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.
DECLARATION OF JANE W. WISE
I, Jane W. Wise, hereby declare as follows:
1.

I am over the age of 18. I am an associate with the law firm of Morgan, Lewis &

Bockius LLP, which represents Plaintiff American Society for Testing and Materials d/b/a ASTM
International (“ASTM”) in the above captioned matter. I have personal knowledge of the facts set
forth herein and, if called upon to do so, I could and would testify competently thereto.
2.

Attached as Exhibit 1 is a true and correct copy of excerpts from Part 24 of the

1967 Annual Book of ASTM Standards showing ASTM D1335-67. The copyright registration
for Part 24 of the 1967 Book of ASTM Standards that identifies ASTM as the owner is attached
as Exhibit 74.
3.

Attached as Exhibit 2 is a true and correct copy of excerpts from the Index of the

1970 Annual Book of ASTM Standards.
1

4.

Attached as Exhibit 3 is a true and correct copy of excerpts from the Index of the

1971 Annual Book of ASTM Standards.
5.

Attached as Exhibit 4 is a true and correct copy of excerpts from the Index of the

1972 Annual Book of ASTM Standards.
6.

Attached as Exhibit 5 is a true and correct copy of excerpts from the Index of the

1976 Annual Book of ASTM Standards.
7.

Attached as Exhibit 6 is a true and correct copy of excerpts from the Index of the

1978 Annual Book of ASTM Standards.
8.

Attached as Exhibit 7 is a true and correct copy of excerpts from the Index of the

1979 Annual Book of ASTM Standards.
9.

Attached as Exhibit 8 are true and correct copies of excerpts from the Index of

the 1980 Annual Book of ASTM Standards.
10.

Attached as Exhibit 9 is a true and correct copy of excerpts from the Index of the

1981 Annual Book of ASTM Standards.
11.

Attached as Exhibit 10 is a true and correct copy of excerpts from the Index of

the 1982 Annual Book of ASTM Standards.
12.

Attached as Exhibit 11 is a true and correct copy of excerpts from the Index of

the 1983 Annual Book of ASTM Standards.
13.

Attached as Exhibit 12 is a true and correct copy of excerpts from the Index of

the 1984 Annual Book of ASTM Standards.
14.

Attached as Exhibit 13 is a true and correct copy of excerpts from the Index of

the 1985 Annual Book of ASTM Standards.

2

15.

Attached as Exhibit 14 is a true and correct copy of excerpts from the Index of

the 1986 Annual Book of ASTM Standards.
16.

Attached as Exhibit 15 is a true and correct copy of excerpts from the Index of

the 1987 Annual Book of ASTM Standards.
17.

Attached as Exhibit 16 is a true and correct copy of excerpts from the Index of

the 1988 Annual Book of ASTM Standards.
18.

Attached as Exhibit 17 is a true and correct copy of excerpts from the Index of

the 1989 Annual Book of ASTM Standards.
19.

Attached as Exhibit 18 is a true and correct copy of excerpts from the Index of

the 1990 Annual Book of ASTM Standards.
20.

Attached as Exhibit 19 are true and correct copies of excerpts from the Index of

the 1991 Annual Book of ASTM Standards.
21.

Attached as Exhibit 20 are true and correct copies of excerpts from the Index of

the 1992 Annual Book of ASTM Standards.
22.

Attached as Exhibit 21 are true and correct copies of excerpts from the Index of

the 1993 Annual Book of ASTM Standards.
23.

Attached as Exhibit 22 are true and correct copies of excerpts from the Index of

the 1994 Annual Book of ASTM Standards.
24.

Attached as Exhibit 23 are true and correct copies of excerpts from the Index of

the 1995 Annual Book of ASTM Standards.
25.

Attached as Exhibit 24 are true and correct copies of excerpts from the Index of

the 1996 Annual Book of ASTM Standards.

3

26.

Attached as Exhibit 25 are true and correct copies of excerpts from the Index of

the 1997 Annual Book of ASTM Standards.
27.

Attached as Exhibit 26 are true and correct copies of excerpts from the Index of

the 1998 Annual Book of ASTM Standards.
28.

Attached as Exhibit 27 are true and correct copies of excerpts from the Index of

the 1999 Annual Book of ASTM Standards.
29.

Attached as Exhibit 28 are true and correct copies of excerpts from the Index of

the 2000 Annual Book of ASTM Standards.
30.

Attached as Exhibit 29 are true and correct copies of excerpts from the Index of

the 2001 Annual Book of ASTM Standards.
31.

Attached as Exhibit 30 is a true and correct copy of the registration certificate

numbered TX 0-013-350 obtained from the Copyright Office for Part 4 of the 1978 Annual Book
of ASTM Standards that identifies ASTM as the owner of the copyright.
32.

Attached as Exhibit 31 is a true and correct copy of the registration certificate

numbered TX 4-873-764 obtained from the Copyright Office for Volume 1.04 of the 1999
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
33.

Attached as Exhibit 32 is a true and correct copy of the registration certificate

numbered TX 0-464-573 obtained from the Copyright Office for Part 4 of the 1980 Annual Book
of ASTM Standards that identifies ASTM as the owner of the copyright.
34.

Attached as Exhibit 33 is a true and correct copy of the registration certificate

numbered TX 7-685-938 obtained from the Copyright Office for A106/A106M that identifies
ASTM as the owner of the copyright.

4

35.

Attached as Exhibit 34 is a true and correct copy of the registration certificate

numbered TX 4-654-921 obtained from the Copyright Office for Volume 1.04 of the 1998
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
36.

Attached as Exhibit 35 is a true and correct copy of the registration certificate

numbered TX 0-243-321 obtained from the Copyright Office for Part 4 of the 1979 Annual Book
of ASTM Standards that identifies ASTM as the owner of the copyright.
37.

Attached as Exhibit 36 is a true and correct copy of the registration certificate

numbered TX 0-226-040 obtained from the Copyright Office for Part 1 of the 1979 Annual Book
of ASTM Standards that identifies ASTM as the owner of the copyright.
38.

Attached as Exhibit 37 is a true and correct copy of the registration certificate

numbered TX 4-083-251 obtained from the Copyright Office for Volume 1.01 of the 1995
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
39.

