5101520252 3 4 6 7 8 9 Jr.,'''' ruc:ruQ, Q .w'r, c::: c::: (1) ruc:::oW >,'''' ru ..c:::ruo.. ..Q oW'r'"") ~ c : : : r u ::J"-l 'r'"")o r u ~ 0:; feed feature," the "like/emotions feature," the "optimization feature," the "claim feature," and the "community contribution feature" through August 2007. Plaintiff's disclosures of confidential information regarding Plaintiff's Trade Secrets to Taylor during this time period were made pursuant to the June 2007 oral confidentiality agreement, an oral confidentiality agreement between Plaintiff and Taylor which was entered in July 2007 and which was acknowledged in writing, and a written agreement that contained a confidentiality clause which was entered by Taylor in August 2007. 21. Upon information and belief, Defendants misappropriated Plaintiff's Trade Secrets by improper means including, but not limited to, stealing Plaintiff's Trade Secrets and disclosing and using them in violation of the confidentiality agreements between Taylor and Plaintiff including, but not limited to, the June 2007 oral confidentiality agreement, the July 2007 oral confidentiality agreement acknowledged in writing, and the August 2007 written confidentiality agreement, and/or with actual or constructive knowledge that Plaintiff's Trade Secrets were either stolen and/or were disclosed in violation of the confidentiality agreements. 22. For example, Plaintiff's Trade Secrets were incorporated by the Defendants, into the Facebook "smart lists" feature which is virtually identical to the Plaintiff's Bubbles Around You/Spheres of Influence trade secret. Exhibit B shows the Facebook "manual lists" and "smart lists" implemented in September 2011 show a geo-spatial radius from a user that is both automatically set ("smart list") and manually editable by a user ("manual list"). 23. As of January 18,2012, the Facebook website FAQ section mirrors concepts in the Plaintiff's Bubbles Around You/Spheres of Influence trade secrets when it describes the new Facebook feature as: Lists are an optional way for to you organize your friends on Facebook so you can filter the stories you see in News Feed or post an update for specific people from one part of your life, like your coworkers or friends who live near you. (See Exhibit C, Facebook FAQ as of January 18,2012). 24. Facebook's website incorporates the Plaintiff's "smart list" feature that automatically- 8 PLAINTIFF'S COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF OOO13.00019LT 12345678910111213141516171819202122232425262728t.>r ~ E; ... 0 ... ::.: CJ ~ Q) Q) ..., .w ~ ~ c : Q)c: roc:.w :::,...., ro ..c:roQ. ..Q .w'r, r