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 Plaintiffs and Defendant have since developed (and sought to limit) the factual record by filing statements of fact and evidentiary objections, and each side has again moved for summary judgment.

As to its copyright claims, Plaintiffs move for summary judgment with regard to 217 standards. See ECF No. 199, Pls.’ Second Mot. for Summ. J. (“Pls.’ 2d MSJ”); see also ECF 198-2, Pls.’ Appendix A (listing each of the 217 standards). Plaintiffs argue that they own valid copyrights in the 217 standards, that Defendant “indiscriminately” copied and republished those standards and therefore failed to comport with Circuit guidance on what qualifies as “fair use.” See Pls.’ 2d MSJ at 10–12. Plaintiffs group the standards into five categories: (1) standards for which Defendant has not correctly identified an incorporating reference; (2) standards containing discretionary portions or reference procedures; (3) standards that have only been partially incorporated by reference into law; (4) standards that do not impose legal duties on any private party; and (5) standards containing non-mandatory aids or supplements, including appendices,