Attached as Exhibit 38 is a true and correct copy of the registration certificate

numbered TX 4-029-508 obtained at my direction from the Copyright Office for Volume 1.03 of
the 1995 Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
40.

Attached as Exhibit 39 is a true and correct copy of the registration certificate

numbered TX 0-013-355 obtained from the Copyright Office for Part 1 of the 1978 Annual Book
of ASTM Standards that identifies ASTM as the owner of the copyright.
41.

Attached as Exhibit 40 is a true and correct copy of the registration certificate

numbered TX 0-278-720 obtained from the Copyright Office for Part 3 of the 1979 Annual Book
of ASTM Standards that identifies ASTM as the owner of the copyright.
42.

Attached as Exhibit 41 is a true and correct copy of the registration certificate

numbered A 0-721-891 obtained from the Copyright Office for Part 4 of the 1976 Annual Book

5

of ASTM Standards that identifies ASTM as the owner of the copyright. These photos fairly and
accurately depict the appearance of the registration certificate for A 0-721-891.
43.

Attached as Exhibit 42 is a true and correct copy of the registration certificate

numbered TX 4-179-992 obtained from the Copyright Office for Volume 1.01 of the 1996
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
44.

Attached as Exhibit 43 is a true and correct copy of the registration certificate

numbered TX 3-043-643 obtained from the Copyright Office for Volume 1.01 of the 1991
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
45.

Attached as Exhibit 44 is a true and correct copy of the registration certificate

numbered A 0-316-410 obtained from the Copyright Office for Part 4 of the 1972 Annual Book
of ASTM Standards that identifies ASTM as the owner of the copyright. These photos fairly and
accurately depict the appearance of the registration certificate for A 0-316-410.
46.

Attached as Exhibit 45 is a true and correct copy of the registration certificate

numbered TX 3-614-178 obtained from the Copyright Office for Volume 2.01 of the 1993
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
47.

Attached as Exhibit 46 is a true and correct copy of the registration certificate

numbered TX 1-374-252 obtained from the Copyright Office for Volume 2.01 of the 1984
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
48.

Attached as Exhibit 47 is a true and correct copy of the registration certificate

numbered TX 4-497-885 obtained from the Copyright Office for Volume 2.01 of the 1997
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.

6

49.

Attached as Exhibit 48 is a true and correct copy of the registration certificate

numbered TX 4-243-005 obtained from the Copyright Office for Volume 2.01 of the 1996
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
50.

Attached as Exhibit 49 is a true and correct copy of the registration certificate

numbered TX 4-737-834 obtained from the Copyright Office for Volume 2.01 of the 1998
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
51.

Attached as Exhibit 50 is a true and correct copy of the registration certificate

numbered TX 1-453-716 obtained from the Copyright Office for Volume 2.02 of the 1984
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
52.

Attached as Exhibit 51 is a true and correct copy of the registration certificate

numbered TX 3-883-920 obtained from the Copyright Office for Volume 2.01 of the 1994
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
53.

Attached as Exhibit 52 is a true and correct copy of the registration certificate

numbered TX 4-768-932 obtained from the Copyright Office for Volume 2.02 of the 1998
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
54.

Attached as Exhibit 53 is a true and correct copy of the registration certificate

numbered TX 0-648-336 obtained from the Copyright Office for Part 8 of the 1980 Annual Book
of ASTM Standards that identifies ASTM as the owner of the copyright.
55.

Attached as Exhibit 54 is a true and correct copy of the registration certificate

numbered TX 0-534-160 obtained from the Copyright Office for Part 9 of the 1980 Annual Book
of ASTM Standards that identifies ASTM as the owner of the copyright.

7

56.

Attached as Exhibit 55 is a true and correct copy of the registration certificate

numbered TX 1-846-702 obtained from the Copyright Office for Volume 2.01 of the 1986
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
57.

Attached as Exhibit 56 is a true and correct copy of the registration certificate

numbered TX 0-627-128 obtained from the Copyright Office for Part 13 of the 1980 Annual
Book of ASTM Standards that identifies ASTM as the owner of the copyright.
58.

Attached as Exhibit 57 are true and correct copy the registration certificate

numbered TX 7-685-927 for ASTM C150 that identifies ASTM as the owner.
59.

Attached as Exhibit 58 is a true and correct copy of the registration certificate

numbered TX 4-584-449 obtained from the Copyright Office for Volume 4.06 of the 1997
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
60.

Attached as Exhibit 59 is a true and correct copy of the registration certificate

numbered TX 2-984-931 obtained from the Copyright Office for Volume 4.06 of the 1990
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
61.

Attached as Exhibit 60 is a true and correct copy of the registration certificate

numbered TX 5-008-019 obtained from the Copyright Office for Volume 4.02 of the 1999
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
62.

Attached as Exhibit 61 is a true and correct copy of the registration certificate

numbered TX 1-696-496 obtained from the Copyright Office for Volume 9.02 of the 1985
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
63.

Attached as Exhibit 62 is a true and correct copy of the registration certificate

numbered TX 0-829-453 obtained from the Copyright Office for Part 18 of the 1981 Annual
Book of ASTM Standards that identifies ASTM as the owner of the copyright.

8

64.

Attached as Exhibit 63 is a true and correct copy of the registration certificate

numbered TX 3-278-409 obtained from the Copyright Office for Volume 4.06 of the 1991
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
65.

Attached as Exhibit 64 is a true and correct copy of the registration certificate

numbered TX 1-041-470 obtained from the Copyright Office for Part 18 of the 1982 Annual
Book of ASTM Standards that identifies ASTM as the owner of the copyright.
66.

Attached as Exhibit 65 is a true and correct copy of the registration certificate

numbered A 0-176-757 obtained from the Copyright Office for Part 28 of the 1970 Annual Book
of ASTM Standards that identifies ASTM as the owner of the copyright. These photos fairly and
accurately depict the appearance of the registration certificate for A 0-176-757.
67.

Attached as Exhibit 66 is a true and correct copy of the registration certificate

numbered TX 4-223-325 obtained from the Copyright Office for Volume 5.01 of the 1996
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
68.

