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

Filing 198

MOTION for Summary Judgment by AMERICAN SOCIETY FOR TESTING AND MATERIALS, AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR-CONDITIONING ENGINEERS, INC., NATIONAL FIRE PROTECTION ASSOCIATION, INC. (Attachments: # 1 Memorandum in Support, # 2 Appendix A, # 3 Statement of Facts, # 4 Annex A, # 5 Declaration Jane W. Wise, # 6 Exhibit 1-29, # 7 Exhibit 30-44, # 8 Exhibit 45-66, # 9 Exhibit 67-81, # 10 Exhibit 82-109, # 11 Exhibit 110-125, # 12 Exhibit 126-140, # 13 Exhibit 141-148, # 14 Exhibit 149, # 15 Exhibit 150 Part 1, # 16 Exhibit 150 Part 2, # 17 Exhibit 150 Part 3, # 18 Exhibit 150 Part 4, # 19 Exhibit 150 Part 5, # 20 Exhibit 150 Part 6, # 21 Exhibit 150 Part 7, # 22 Exhibit 150 Part 8, # 23 Exhibit 150 Part 9, # 24 Exhibit 150 Part 10, # 25 Exhibit 150 Part 11, # 26 Exhibit 150 Part 12, # 27 Exhibit 150 Part 13, # 28 Exhibit 150 Part 14, # 29 Exhibit 150 Part 15, # 30 Exhibit 151 Part 1, # 31 Exhibit 151 Part 2, # 32 Exhibit 151 Part 3, # 33 Exhibit 152 Part 1, # 34 Exhibit 152 Part 2, # 35 Exhibit 152 Part 3, # 36 Exhibit 152 Part 4, # 37 Exhibit 152 Part 5, # 38 Exhibit 153 Part 1, # 39 Exhibit 153 Part 2, # 40 Exhibit 154-156, # 41 Exhibit 157, # 42 Exhibit 158, # 43 Exhibit 159, # 44 Exhibit 160, # 45 Exhibit 161, # 46 Exhibit 162, # 47 Exhibit 163, # 48 Exhibit 164-173, # 49 Declaration James S. Thomas and Exs. 1-9, # 50 Declaration James Pauley, # 51 Exhibit A-V, # 52 Exhibit W-OO, # 53 Declaration Stephanie Reiniche and Exs. 1-2, # 54 Declaration Christopher Butler, # 55 Text of Proposed Order Proposed Order and Injunction)(Fee, J.). Added MOTION for Permanent Injunction on 10/8/2019 (ztd).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN SOCIETY FOR TESTING
AND MATERIALS d/b/a ASTM
INTERNATIONAL;
NATIONAL FIRE PROTECTION
ASSOCIATION, INC.; and
AMERICAN SOCIETY OF HEATING,
REFRIGERATING, AND AIR
CONDITIONING ENGINEERS,

Case No. 1:13-cv-01215-TSC

Plaintiffs/
Counter-Defendants,
v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant/
Counter-Plaintiff.
PLAINTIFFS’ SECOND MOTION FOR SUMMARY JUDGMENT
AND FOR A PERMANENT INJUNCTION
Plaintiffs/Counter-Defendants American Society for Testing and Materials d/b/a ASTM
International (“ASTM”), National Fire Protection Association, Inc. (“NFPA”), and American
Society of Heating, Refrigerating, and Air Conditioning Engineers (“ASHRAE”) (collectively,
“Plaintiffs”) respectfully move for summary judgment that Defendant Public.Resource.Org,
Inc.’s copying of Plaintiffs’ standards and displaying and distribution of its copies of Plaintiffs’
standards constitutes copyright and trademark infringement. Plaintiffs seek summary judgment
with respect to their claims concerning the copyrighted works listed in Appendix A to this
motion.
As detailed in the attached Memorandum of Law, there are no disputed issues of fact that
prevent the Court from entering summary judgment. Plaintiffs own valid copyrights in the

works at issue and it is undisputed that Defendant copied the works and displayed and distributed
its copies on the internet where the public can print, download and copy them without restriction.
Defendant also used Plaintiffs’ trademarks on versions of the works that Defendant altered and
into which Defendant introduced errors. The defenses Defendant asserts, including fair use, are
not supported by the undisputed facts or by the relevant case law. Thus, the Court should enter
summary judgment in favor of Plaintiffs.
Additionally, Plaintiffs move for entry of a permanent injunction to address the
irreparable harm Plaintiffs have suffered based on Defendant’s infringement and will continue to
suffer absent an injunction.
In support of their Motion, Plaintiffs submit the attached Memorandum of Law along
with a Statement of Undisputed Material Facts and the supporting documentation. Plaintiffs also
attach a Proposed Order and Permanent Injunction.

Dated: October 7, 2019

Respectfully submitted,
/s/ J. Kevin Fee
J. Kevin Fee (D.C. Bar: 494016)
Jane W. Wise (D.C. Bar: 1027769)
Morgan, Lewis & Bockius LLP
1111 Pennsylvania Ave., N.W.
Washington, D.C. 20004
Tel: [phone]
Email: [e-mail]
[e-mail]
Counsel for American Society for Testing and Materials
d/b/a ASTM International

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/s/ Kelly M. Klaus
Kelly M. Klaus (pro hac vice)
MUNGER, TOLLES & OLSON LLP
560 Mission St., 27th Floor
San Francisco, CA 94105
Tel: [phone]
Email: [e-mail]
Rose L. Ehler (pro hac vice)
MUNGER, TOLLES & OLSON LLP
350 South Grand Ave., 50th Floor
Los Angeles, CA 90071
Tel: [phone]
Email: [e-mail]
Rachel G. Miller-Ziegler
MUNGER, TOLLES & OLSON LLP
1155 F St. NW, 7th Floor
Washington, DC 20004
Tel: [phone]
Email: [e-mail]
Counsel for National Fire Protection Association, Inc.
/s/ J. Blake Cunningham
Jeffrey S. Bucholtz (D.C. Bar: 452385)
David Mattern
King & Spalding LLP
1700 Pennsylvania Avenue, NW, Ste. 200
Washington, DC 20006-4707
Tel: [phone]
Email: [e-mail]
J. Blake Cunningham
King & Spalding LLP
101 Second Street, Ste. 2300
San Francisco, CA 94105
Tel: [phone]
Email: [e-mail]
Counsel for American Society of Heating,
Refrigerating, and Air Conditioning Engineers

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