Case 1:12-cv-01340-JSR Document 84 Filed 07/03/14 Page 3 of 8
Lexis retrieved the documents. West 56.1 ¶¶ 26, 27; Def. Reed Elsevier Inc.’s Rule 56.1 Statement of Undisputed Facts in Support of Its Motion for Summary Judgment (“Lexis 56.1") ¶¶ 10, 23–24. Filing a document on PACER makes that document publicly available online as well as in the court’s clerk’s office and allows members of the public to retrieve and download a copy of the document from PACER for $0.10 per page, up to $3.00 per document. Lexis 56.1 ¶¶ 17, 20, 24–25.
West’s Litigator and Lexis’s BPM products offer users access to select legal documents that were filed, without seal, in state and federal courts. West 56.1 ¶¶ 3–5, 7; Lexis 56.1 ¶¶ 2–4. Once West or Lexis selects a particular legal document for inclusion into Litigator or BPM, the document is converted into a text-serchable electronic file and saved in each database’s proprietary format. West 56.1 ¶ 9; Lexis 56.1 ¶ 33. The document is further modified as follows: an editor reviews the document to redact sensitive and private information, West 56.1 ¶ 11; Lexis 56.1 ¶ 30; the editor codes and/or extracts from the document key characteristics like jurisdiction and practice area in order to allow users to find and retrieve documents more easily, West 56.1 ¶ 10; Lexis 56.1 ¶¶ 32, 36; the editor links the document to decisions and other filings in the same or related cases and creates links to authorities cited in the document, West 56.1 ¶ 10; Lexis 56.1 ¶¶ 32, 26; a unique identifier is created for each document for ease of locating and citing the document, West 56.1 ¶; Lexis 56.1 ¶ 41; and a link to a
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