Attached as Exhibit 67 is a true and correct copy of the registration certificate

numbered TX 2-866-002 obtained from the Copyright Office for Volume 11.01 of the 1990
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
69.

Attached as Exhibit 68 is a true and correct copy of the registration certificate

numbered TX 1-152-729 obtained from the Copyright Office for Volume 6.03 of the 1983
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
70.

Attached as Exhibit 69 is a true and correct copy of the registration certificate

numbered TX 4-145-800 obtained from the Copyright Office for Volume 9.01 of the 1995
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.

9

71.

Attached as Exhibit 70 is a true and correct copy of the registration certificate

numbered TX 3-840-415 obtained from the Copyright Office for Volume 5.01 of the 1994
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
72.

Attached as Exhibit 71 is a true and correct copy of the registration certificate

numbered TX 4-497-877 obtained from the Copyright Office for Volume 11.01 of the 1997
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
73.

Attached as Exhibit 72 is a true and correct copy of the registration certificate

numbered TX 2-081-531 obtained from the Copyright Office for Volume 11.01 of the 1987
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
74.

Attached as Exhibit 73 is a true and correct copy of the registration certificate

numbered TX 5-071-596 obtained from the Copyright Office for Volume 5.01 of the 2000
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
75.

Attached as Exhibit 74 is a true and correct copy of the registration certificate

numbered A 0-942-436 for Part 24 of the 1967 Book of ASTM Standards that identifies ASTM
as the owner of the copyright. These photos fairly and accurately depict the appearance of the
registration certificate for A 0-942-436.
76.

Attached as Exhibit 75 is a true and correct copy of the registration certificate

numbered TX 3-936-510 obtained from the Copyright Office for Volume 5.05 of the 1994
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
77.

Attached as Exhibit 76 is a true and correct copy of the registration certificate

numbered TX 1-725-733 obtained from the Copyright Office for Volume 7.01 of the 1985
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.

10

78.

Attached as Exhibit 77 is a true and correct copy of the registration certificate

numbered TX 2-814-346 obtained from the Copyright Office for Volume 6.01 of the 1990
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
79.

Attached as Exhibit 78 is a true and correct copy of the registration certificate

numbered TX 4-257-533 obtained from the Copyright Office for Volume 11.01 of the 1996
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
80.

Attached as Exhibit 79 is a true and correct copy of the registration certificate

numbered TX 2-058-606 obtained from the Copyright Office for Volume 8.04 of the 1987
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
81.

Attached as Exhibit 80 is a true and correct copy of the registration certificate

numbered TX 4-497-876 obtained from the Copyright Office for Volume 11.02 of the 1997
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
82.

Attached as Exhibit 81 is a true and correct copy of the registration certificate

numbered TX 4-557-835 obtained from the Copyright Office for Volume 5.05 of the 1997
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
83.

Attached as Exhibit 82 is a true and correct copy of the registration certificate

numbered TX 2-992-651 obtained from the Copyright Office for Volume 5.05 of the 1990
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
84.

Attached as Exhibit 83 is a true and correct copy of the registration certificate

numbered TX 2-201-054 obtained from the Copyright Office for Volume 5.05 of the 1987
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.

11

85.

Attached as Exhibit 84 is a true and correct copy of the registration certificate

numbered TX 4-929-091 obtained from the Copyright Office for Volume 11.02 of the 1999
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
86.

Attached as Exhibit 85 is a true and correct copy of the registration certificate

numbered TX 3-450-603 obtained from the Copyright Office for Volume 5.02 of the 1992
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
87.

Attached as Exhibit 86 is a true and correct copy of the registration certificate

numbered TX 4-893-151 obtained from the Copyright Office for Volume 4.08 of the 1999
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
88.

Attached as Exhibit 87 is a true and correct copy of the registration certificate

numbered TX 4-951-524 obtained from the Copyright Office for Volume 5.05 of the 1999
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
89.

Attached as Exhibit 88 is a true and correct copy of the registration certificate

numbered TX 4-693-073 obtained from the Copyright Office for Volume 11.02 of the 1998
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
90.

Attached as Exhibit 89 is a true and correct copy of the registration certificate

numbered TX 3-512-412 obtained from the Copyright Office for Volume 5.01 of the 1993
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
91.

Attached as Exhibit 90 is a true and correct copy of the registration certificate

numbered TX 4-029-468 obtained from the Copyright Office for Volume 5.02 of the 1995
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.

12

92.

Attached as Exhibit 91 is a true and correct copy of the registration certificate

numbered TX 4-898-490 obtained from the Copyright Office for Volume 5.02 of the 1999
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
93.

Attached as Exhibit 92 is a true and correct copy of the registration certificate

numbered TX 2-209-876 obtained from the Copyright Office for Volume 7.01 of the 1987
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
94.

Attached as Exhibit 93 is a true and correct copy of the registration certificate

numbered TX 4-920-028 obtained from the Copyright Office for Volume 11.01 of the 1999
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
95.

Attached as Exhibit 94 is a true and correct copy of the registration certificate

numbered TX 4-622-434 obtained from the Copyright Office for Volume 5.02 of the 1998
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
96.

Attached as Exhibit 95 is a true and correct copy of the registration certificate

numbered TX 4-399-608 obtained from the Copyright Office for Volume 11.03 of the 1996
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
97.

Attached as Exhibit 96 is a true and correct copy of the registration certificate

numbered TX 4-511-604 obtained from the Copyright Office for Volume 5.02 of the 1997
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
98.

Attached as Exhibit 97 is a true and correct copy of the registration certificate

numbered TX 3-553-811 obtained from the Copyright Office for Volume 11.02 of the 1993
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.

13

99.

Attached as Exhibit 98 is a true and correct copy of the registration certificate

numbered TX 4-768-933 obtained from the Copyright Office for Volume 5.05 of the 1998
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
100.

Attached as Exhibit 99 is a true and correct copy of the registration certificate

numbered TX 3-970-770 obtained from the Copyright Office for Volume 7.02 of the 1995
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
101.

Attached as Exhibit 100 is a true and correct copy of the registration certificate

numbered TX 4-951-512 obtained from the Copyright Office for Volume 8.03 of the 1999
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
102.

