The Clarinet BBoard
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Author: Mark Charette
Date: 2011-04-16 19:59
I follow decisions in IP law for fun, and the recent 9th Circuit decision on the lawsuit against Facebook is a fun one ...
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"The ensuing litigation involved several other parties and gave bread to many lawyers, but the details are not particularly relevant here."
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"The parties agreed that Facebook would swallow up ConnectU, the Winklevosses would get cash and a small piece of Facebook, and both sides would stop fighting and get on with their lives."
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"The Winklevosses are not the first parties bested by a competitor who then seek to gain through litigation what they were unable to achieve in the marketplace. And the courts might have obliged, had the Winklevosses not settled their dispute and signed a release of all claims against Facebook. With the help of a team of lawyers and a financial advisor, they made a deal that appears quite favorable in light of recent market activity."
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"For whatever reason, they now want to back out. Like the district court, we see no basis for allowing them to do so. At some point, litigation must come to an end. That point has now been reached.
AFFIRMED.
KOZINSKI, Chief Judge"
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