Think about it: this may well be the only time Zuckerberg will take a company public. That moment of being in New York and ringing that bell is something many entrepreneurs dream about. And he’s forgoing it. Instead, he’s pulling an all-night hackathon with the team as I write this post. It may be posturing but, if that’s the case, it’s brilliant posturing.

"The parties acknowledge that FB desires to enable Zynga to build the Zynga Platform on top of the Facebook Platform, and the parties desire to, amongst other goals set forth herein, work together to increase the number of users of each party’s products and services.

The parties further acknowledge that Zynga is making a significant commitment to the Facebook Platform (i.e., using Facebook as the exclusive Social Platform on the Zynga Properties and granting FB certain title exclusivities to Zynga games on the Facebook Platform).

Last year, Facebook was named as a defendant in 22 lawsuits accusing it of patent infringement, double the number from 2010, according to a Reuters analysis of court documents on legal database Westlaw, a Thomson Reuters unit.

Facebook is expected to file to raise US$5bn in a preliminary IPO prospectus on Wednesday morning, which while less than anticipated could be increased to ultimate investor demand, according to sources close to the deal.