Attached as Exhibit 101 is a true and correct copy of the registration certificate

numbered TX 4-248-138 obtained from the Copyright Office for Volume 5.03 of the 1996
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
103.

Attached as Exhibit 102 is a true and correct copy of the registration certificate

numbered TX 2-697-913 obtained from the Copyright Office for Volume 5.05 of the 1989
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
104.

Attached as Exhibit 103 is a true and correct copy of the registration certificate

numbered TX 3-614-549 obtained from the Copyright Office for Volume 5.05 of the 1993
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
105.

Attached as Exhibit 104 is a true and correct copy of the registration certificate

numbered TX 4-394-571 obtained from the Copyright Office for Volume 7.02 of the 1996
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.

14

106.

Attached as Exhibit 105 is a true and correct copy of the registration certificate

numbered TX 4-787-691 obtained from the Copyright Office for Volume 11.03 of the 1998
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
107.

Attached as Exhibit 106 is a true and correct copy of the registration certificate

numbered TX 5-202-199 obtained from the Copyright Office for Volume 11.03 of the 2000
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
108.

Attached as Exhibit 107 is a true and correct copy of the registration certificate

numbered TX 5-369-432 obtained from the Copyright Office for Volume 11.02 of the 2001
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
109.

Attached as Exhibit 108 is a true and correct copy of the registration certificate

numbered TX 4-143-803 obtained from the Copyright Office for Volume 14.02 of the 1995
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
110.

Attached as Exhibit 109 is a true and correct copy of the registration certificate

numbered TX 0-988-070 obtained from the Copyright Office for Part 10 of the 1982 Annual
Book of ASTM Standards that identifies ASTM as the owner of the copyright.
111.

Attached as Exhibit 110 is a true and correct copy of the registration certificate

numbered TX-3-135-932 obtained from the Copyright Office for Volume 2.03 of the 1991
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
112.

Attached as Exhibit 111 is a true and correct copy of the registration certificate

numbered TX 4-811-646 obtained from the Copyright Office for Volume 4.06 of the 1998
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.

15

113.

Attached as Exhibit 112 is a true and correct copy of the registration certificate

numbered TX 2-153-942 obtained from the Copyright Office for Volume 14.01 of the 1987
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
114.

Attached as Exhibit 113 is a true and correct copy of the registration certificate

numbered TX 1-210-036 obtained from the Copyright Office for Volume 12.02 of the 1983
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
115.

Attached as Exhibit 114 is a true and correct copy of the registration certificate

numbered TX 4-512-210 obtained from the Copyright Office for Volume 14.02 of the 1997
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
116.

Attached as Exhibit 115 is a true and correct copy of the registration certificate

numbered TX 3-972-349 obtained from the Copyright Office for Volume 4.07 of the 1995
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
117.

Attached as Exhibit 116 is a true and correct copy of the registration certificate

numbered A 0-257-751 obtained from the Copyright Office for Part 30 of the 1971 Annual Book
of ASTM Standards that identifies ASTM as the owner of the copyright. These photos fairly and
accurately depict the appearance of the registration certificate for A 0-257-751.
118.

Attached as Exhibit 117 is a true and correct copy of the registration certificate

numbered TX 0-565-132 obtained from the Copyright Office for Part 10 of the 1980 Annual
Book of ASTM Standards that identifies ASTM as the owner of the copyright.
119.

Attached as Exhibit 118 is a true and correct copy of the registration certificate

numbered TX 1-846-704 obtained from the Copyright Office for Volume 14.02 of the 1986
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.

16

120.

Attached as Exhibit 119 is a true and correct copy of the registration certificate

numbered TX 3-689-742 obtained from the Copyright Office for Volume 11.04 of the 1993
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
121.

Attached as Exhibit 120 is a true and correct copy of the registration certificate

numbered TX 4-571-119 obtained from the Copyright Office for Volume 4.07 of the 1997
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
122.

Attached as Exhibit 121 is a true and correct copy of the registration certificate

numbered TX 2-407-753 obtained from the Copyright Office for Volume 11.04 of the 1988
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
123.

Attached as Exhibit 122 is a true and correct copy of the registration certificate

numbered TX 3-128-183 obtained from the Copyright Office for Volume 4.03 of the 1991
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
124.

Attached as Exhibit 123 is a true and correct copy of the registration certificate

numbered TX 0-339-441 obtained from the Copyright Office for Part 46 of the 1979 Annual
Book of ASTM Standards that identifies ASTM as the owner of the copyright.
125.

Attached as Exhibit 124 is a true and correct copy of the registration certificate

numbered TX 3-450-276 obtained from the Copyright Office for Volume 10.03 of the 1992
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
126.

Attached as Exhibit 125 is a true and correct copy of the registration certificate

numbered TX 0-565-140 obtained from the Copyright Office for Part 46 of the 1980 Annual
Book of ASTM Standards that identifies ASTM as the owner of the copyright.

17

127.

Attached as Exhibit 126 is a true and correct copy of the registration certificate

numbered TX 3-883-919 obtained from the Copyright Office for Volume 11.04 of the 1994
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
128.

Attached as Exhibit 127 is a true and correct copy of the registration certificate

numbered TX 1-094-853 obtained from the Copyright Office for Volume 1.02 of the 1983
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
129.

Attached as Exhibit 128 is a true and correct copy of the registration certificate

numbered TX 0-814-687 obtained from the Copyright Office for Part 46 of the 1981 Annual
Book of ASTM Standards that identifies ASTM as the owner of the copyright.
130.

Attached as Exhibit 129 is a true and correct copy of the registration certificate

numbered TX 4-126-631 obtained from the Copyright Office for Volume 11.04 of the 1995
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
131.

Attached as Exhibit 130 is a true and correct copy of the registration certificate

numbered TX 0-988-069 obtained from the Copyright Office for Part 46 of the 1982 Annual
Book of ASTM Standards that identifies ASTM as the owner of the copyright.
132.

Attached as Exhibit 131 is a true and correct copy of the registration certificate

numbered TX 1-187-014 obtained from the Copyright Office for Volume 11.04 of the 1983
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
133.

