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February 12, 2008: Katzer Doesn't Provide Disclosures, Disclaims A Patent, Moves to Dismiss

Katzer had been ordered to explain by January 31st why he thought that his '329 patent was valid and why Jacobsen infringed. He didn't provide the disclosures required by Judge Laporte, so he was in violation of the order. Instead, on February 1st, he filed a disclaimer of that patent with the US Patent Office. The disclaimer treats the patent as if it never existed, so no one can ever be charged with infringing the '329 patent. Getting that disclaimer out of Katzer is a victory for JMRI, because it removes the threat of that patent.

But Katzer has repeatedly said that he believes that Jacobsen is infringing multiple patents. He said it to the U.S. Department of Energy and Lawrence Berkeley National Laboratory, when he filed a FOIA request for information relating to Jacobsen, and included a bill for $200,000 for the supposed infringement. He also said it several times to the Court. Because he has thirteen other patents, Katzer can still use his patents against JMRI and other model railroaders. Preventing him from asserting the '329 patent was therefore just the start. There is more work to do to prevent Katzer from asserting other ill-gotten patents against innocent parties.

In the meantime, to avoid judgment being entered against him, Katzer asked the Court to dismiss our request for three declaratory judgment causes of action relating to patent as "moot". Katzer is saying that since he disclaimed '329, nobody has anything to fear, and our patent causes of action should be dismissed because federal courts do not decide matters unless there is a "case or controversy", in legal lingo, keeping the matter alive. (His motion asking for this is linked here) Because Katzer has repeatedly said Jacobsen infringed multiple patents, we'll be fighting this vigorously, including filing a motion for early discovery to determine what other patents Katzer believes that Jacobsen infringed.

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