ASTM v. PUBLIC.RESOURCE.ORG, INC.

No. 22-7063.

82 F.4th 1262 (2023)

AMERICAN SOCIETY FOR TESTING AND MATERIALS, et al., Appellants v. PUBLIC.RESOURCE.ORG, INC., Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided September 12, 2023.


Attorney(s) appearing for the Case

Kelly M. Klaus argued the cause for appellants. With him on the briefs were J. Kevin Fee , Jane W. Wise , Stanley J. Panikowski , Donald B. Verrilli, Jr. , Rachel G. Miller-Ziegler , Jeffrey S. Bucholtz , David P. Mattern , Kenneth L. Steinthal , and Rose Leda Ehler . Alexandra C. Lim entered an appearance.

Gary D. Sesser was on the brief for amici curiae American National Standards Institute and Six Standards Organizations in support of appellants.

Jack R. Bierig was on the brief for amici curiae American Medical Association, et al. in support of appellants.

Nancy E. Wolff and Scott J. Sholder were on the brief for amicus curiae Copyright Alliance in support of appellants. Brian A. Coleman entered an appearance.

Corynne McSherry argued the cause for appellee. With her on the brief were Andrew P. Bridges , Matthew B. Becker , Mitchell L. Stoltz , and David E. Halperin.

Charles Duan was on the brief for amici curiae Former Government Publishing Officials Raymond A. Mosley and Robert C. Tapella in support of appellee.

Blake E. Reid was on the brief for amicus curiae Prime Access Consulting, Inc., in support of appellee.

Harold Feld was on the brief for amici curiae Library Futures Institute, et al., in support of appellee.

Erik Stallman and Jennifer M. Urban were on the brief for amici curiae Intellectual Property Law Professors in support of appellee.

Gabriel Rottman , Bruce D. Brown , and Katie Townsend were on the brief for amici curiae Reporters Committee for Freedom of the Press and 11 Media Organizations in support of appellee.

Joseph C. Gratz was on the brief for amicus curiae County of Sonoma in support of appellee.

Jef Pearlman was on the brief for amicus curiae Congresswoman Zoe Lofgren in support of appellee.

Jacob M. Karr was on the brief for amicus curiae National Association for the Advancement of Colored People in support of appellee.

Nina Srejovic , Rebecca Chambers , and Teague Paterson were on the brief for amicus curiae American Federation of State, County and Municipal Employees in support of appellee.

Before: Henderson, Pillard, and Katsas, Circuit Judges.


Many private organizations develop and copyright suggested technical standards for an industry, product, or problem. Federal and state governments often incorporate such standards into law. This case presents the question whether third parties may make the incorporated standards...

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