Attached as Exhibit 132 is a true and correct copy of the registration certificate

numbered TX 2-046-852 obtained from the Copyright Office for Volume 1.02 of the 1987
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.

18

134.

Attached as Exhibit 133 is a true and correct copy of the registration certificate

numbered TX 3-524-687 obtained from the Copyright Office for Volume 1.07 of the 1993
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
135.

Attached as Exhibit 134 is a true and correct copy of the registration certificate

numbered TX 2-606-739 obtained from the Copyright Office for Volume 1.02 of the 1989
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
136.

Attached as Exhibit 135 is a true and correct copy of the registration certificate

numbered TX 4-862-629 obtained from the Copyright Office for Volume 1.07 of the 1999
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
137.

Attached as Exhibit 136 is a true and correct copy of the registration certificate

numbered TX 4-216-101 obtained from the Copyright Office for Volume 1.07 of the 1996
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
138.

Attached as Exhibit 137 is a true and correct copy of the registration certificate

numbered TX 7-763-690 for ASTM F1193 obtained from the Copyright Office that identifies
ASTM as the owner of the copyright.
139.

Attached as Exhibit 138 is a true and correct copy of the registration certificate

numbered TX 2-864-187 obtained from the Copyright Office for Volume 1.07 of the 1990
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
140.

Attached as Exhibit 139 is a true and correct copy of the registration certificate

numbered TX 3-035-186 obtained from the Copyright Office for Volume 1.07 of the 1991
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.

19

141.

Attached as Exhibit 140 is a true and correct copy of the registration certificate

numbered TX 3-278-410 obtained from the Copyright Office for Volume 1.07 of the 1992
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
142.

Attached as Exhibit 141 is a true and correct copy of the registration certificate

numbered TX 3-614-184 obtained from the Copyright Office for Volume 14.02 of the 1993
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
143.

Attached as Exhibit 142 is a true and correct copy of the registration certificate

numbered TX 4-654-755 obtained from the Copyright Office for Volume 1.07 of the 1998
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
144.

Attached as Exhibit 143 is a true and correct copy of the registration certificate

numbered TX 4-029-465 obtained from the Copyright Office for Volume 1.07 of the 1995
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
145.

Attached as Exhibit 144 is a true and correct copy of the registration certificate

numbered TX 5-058-024 obtained from the Copyright Office for Volume 15.07 of the 1999
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
146.

Attached as Exhibit 145 is a true and correct copy of the registration certificate

numbered TX 3-114-937 obtained from the Copyright Office for Volume 8.03 of the 1991
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
147.

Attached as Exhibit 146 is a true and correct copy of the registration certificate

numbered TX 4-755-309 obtained from the Copyright Office for Volume 14.02 of the 1998
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.

20

148.

Attached as Exhibit 147 is a true and correct copy of the registration certificate

numbered TX 5-410-705 obtained from the Copyright Office for Volume 14.04 of the 2001
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
149.

Attached as Exhibit 148 is a true and correct copy of the registration certificate

numbered TX 2-567-321 obtained from the Copyright Office for Volume 5.02 of the 1989
Annual Book of ASTM Standards that identifies ASTM as the owner of the copyright.
150.

Attached as Exhibit 149 is a compilation of true and correct copies of the 191

ASTM standards shown in Annex A to Plaintiffs’ Motion for Summary Judgment.
151.

Attached as Exhibit 150 is a compilation of true and correct copies of the PRO

infringing standards, which are the subject of this motion, as produced by PRO in this matter,
including:
PRO_00082456,
PRO_00082342,
PRO_00086108,
PRO_00089056,
PRO_00090524,
PRO_00091708,
PRO_00091991,
PRO_00093196,
PRO_00092264,
PRO_00092980,
PRO_00093661,
PRO_00094070,
PRO_00094717,
PRO_00105881,
PRO_00094626,
PRO_00094914,
PRO_00097934,
PRO_00101136,
PRO_00101825,
PRO_00102907,
PRO_00103325,
PRO_00103788,
PRO_00104044,
PRO_00104464,

PRO_00083027,
PRO_00082371,
PRO_00086524,
PRO_00089070,
PRO_00090715,
PRO_00091718,
PRO_00092428,
PRO_00093234,
PRO_00092306,
PRO_00093036,
PRO_00093765,
PRO_00094023,
PRO_00104153,
PRO_00106371,
PRO_00094675,
PRO_00094936,
PRO_00100185,
PRO_00101163,
PRO_00101844,
PRO_00103138,
PRO_00103385,
PRO_00103821,
PRO_00104096,
PRO_00104481,

PRO_00092094,
PRO_00082401,
PRO_00087387,
PRO_00089092,
PRO_00091622,
PRO_00091848,
PRO_00092802,
PRO_00093301,
PRO_00092702,
PRO_00093063,
PRO_00093904,
PRO_00094157,
PRO_00104757,
PRO_00106312,
PRO_00094756,
PRO_00095007,
PRO_00101043,
PRO_00101220,
PRO_00101895,
PRO_00103173,
PRO_00103410,
PRO_00103869,
PRO_00104357,
PRO_00104686,
21

PRO_00079099,
PRO_00082439,
PRO_00087615,
PRO_00089127,
PRO_00091642,
PRO_00091891,
PRO_00093012,
PRO_00093351,
PRO_00092827,
PRO_00093139,
PRO_00093937,
PRO_00094182,
PRO_00105023,
PRO_00094595,
PRO_00094822,
PRO_00095921,
PRO_00101068,
PRO_00101269,
PRO_00102865,
PRO_00103201,
PRO_00103442,
PRO_00103893,
PRO_00104411,
PRO_00104707,

PRO_00080317,
PRO_00085147,
PRO_00088099,
PRO_00090507,
PRO_00091681,
PRO_00091919,
PRO_00093103,
PRO_00092176,
PRO_00092925,
PRO_00093990,
PRO_00094004,
PRO_00106152,
PRO_00105309,
PRO_00094611,
PRO_00094836,
PRO_00096949,
PRO_00101090,
PRO_00101349,
PRO_00102894,
PRO_00103260,
PRO_00103727,
PRO_00103921,
PRO_00104441,
PRO_00104729,

PRO_00104786, PRO_00104803,
PRO_00105075, PRO_00105128,
PRO_00106690, PRO_00106769,
PRO_00106663, PRO_00106679,
PRO_00106810, PRO_00106820,
PRO_00106889, PRO_00106896,
PRO_00107383, PRO_00107415,
PRO_00107458, PRO_00107463,
PRO_00107009, PRO_00107015,
PRO_00107047, PRO_00107055,
PRO_00107106, PRO_00107111,
PRO_00241177, PRO_00107183,
PRO_00107283, PRO_00107291,
PRO_00107508, PRO_00091668.
152.

