Judge Dyk has 17 holdings in Facebook interests, yet failed to disclose this conflict of interest when the Leader v. Facebook appeal came before him. He also failed to disclose that Facebook's appeals attorney, Thomas G. Hungar, Gibson Dunn LLP, represented him personally and the court in a conflict of interest matter in 2010. In addition, he failed to follow well-settled precedent for testing on-sale bar claims, namely Pfaff Electronics and Group One v. Hallmark. He also failed to follow The Dictionary Act and protect Leader Technologies' due process rights when the court fabricated new argument and evidence for Facebook in the secrecy of chambers without a hearing.
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