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Jury verdict gives Facebook victory in patent case

MATTHEW BARAKAT
AP Business Writer

McLEAN, Va. (AP) — Facebook successfully defended itself against a lawsuit that claimed the social media company infringed on patents held by a Dutch programmer who launched a website called “Surfbook” more than a decade ago.

A holding company called Rembrandt Social Media had alleged that a now-deceased Dutch computer programmer, Joannes Van Der Meer, developed and patented methods for running a Web-based personal diary before Facebook came into existence in 2003. But Van Der Meer’s website, Surfbook, never got off the ground.

Facebook said the patents should never have been issued to Van Der Meer, in part because they described methods that would be obvious to people in the trade.

Patent-infringement cases rarely make it to a jury trial, and Facebook had fought for a year to keep the case from getting to a jury. Experts say that jury rulings in such cases can be unpredictable.

A jury returned a verdict Friday in favor of Facebook after a weeklong civil trial in U.S. District Court in Alexandria, Virginia.

Rembrandt lawyers and officials did not immediately return phone calls and emails seeking comment on whether they planned to appeal. The company complained about rulings before and during the trial that hurt its case.

U.S. District Judge T.S. Ellis III barred Rembrandt’s expert on potential damages from testifying. Rembrandt tried unsuccessfully before the trial began to appeal that ruling to the 4th U.S. Circuit court of Appeals in Richmond. And during the trial, Rembrandt complained that questions Ellis asked of witnesses unfairly hurt Rembrandt’s case in front of the jury, and asked for a new trial. Ellis rejected the motion.

Rembrandt had claimed that features on Facebook, including the “like” and “share” buttons, as well as adjustable privacy settings, were all anticipated under Van Der Meer’s patents. More technically, the lawsuit alleged that technology called Bigpipe, used by Facebook to speed up the loading of web pages, directly infringed on Van Der Meer’s patents.

Menlo Park, California-based Facebook is frequently a target of patent-infringement lawsuits. Jason Rantanen, a law professor at the University of Iowa who specializes in patent law, said he could find only one other case where Facebook was the primary defendant in a patent-infringement trial that made it all the way to a jury. Facebook won that case as well.

In 2008, Facebook agreed to pay a $65 million settlement to twins Cameron and Tyler Winklevoss, Harvard classmates of Facebook CEO Mark Zuckerberg. They claimed that Zuckerberg stole their idea.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. 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If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. 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