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October 10, 2008: Preliminary Injunction and Other Motions

At the August status conference the Court decided that both sides would resubmit their written arguments to the Court. We have therefore filed two sets of documents with the Court.

The first set, filed Friday October 3, 2008 is our motion (and related declarations) for a preliminary injunction under both copyright law and the Digital Millenium Copyright Act (DMCA).

The second set, filed October 10, 2008, are our oppositions to two motions by Katzer. Back in December 2007, he filed his "Third Motion to Dismiss", asking the Court to dismiss our DMCA and breach of contract claims. He also asked the Court to strike our request for statutory damages for Katzer's copyright infringement. Our response argues that these should remain.

In February 2008, Katzer also filed a "Fourth Motion to Dismiss" seeking to have the patent claims removed because he disclaimed the '329 patent. We argue in our response (and associated exhibits) that Katzer is attempting to evade responsibility for his own bad acts, and that the law says that we can still hold him responsible.

Katzer's responses to these are due on November 7, 2008. We then get to file a reply regarding the preliminary injunction by November 21, 2008. Those will all be added to the docket page as soon as they are available. At that point, all the paper briefing is done, and the Judge can decide the motions at any time. If he has any questions, those will be discussed at a hearing, currently scheduled for December 19, 2008.

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