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November 21, 2008: Our Copyright Reply

On November 21, 2008, we filed our reply to Katzer's opposition to our motion for preliminary injunction (see previous item), along with a declaration and a number of exhibits. We point out his mistatements of facts and law, and use his own exhibits to demonstrate that his story of why he thought he can use the JMRI decoder definitions isn't right.

We also filed a motion to strike parts of Katzer's and Russell's declarations. Although they should be allowed to tell their story, they aren't allowed to just assert things without justifying them. The motion requests that the Judge disallow certain of their statements. Katzer and Russell talk about their beliefs that Jacobsen infringed and that the '329 patent was valid, but they didn't state the basis for this belief, which is required by the rules. Under the rules, Jacobsen is entitled to have those statements stricken. We expect that Katzer will respond to this pretty soon, and we'll post that when it becomes available.

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