After adding lawyers from White & Case, including appellate specialists, ROSS Intelligence asks Judge Bibas to certify copyrightability of headnotes and fair use questions to Third Circuit for interlocutory appeal. ROSS cites Judge Bibas’ own conflicting decisions.
This seems like a long shot with the trial date in May looming. But this case has had more twists and turns, so it would be par for the course if Judge Bibas certified the questions to the Third Circuit.

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