* Think Computer coined the term "The Facebook" to describe an in-house portal system at Harvard University which they built, back in 2003.
* At some point Mark Zuckerberg registered "thefacebook.com" and started making a competing student portal. He later renamed this to facebook.com (thefacebook.com still redirects to facebook.com to this day)
* Think Computers was content to let sleeping dogs lie for the most part, but decided that they wanted to publish a book about their portal system and the title of the book contained the words "the facebook".
* Facebook.com sued Think Computers for trademark infringement and got advertisement for the book blocked.
* Think Computers countersued facebook.com, claiming fraud in their trademark, because Mark Zuckerberg was classmates with Think Computers CEO at the time and knew that he had previously coined "the facebook" for his portal system.
* Facebook tried to get the fraud count removed, presumably because if they are found guilty, penalties may extend beyond the loss of the trademark "Facebook".
* The court just ruled that the fraud count will not be removed for the upcoming trial.