JMRI Defense: Papers from First Appeal to the Court of Appeals for the Federal CircuitMost 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 DecisionOn 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 DocumentsNote 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
- Amici's Motion for Leave to Participate in Oral Argument
- 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
- The CAFC's ruling in favor of JMRI.
- Our motion for costs.
- Katzer's opposition to the motion for costs.
The Complete Appeal DocketThe 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.
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)|