraph, and on that basis denies them. The remaining allegations of this paragraph consist of assertions regarding Yahoo! that Facebook lacks sufficient information to admit or deny, and on that basis,Facebook denies them.

Facebook’s History

24.Facebook admits that it was founded in 2004, that it is a widely trafficked web site,and that Mr. Mark Zuckerberg is its founder and CEO. Facebook admits that the New Yorker magazine in an article dated September 20, 2010 attributed the following statement to Mr.Zuckerberg: “The thing that’s been really surprising about the evolution of Facebook is—I think then and now—that if we didn’t do this someone else would have done it.” Facebook denies theremaining allegations in this paragraph.

25.Facebook admits that Yahoo! has been granted certain patents. Facebook denies the remaining allegations in this paragraph.

26.Facebook denies the allegations set forth in this paragraph.

27.Facebook admits that it has a feature called News Feed, which was launched in 2006, and that Facebook has privacy settings. Facebook denies Yahoo!’s characterizations of certain statements made in third party publications, as the publications speak for themselves. Facebook denies the remaining allegations set forth in this paragraph.

28.Facebook admits it generates revenue through the sale of ads, that it offers anumber of methods by which ads can be purchased, and that certain ads on Facebook may becharged on a CPC (cost per click) basis. Facebook denies the remaining allegations set forth inthis paragraph.

29.Facebook admits that it takes steps to prevent fraudulent actions taken with respect to advertisements on Facebook. Facebook denies the remaining allegations set forth in this paragraph.

30.Facebook denies the allegations set forth in this paragraph.

31.Facebook denies the allegations set forth in this paragraph.

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COOLEYLLPATTORNEYSATLAWPALOALTO123456789101112131415161718192021222324252627285.FACEBOOK ,INC.’SANSWER ANDCOUNTERCLAIMSCV-12-01212-JSWYAHOO!’S ALLEGATIONS OF INFRINGEMENT:THE ’566, ’111, ’599, AND ’861 PATENTS

32.Facebook denies the allegations in this paragraph.

COUNT I(ALLEGED INFRINGEMENT OF THE ’566 PATENT)

33.Facebook incorporates by reference paragraphs 1-32 of this Answer and Counterclaim as if fully set forth herein.

34.Facebook admits that a copy of U.S. PatentNo. 6,907,566 (the “’566 patent”) was attached to the Complaint as Exhibit 1. Facebook admits that the ’566 patent bears an issuancedate of June 14, 2005 and a title of “Method and System for Optimum Placement of Advertisements on a Webpage.” Facebook denies the remaining allegations of this paragraph.

35.Facebook admits that it received a letter from Yahoo! dated February 27, 2012 in which Yahoo! insisted that Facebook obtain a license to the ’566 patent, among others. Facebook denies the remaining allegations of this paragraph.

36.Facebook denies the allegations set forth in this paragraph.

37.Facebook denies the allegations set forth in this paragraph.

COUNT II(ALLEGED INFRINGEMENT OF THE ’111 PATENT)

38.Facebook incorporates by reference paragraphs 1-32 of this Answer and Counterclaim as if fully set forth herein.

39.Facebook admits that a copy of U.S. Patent No. 7,100,111 (the “’111 patent”) was attached to the Complaint as Exhibit 2. Facebook admits that the ’111 patent bears an issuancedate of August 29,2006 and a title of “Method and System for Optimum Placement of Advertisements on a Webpage.” Facebook denies the remaining allegations of this paragraph.

40.Facebook admits that it received a letter from Yahoo! dated February 27, 2012 in which Yahoo! insisted that Facebook take a license to the ’111 patent, among others. Facebook denies the remaining allegations of this paragraph.

41.Facebook denies the allegations set forth in this paragraph.  

42.Facebook denies the allegations set forth in this paragraph.

COUNT III(ALLEGED INFRINGEMENT OF THE ’599 PATENT)

43.Facebook incorporates by reference paragraphs 1-32 of this Answer andCounterclaim as if fully set forth herein.

44.Facebook admits that a copy of U.S. Patent No. 7,373,599 (the “’599 patent”) was attached to the Complaint as Exhibit 3. Facebook admits that the ’599 patent bears an issuancedate of May 13, 2008 and a title of “Method and System for Optimum Placement of Advertisements on a Webpage.” Facebook denies the remaining allegations of this paragraph.

45.Facebook admits that it received a letter from Yahoo! dated February 27, 2012 inwhich Yahoo! insisted that Facebook take a license to the ’599 patent, among others. Facebook denies the remaining allegations of this paragraph.

46.Facebook denies the allegations set forth in this paragraph.

47.Facebook denies the allegations set forth in this paragraph.

COUNT IV(ALLEGED INFRINGEMENT OF THE ’861 PATENT)

48.Facebook incorporates by reference paragraphs 1-32 of this Answer and Counterclaim as if fully set forth herein.

49.Facebook admits that a copy of U.S. Patent No. 7,668,861 (the “’861 patent”) was attached to the Complaint as Exhibit 4. Facebook admits that the ’861 patent bears an issuancedate of February 23, 2010 and a title of “System and Method To Determine the Validity of anInteraction on a Network.” Facebook denies the remaining allegations of this paragraph.

50.Facebook admits that it received a letter from Yahoo! dated February 27, 2012 inwhich Yahoo! insisted that Facebook take a license to the ’861 patent, among others. Facebook denies the remaining allegations of this paragraph.

51.Facebook denies the allegations set forth in this paragraph.

52.Facebook denies the allegations set forth in this paragraph.

http://www.scribd.com/doc/87849736/Facebook-s-Counterclai...

19:48 Gepost door JX1865 in Facebook, trial, Yahoo | Permalink | Commentaren (0) |  Facebook |

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