PRO_00104844,
PRO_00105157,
PRO_00106868,
PRO_00106732,
PRO_00165936,
PRO_00106908,
PRO_00107437,
PRO_00107471,
PRO_00107023,
PRO_00107069,
PRO_00107151,
PRO_00107216,
PRO_00107297,

PRO_00104938,
PRO_00105237,
PRO_00106994,
PRO_00106751,
PRO_00106851,
PRO_00106963,
PRO_00107445,
PRO_00107483,
PRO_00107030,
PRO_00107074,
PRO_00107162,
PRO_00107247,
PRO_00107520,

PRO_00104991,
PRO_00106413,
PRO_00106516,
PRO_00106805,
PRO_00106859,
PRO_00106508,
PRO_00107451,
PRO_00107005,
PRO_00107035,
PRO_00107080,
PRO_00107168,
PRO_00107256,
PRO_00107496,

Attached as Exhibit 151 is a true and correct copy of a collection of screenshots

taken on September 20, 2019 from the Internet Archive from the following websites:
https://archive.org/details/gov.law.astm.a36.1977/page/n3;
https://archive.org/details/gov.law.astm.a36.1997;
https://archive.org/details/gov.law.astm.a82.1979;
https://archive.org/details/gov.law.astm.a184.1979;
https://archive.org/details/gov.law.astm.a185.1979;
https://archive.org/details/gov.law.astm.a203.1997;
https://archive.org/details/gov.law.astm.a242.1979;
https://archive.org/details/gov.law.astm.a285.1978;
https://archive.org/details/gov.law.astm.a307.1978;
https://archive.org/details/gov.law.astm.a325.1979;
https://archive.org/details/gov.law.astm.a370.1977;
https://archive.org/details/gov.law.astm.a441.1979;
https://archive.orgkletails/gov.law.astm.a449.1978;
https://archive.org/details/gov.Law.astm.a475.1978;
https://archive.org/details/gov.law.astm.a490.1979;
https://archive.org/details/gov.law.astm.a496.1976;
https://archive.org/details/gov.law.astm.a497.1979;
https://archive.org/details/gov.law.astm.a500.1978;
https://archive.org/details/gov.law.astm.a501.1976;
https://archive.org/details/gov.law.astm.a502.1976;
https://archive.org/details/gov.law.astm.a514.1977;
https://archive.org/details/gov.law.astm.a516.1990/page/n1;
https://archive.org/details/gov.law.astm.a570.1979;
https://archive.org/details/gov.law.astm.a572.1979;
https://archive.org/details/gov.law.astm.a588.1979;
https://archive.org/details/gov.law.astm.a611.1972;
https://archive.org/details/gov.law.astm.a615.1979;
https://archive.org/details/gov.law.astm.a616.1979;
22

https://archive.org/details/gov.law.astm.a617.1979/page/n1;
https://archive.org/details/gov.law.astm.a633.1979;
https://archive.org/details/gov.law.astm.b21.1983;
https://archive.org/details/gov.law.astm.b85.1984;
https://archive.org/details/gov.law.astm.b209.1996/page/n1;
https://archive.org/details/gov.law.astm.b224.1980;
https://archive.org/details/gov.law.astm.b557.1984;
https://archive.org/details/gov.law.astm.b580.1979;
https://archive.org/details/gov.law.astm.b694.1986;
https://archive.org/details/gov.law.astm.c5.1979;
https://archive.org/details/gov.law.astm.c150.1999/page/n1;
https://archive.org/details/gov.law.astm.c177.1997;
https://archive.org/details/gov.law.astm.c236.1989;
https://archive.org/details/gov.law.astm.c330.1999;
https://archive.org/details/gov.law.astm.c509.1984;
https://archive.org/details/gov.law.astm.c516.1980/page/n1;
https://archive.org/details/gov.law.astm.c518.1991;
https://archive.org/details/gov.law.astm.c549.1981;
https://archive.org/details/gov.law.astm.c564.1970;
https://archive.org/details/gov.law.astm.d86.2007;
https://archive.org/details/gov.law.astm.d129.1995/page/n1;
https://archive.org/details/gov.law.astm.d396.1998;
https://archive.orgidetails/gov.law.astm.d512.1999;
https://archive.org/details/gov.law.astm.d611.1982;
https://archive.org/details/gov.law.astm.d665.1998;
https://archive.orgidetails/gov.law.astm.d814.1995;
https://archive.org/cletills/gov.law.astm.d975.1998/page/n2;
https://archive.org/cletills/gov.law.astm.d975.2007/page/n2;
https://archive.org/details/gov.law.astm.d1217.1993;
https://archive.org/details/gov.law.astm.d1246.1995;
https://archive.org/details/gov.law.astm.d1253.1986;
https://archive.org/details/gov.law.astm.d1266.19981page/n2;
https://archive.org/detills/gov.law.astm.d1298.1999;
https://archive.org/details/gov.law.astm.d1335.1967;
https://archive.org/details/gov.law.astm.d1412.1993;
https://archive.org/details/gov.law.astm.d1480.1993;
https://archive.org/details/gov.law.astm.d1481.1993;
https://archive.org/details/gov.law.astm.d1518.1985;
https://archive.org/details/gov.law.astm.d1535.1989;
https://archive.org/details/gov.law.astm.d1552.1995;
https://archive.org/details/gov.law.astm.d1688.1995/page/n2;
https://archive.org/details/gov.law.astm.d1785.1986/page/n2;
https://archive.org/details/gov.law.astm.d1835.1997;
https://archive.org/details/gov.law.astm.d1890.1996;
https://archive.org/details/gov.law.astm.d1943.1996;
https://archive.org/details/gov.law.astm.d1945.1996;
23

