Facebook’s legal battle with Leader technologies, has taken a new turn! The Delaware District Court judge ordered Facebook to release their source code by August 21, 2009 .
We have a new update on the case, Facebook objected on the orders to release their source code, which has just stalled this case for a while..Both Parties are sticking to their original stand, Leader say, that they need the full access to the source code and Facebook say, that Leader’s contentions are inadequate.
According to the latest public Court Order document dated 4th September 2009, Facebook objections are Denied, and Facebook has to produce its entire source code, for Leader’s review no later than September 15, 2009
According to the Order document, Leader has sufficiently articulated its Infringement contentions that were needed to demonstrate the relevance of this case. Leader alleges that the entirety of Facebook’s website, particularly the “context component” and “tracking component” is infringement to Leader’s patent. Leader have also included a comprehensive detailed narration of, how Facebook website infringes each asserted claim of the ’761 patent; citations to more than 100 screenshots, making it illustrative.
The Court Believes that Facebook understands Leader’s infringement theory and is not persuaded by Facebook’s contentions that it will be irreparably harmed by giving access to their entire source code.
Facebook has requested that they must know, whether Leader offers products that practice claims of the patent-in-suit, however judge agreed with leader that it could be overboard to ask a patentee to disclose all of their products that practice any claim of the patent-in-suit.
Moreover, Facebook has not cited authority that could support requiring a patentee to prove, through detailed claim charts. Facebook is entitled to know every Leader product or service that Leader contends practices any of the asserted claims.
The court has ordered, within ten days of the following order, that Leader shall supplement its response to Facebook and disclose all products and services.
Leader shall provide Facebook with a list of source code modules with respect to which it seeks production of technical documents no later than September 22, 2009.
Facebook shall provide Leader with all such relevant technical documents no later than September 29, 2009 and Leader shall promptly complete its review of Facebook’s Source code and technical documents to Facebook no later than October 15, 2009.
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