Phillip Morton

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Trial win for Facebook in patent case targeting “Like” button

July 27, 2016

Cooley defended Facebook in a patent infringement suit that targeted one of Facebook's most prominent features – the "Like" button. Rembrandt Social Media filed the case in the Eastern District of Virginia, accusing Facebook of willfully infringing two patents covering social media.

Originally, Rembrandt accused Facebook of willfully infringing two patents but we convinced the court to dismiss willful and indirect patent infringement claims early in the case. We also persuaded the judge to exclude the testimony of two Rembrandt expert witnesses, including, significantly, an expert tasked with calculating damages. As a result of this ruling, Rembrandt filed an appeal with the Federal Circuit, which was denied, and the case proceeded to trial.

In June 2014, following a five day trial, Cooley secured a complete defense verdict - the jury issued a ruling of non-infringement and also invalidated the two patents. To date, Facebook has had only two patent jury trials, both of which Cooley has resolved successfully.

Related contacts

Michael Rhodes
Partner, San Francisco
Heidi Keefe
Partner, Palo Alto
Mark Weinstein
Partner, Palo Alto
Phillip Morton
Partner, Washington, DC
Liz Stameshkin
Special Counsel, Palo Alto
Andrew Mace
Special Counsel, Palo Alto
Dane Voris
Special Counsel, Boston

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Legal 500: Intellectual Property: Patents - Litigation

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Federal Circuit Bar Association

International Trade Commission Trial Lawyers Association

American Bar Association - Intellectual Property Law Section

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