Our legal team filed a Motion requesting dismissal for failure to state a claim upon which relief can be granted; using pertinent, common sense, sound legal arguments based on civil rights, the constitutional concept and the legal limits of copyrights, and ABIM's lateness in filing the lawsuit (knowing that I could lose defensive evidence in the process).
Opposing that Motion, ABIM and its people ignore case law and repeat their totally unsubstantiated claim that they “could not” discover who Dr Arora was emailing with until years after having electronic copies of the emails. Yet from the day Dr Arora’s computers were confiscated, ABIM had the resources, the money, and the ability, both legal and technical, to do it. The emails had, after all, happened only four months before ABIM got its hands on them. They never even bothered to ask Dr Arora.
In another part of its Opposition, ABIM seems to be claiming ownership of the basic subject matter of internal medicine.
We have included our Motion, ABIM’s Opposition and our Reply. Read them in order and reach your own conclusions. Your opinions will be most valuable to us. The three documents below.