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 Plaintiffs 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 Plaintiffs 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 Plaintiffs second amended complaint, and the associated relief requested in Plaintiffs 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 Jacobsens 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.) _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
