JMRI Defense: Papers from First Appeal to the Court of Appeals for the Federal Circuit

Most of our legal defense is happening in the Northern District of Calfornia federal court. Papers from there are available on our main docket page.

On this page, we're providing copies of the court papers from our first appeal to the Court of Appeals for the Federal Circuit, located in Washington DC. This took place during 2008. If you're interested in papers from the second appeal, during 2009, they're on a separate page.

Court of Appeals Decision

On August 13, 2008, the Court of Appeals ruled in favor of JMRI. The entire ruling is available as a PDF file. This decision can be referenced as "Jacobsen v. Katzer, 535 F.3d 1373, 1381 (Fed. Cir. 2008).".

Key Appeal Documents

Note that these are presented in a "logical" order, not necessarily the chronological order in which they were filed. This is to intended to make it easier to understand how the key documents are interrelated. The complete chronological listing is below.

• (Corrected) JMRI Appellant Brief, 12/21/2007
• Amicus Brief by Creative Commons Corp, The Linux Foundation, The Open Source Initiative, Software Freedom Law Center, Yet Another Society and Wikimedia Foundation in support of Plaintiff-Appellant Urging Reversal
  • Associated Motion Requesting Permission to File
• Katzer Appellee Brief, 1/29/2008
• JMRI Appellant Reply Brief, 2/15/2008
• Oral Argument Order, 3/21/2008
• Katzer's Notice of Supplemental Authority
  • Netbula decision (submitted case)
  • Jacobsen's reply
• Amici's Motion for Leave to Participate in Oral Argument
  • Katzer's Opposition, arguing that amici should not be allowed to participate
  • Jacobsen's Response, advocating that amici be allowed to participate
  • Amici's Response, explaining why participation would be helpful to the Court
  • Court's decision denying the request
• We'll provide the transcript of the May 7, 2008 hearing when it becomes available. In the meantime, the audio recording is available.
• JMRI's post-argument citation of supplemental authority
  • Amici's response
  • Katzer's response
• The CAFC's ruling in favor of JMRI.
• Our motion for costs.
  • Katzer's opposition to the motion for costs.

The Complete Appeal Docket

The following is automatically made from the Court's "Docket", a complete listing of the activities and documents in the case in time order. Some of the links for minor documents may not work; if you'd like one, please let us know and we'll update it by hand.

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Listing of Briefs

U.S. Court of Appeals for the Federal Circuit

2/21/2008	Joint Appendix . BY Robert Jacobsen (Appellant ). SERVED BY Mail ON 2/21/2008. FILED ON 2/21/2008 . (NON-CONFIDENTIAL)
2/15/2008	Reply Brief of Plaintiff-Appellant Robert Jacobsen . BY Robert Jacobsen (Appellant ). SERVED BY Mail ON 2/15/2008. FILED ON 2/15/2008 . (NON-CONFIDENTIAL)
1/29/2008	Brief of Appellees . BY Kamind Associates, Inc. (d/b/a KAM Industries) and Matthew Katzer (Appellees ). SERVED BY Mail ON 1/29/2008. FILED ON 1/29/2008 . (NON-CONFIDENTIAL)
12/28/2007	Corrected Brief of Amici Curiae Creative Commons Corporation, The Linux Foundation, The Open Source Initiative, Software Freedom Law Center, Yet Another Society, et al. . BY Creative Commons Corporation, et al. (Amicus ). SERVED BY Mail ON 2/4/2008. FILED ON 12/28/2007 . (NON-CONFIDENTIAL)
12/17/2007	Corrected Brief of Plaintiff-Appellant Robert Jacobsen . BY Robert Jacobsen (Appellant ). SERVED BY Mail ON 12/21/2007. FILED ON 12/17/2007 . (NON-CONFIDENTIAL)
12/18/2007	Brief of Robert G. Jacobsen, Plaintiff-Appellant . BY Robert Jacobsen (Appellant ). SERVED BY Mail ON 12/17/2007. REJECTED ON 12/18/2007 . (NON-CONFIDENTIAL)
1/25/2008	Brief of Amici Curiae Creative Commons Corporation, et al...in Support of Plaintiff-Appellant and Urging Reversal . BY Creative Commons Corporation, et al. (Amici ). SERVED BY Mail ON 1/28/2007. REJECTED ON 1/25/2008 . (NON-CONFIDENTIAL)

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