https://archive.org/details/gov.law.astm.d1946.1990;
https://archive.org/details/gov.law.astm.d2013.1986;
https://archive.org/details/gov.law.astm.d2015.1996;
https://archive.org/details/gov.law.astm.d2036.1998/page/n2;
https://archive.org/details/gov.law.astm.d2163.1991;
https://archive.org/details/gov.law.astm.d2216.1998;
https://archive.org/details/gov.law.astm.d2234.1998;
https://archive.org/details/gov.law.astm.d2460.1997;
https://archive.org/details/gov.law.astm.d2502.1992;
https://archive.org/details/gov.law.astm.d2503.1992;
https://archive.org/details/gov.law.astm.d2597.1994;
https://archive.org/details/gov.law.astm.d2622.1998;
https://archive.org/details/gov.law.astm.d2724.1987/page/n2;
https://archive.org/details/gov.law.astm.d2777.1998;
https://archive.org/details/gov.law.astm.d2879.1997;
https://archive.org/details/gov.law.astm.d2986.1995;
https://archive.org/details/gov.law.astm.d3120.1996;
https://archive.org/details/gov.law.astm.d3173.1987;
https://archive.org/details/gov.law.astm.d3178.1989;
https://archive.org/details/gov.law.astm.d3236.1988;
https://archive.orgideballs/gov.law.astm.d3246.1996;
https://archive.org/details/gov.law.asirn.d3286.1996;
https://archive.org/details/gov.law.astm.d3371.1995;
https://archive.org/details/gov.law.astm.d3454.1997/page/n2;
https://archive.org/details/gov.law.astm.d3588.1998;
https://archive.org/details/gov.law.astm.d3697.1992;
https://archive.org/details/gov.law.astm.d4177.1995;
https://archive.org/details/gov.law.astm.d4239.1997;
https://archive.org/details/gov.law.astm.d4268.1993/page/n2;
https://archive.org/details/gov.law.astm.d4294.1998;
https://archive.org/details/gov.law.astm.d4809.1995;
https://archive.org/details/gov.law.astm.d4891.1989;
https://archive.org/details/gov.law.astm.d5257.1997;
https://archive.org/details/gov.law.astm.d5373.1993;
https://archive.org/details/gov.law.astm.d5489.1996;
https://archive.org/details/gov.law.astm.d5673.1996;
https://archive.org/details/gov.law.astm.d5865.1998;
https://archive.org/details/gov.law.astm.d6216.1998/page/n2;
https://archive.org/details/gov.law.astm.d6228.1998;
https://archive.org/details/gov.law.astm.d6420.1999;
https://archive.org/details/gov.law.astm.d6503.1999/page/n2;
https://archive.org/details/gov.law.astm.e11.1995;
https://archive.org/details/gov.law.astm.e23.1982;
https://archive.org/details/gov.law.astm.e29.1990;
https://archive.orgidetails/gov.law.astm.e72.1980;
https://archive.orgkietailsigov.law.astm.e96.1995;
24

https://archive.org/details/gov.law.astm.e145.1994;
https://archive.org/details/gov.law.astm.e169.1987;
https://archive.org/details/gov.law.astm.e185.1982;
https://archive.org/details/gov.law.astm.e260.1996/page/n2;
https://archive.org/detills/gov.law.astm.e283.1991;
https://archive.org/details/gov.law.astm.e408.1971;
https://archive.org/details/gov.law.astm.e424.1971;
https://archive.org/details/gov.law.astm.e606.1980;
https://archive.org/detills/gov.law.astm.e681.1985;
https://archive.org/details/gov.law.astm.e695.1979;
https://archive.org/details/gov.law.astm.e711.1987;
https://archive.org/details/gov.law.astm.e773.1997;
https://archive.org/details/gov.law.astm.e774.1997;
https://archive.org/details/gov.law.astm.e776.1987;
https://archive.org/details/gov.law.astm.e885.1988;
https://archive.org/details/gov.law.astm.e1337.1990;
https://archive.orgidetails/gov.Law.astm.f478.1992;
https://archive.org/details/gov.law.astm.f631.1980;
https://archive.org/details/gov.law.astm.f631.1993;
https://archive.org/details/gov.law.astm.f682.1982;
https://archive.org/details/gov.law.astm.f715.1981;
https://archive.orgidetails/gov.law.astm.f715.1995;
https://archive.org/details/gov.law.astm.f722.1982/page/n2;
https://archive.org/details/gov.law.astm.f808.1983/page/n2;
https://archive.org/details/gov.law.astm.f1003.1986;
https://archive.org7details/gov.law.astm.f1006.1986;
https://archive.org/cletalls/gov.law.astm.f1007.1986;
https://archive.org/details/gov.law.astm.f1014.1992;
https://archive.org/details/gov.law.astm.f1020.1986;
https://archive.org/details/gov.law.astm.f1120.1987/page/n2;
https://archive.org/details/gov.law.astm.f1121.1987;
https://archive.org/details/gov.law.astm.f1122.1987/page/n2;
https://archive.org/details/gov.law.astm.f1123.1987;
https://archive.org/details/gov.law.astm.f1155.1998;
https://archive.org/Petalls/gov.law.astm.f1172.1988;
https://archive.org/details/gov.law.astm.f1173.1995/page/n2;
https://archive.orgidetails/gov.law.astm.f1193.2006;
https://archive.org/details/gov.law.astm.f1199.1988;
https://archive.org/details/gov.law.astm.f1201.1988;
https://archive.org/details/gov.law.astm.f1271.1990;
https://archive.org/details/gov.law.astm.f1273.1991;
https://archive.org/details/gov.law.astm.f1321.1992;
https://archive.org/details/gov.law.astm.f1323.1993/page/n2;
https://archive.org/details/gov.law.astm.f1471.1993;
https://archive.org/details/gov.law.astm.f1546.1996/page/n2;
https://archive.org/details/gov.law.astm.f1548.1994;
25

https://archive.org/details/gov.law.astm.g21.1990;
https://archive.org/details/gov.law.astm.g151.1997/page/n2; and
https://archive.org/details/gov.law.astm.g154.2000.
153.

