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Re: JMRI case -- Implementation of the Federal Circuit's Opinion


From: Alexander Terekhov
Subject: Re: JMRI case -- Implementation of the Federal Circuit's Opinion
Date: Sat, 06 Sep 2008 15:10:01 +0200

Alexander Terekhov wrote:
> 
> "Technically, the Federal Circuit's ruling will have no precedential,
> effect. Because of an unusual quirk in US law, the court had to apply
> the legal standards of a sister appellate court, the 9th Circuit Court
> of Appeals; and the Federal Circuit's interpretation of 9th Circuit law
> has no precedential value. "Even a future Federal Circuit case on this
> area of the law must look again to the regional [9th] circuit and not
> the Federal Circuit interpretation," according to Harold Wegner, a
> partner in the Washington, DC office of Foley & Lardner."

It follows that Katzer has invited the District Court to ignore the
CAFC's ruling:

http://jmri.net/k/docket/230.pdf

-----
RE-NOTICE

To the Court and all interested parties, please take notice that a
hearing on Defendants Matthew Katzer and Kamind Associates, Inc.’s
Motion to Dismiss Counts 5 and 6 of the Second Amended Complaint and
Motion to Strike [Dkt.#192] and Motion to Dismiss Counts 1, 2, and 3 of
Plaintiff’s Second Amended Complaint as Moot [Dkt. #203] will be held on
December 19, 2008 at 9:00am in Courtroom 2, Floor 17, of the
above-entitled court located at 450 Golden Gate Avenue, San Francisco,
California.

MOTION

Defendants Matthew Katzer (“Katzer”) and Kamind Associates, Inc. (“KAM”)
move the court for an order dismissing Counts 5 and 6 of Plaintiff’s
amended complaint without leave to amend; and striking certain portions
of the amended complaint. This Motion is supported by Defendants
previously filed memoranda in support located at Docket entries 192 and
200

MOTION

Defendants Matthew Katzer (“Katzer”) and Kamind Associates, Inc. (“KAM”)
move the court for an order dismissing Counts 1, 2 and 3 of Plaintiff’s
second amended complaint, and the associated relief requested in
Plaintiff’s Prayer for Relief A, B, C, D, E, F, G and T (requesting
costs and attorney fees pursuant to 35 U.S.C. § 285), as moot under Fed.
R. Civ. P. 12(b)(1). This Motion is supported by the Defendants’
previously filed memoranda in support located at Docket entries 203 and
214 and Defendants’ Statement of Additional Authority [Dkt.#220].
-----

http://jmri.net/k/docket/231.pdf

Jacobsen says:

-----
TAKE NOTICE that, on Friday, December 19, 2008, at 9:00 a.m. in
Courtroom 2, 17th floor of the San Francisco Division of the United
States District Court for the Northern District of California, located
at 450 Golden Gate Avenue, San Francisco, California, Plaintiff Robert
Jacobsen will move to enjoin Defendants’ copyright infringement and DMCA
violations. This Motion is based on the Memorandum of Points and
Authorities, and declarations, to be filed Friday, October 3, 2008.

MOTION

Plaintiff Robert Jacobsen moves for a court order to enjoin Defendants
Matthew Katzer and KAMIND Associates, Inc. from infringing Jacobsen’s
copyrights and from violating 17 U.S.C. Sec. 1202.
-----

He he.

regards,
alexander.

--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)


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