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

Filing 213

RESPONSE re 202 MOTION for Summary Judgment filed by AMERICAN SOCIETY FOR TESTING AND MATERIALS, AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR-CONDITIONING ENGINEERS, INC., NATIONAL FIRE PROTECTION ASSOCIATION, INC.. (Attachments: # 1 Plaintiffs' Third Supplemental Statement of Material Facts, # 2 Declaration of Thomas O'Brien, # 3 Declaration of Jane W. Wise, # 4 Exhibit 174, # 5 Exhibit 175, # 6 Exhibit 176, # 7 Exhibit 177 (Part 1), # 8 Exhibit 177 (Part 2), # 9 Exhibit 177 (Part 3), # 10 Exhibit 178, # 11 Exhibit 179, # 12 Exhibit 180, # 13 Exhibit 181, # 14 Exhibit 182, # 15 Exhibit 183, # 16 Exhibit 184, # 17 Exhibit 185, # 18 Exhibit 186, # 19 Plaintiffs' Response to Defendant's Statement of Disputed Facts (Redacted), # 20 Plaintiffs' Statement of Disputed Facts and Objections, # 21 Plaintiffs' Response to Defendant's Evidentiary Objections, # 22 Plaintiffs' Opposition to Defendant's Request for Judicial Notice)(Fee, J.)

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 THOMAS B. O’BRIEN, JR.
Pursuant to 28 U.S.C. § 1746, I, Thomas B. O’Brien, Jr., declare under penalty of perjury
the following statements are true and correct:
1.

I am over the age of 18 years and am fully competent to testify to the matters

stated in this Declaration.
2.

This declaration is based on my personal knowledge. If called to do so, I would

and could testify to the matters stated herein.
3.

I am Vice President and General Counsel at ASTM International (“ASTM”). I

have worked at ASTM since 2003.
4.

My responsibilities include developing legal policies and procedures and

addressing all legal matters for ASTM, including ASTM’s intellectual property matters.

5.

As part of my role as General Counsel, I would expect to be made aware of any

challenge to ASTM’s copyright ownership in the standards it develops and publishes.
6.

I am not aware of any individual or other person who claims to own any copyright

interest in any ASTM standard.
7.

Since ASTM filed this lawsuit in 2013, I am not aware of any participant or

volunteer in ASTM’s standards development committees for any of the standards at issue in this
lawsuit who has contacted ASTM to assert copyright ownership or otherwise challenge ASTM’s
copyright interest.
8.

As part of my role as General Counsel, I have personal knowledge of ASTM’s

license agreements for its copyrighted works.
9.

ASTM makes its standards available through third-party subscription services

such as Techstreet and IHS Engineering. These services include full-text searching and
navigation of ASTM’s standards.
10.

Additionally, ASTM’s own subscription service, ASTM Compass, allows users to

access any of ASTM’s library of 12,000+ standards. Standards available through ASTM
Compass are full-text searchable.
* * *

Dated: December 20, 2019

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