Attached as Exhibit 152 is a true and correct compilation of true and correct PDF

copies of each work located at the links identified in paragraph 152 above, which were
downloaded at my direction.
154.

Attached as Exhibit 153 is a true and correct copy of a collection of screenshots

taken on October 4, 2019 from the SCRIBD from the following websites:
https://www.scribd.com/document/422711187/ASTM-a106;
https://www.scribd.com/document/145607450/astm-a370-1977;
https://www.scribd.com/document/272291878/astm-a416-1974;
https://www.scribd.com/document/278686918/ASTM-A500;
https://www.scribd.com/document/234203008/astm-a514-1977;
https://www.scribd.com/document/210869899/astm-a633-1979;
https://www.scribd.com/doc/201446820/astm-b21-1983;
https://www.scribd.com/document/321080180/astm-b283-1996-pdf;
https://www.scribd.com/document/178057925/Astm-d396-Fuel-Oil-Specx;
https://www.scribd.com/document/401765858/astm-d 1072-1990-1;
https://www.scribd.com/document/263895462/astm-d1945-1996-pdf;
https://www.scribd.com/document/401765953/astm-d2986-1995-2-pdf;
https://www.scribd.com/document/288410402/astm-d3236-1988;
https://www.scribd.com/document/401765954/astm-d4177-1995-2-pdf;
https://www.scribd.com/document/322545138/astm-d4268-1993;
https://www.scribd.com/document/244512162/astm-d5373-1993-pdf;
https://www.scribd.com/document/343818451/astm-d 5489-1996;
https://www.scribd.com/clocument/234571707/astm-d5673-1996;
https://www.scribd.com/document/401765963/astm-d6216-1998-1-pdf;
https://www.scribd.com/document/237036558/astm-e96-1995;
https://www.scribd.com/document/234585391/astm-e145-1994;
https://www.scribd.com/doc./201446851/astm-f478-1992;
https://www.scribd.com/document/201446855/astm-f682-1982; and
https://www.scribd.com/document/401765965/astm-f1007-1986-2-pdf.
155.

Attached hereto as Exhibit 154 is a true and correct copy of a screenshot of the

webpage located at https://support.scribd.com/hc/en-us/articles/210134106-PremiumMembership#Where-do-I-go-to-join, taken on September 25, 2019.

26

156.

Attached hereto as Exhibit 155 is a true and correct copy of a screenshot of the

webpage located at https://www.astm.org/BOOKSTORE/BOS/TOCS_2019/02.05.html, taken on
October 4, 2019.
157.

Attached hereto as Exhibit 156 is a true and correct copy of a screenshot of the

webpage located at https://www.astm.org/READINGLIBRARY/VIEW/PHMSA.html, taken on
October 6, 2019.
158.

Attached hereto as Exhibit 157 is a true and correct copy of a document Bates

labeled ASTM103291, which was produced by ASTM in this matter.
159.

Attached hereto as Exhibit 158 are true and correct copies of a document Bates

labeled ASTM103527, which was produced by ASTM in this matter.
160.

Attached hereto as Exhibit 159 are true and correct copies of a document Bates

labeled ASTM103529, which was produced by ASTM in this matter.
161.

Attached hereto as Exhibit 160 are true and correct copies of Bates a document

Bates labeled ASTM003523, which was produced by ASTM in this matter.
162.

Attached hereto as Exhibit 161 are true and correct copies of a document Bates

labeled ASTM003631, which was produced by ASTM in this matter.
163.

Attached hereto as Exhibit 162 is a true and correct copy of a document Bates

labeled PRO_00245530, which was produced by PRO in this matter.
164.

Attached hereto as Exhibit 163 is a true and correct copy of a document Bates

labeled PRO_00232651, which was produced by PRO in this matter.
165.

Attached as Exhibit 164 is a true and correct copy of Defendant’s responses to

Interrogatories Nos. 17 to 23 served by American Society for Testing and Materials, dated June
3, 2019. Defendant did not serve supplemental responses to these interrogatories.

27

166.

Attached as Exhibit 165 is a true and correct copy of a webpage that was

accessed from the following URL on October 2, 2019:
https://ia800700.us.archive.org/20/items/gov.law.astm.d86.2007/astm.d86.2007.html.
167.

Attached as Exhibit 166 are true and correct copies of excerpts from a webpage

that was accessed from the following URL on October 2, 2019:
https://archive.org/stream/gov.law.nfpa.nec.2011/nfpa.nec.2011_djvu.txt.
168.

Attached as Exhibit 167 are true and correct copies of screenshots taken on

October 4, 2019 of the following webpages on the Internet Archive:
https://archive.org/details/gov.law.nfpa.101.2000;
https://archive.org/details/gov.law.nfpa.nec.2005;
https://archive.org/details/gov.law.nfpa.30.2003;
https://archive.org/details/gov.law.nfpa.99.2005;
https://archive.org/details/gov.law.nfpa.nec.2011; and
https://archive.org/details/gov.law.nfpa.nec.2017.
169.

Attached as Exhibit 168 are true and correct copies of excerpts of webpages that

were accessed from the following URLs on October 3, 2019:
https://ia800105.us.archive.org/33/items/gov.law.nfpa.nec.2011/nfpa.nec.2011.pdf; and
https://ia802908.us.archive.org/26/items/gov.law.nfpa.nec.2014/nfpa.nec.2014.pdf.
170.

Attached as Exhibit 169 is a true and correct copy of screenshots from the

Internet Archive containing the “cover sheets” placed on Internet Archive’s posting of ASHRAE
Standard 90.1-2004 and ASHRAE Standard 90.1-2007, which were retrieved from the following
websites: https://archive.org/details/gov.law.ashrae.90.1.2004; and
https://archive.org/details/gov.law.ashrae.90.1.2007.
171.

Attached as Exhibit 170 is a true and correct copy of a collection of screenshots

from the Building Codes Assistance Project, which tracks the status of state commercial and
residential building codes, which were retrieved from the following websites:
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