The fight to retain investors is on. In response to Yahoo!’s recent patent infringement suit, Facebook has filed a counterclaim using ten patents of its own. Well, sort of their own. Of the patents asserted, only two were originally assigned to Facebook, which further illustrates our point that Facebook's patent activity is indicative of a company desperate for patent protection. However, Yahoo!’s litigation indicates desperation for revenue, having recently announced plans to layoff 14% of its employees. Could this fight have been avoided, sparing both litigation expenses and JOBS?