Facebook attempts to use this NDAto show that Leader made a public disclosure to Wright Patterson eight days earlier, on Apr. 2, 2001, without the protection of a non-disclosure agreement. Inventor Michael McKibben testified at trial that a Vincent Russo attended the Apr. 2, 2001 meeting as WPAFB and signed an NDA on Apr. 2, 2001. Facebook's appeal Red Brief accused McKibben of inventing the Apr. 2, 2001 Russo NDA as a "phantom NDA," however, the Congressional Record proves that McKibben testified truthfully. S. Hrg. 108-100.