The topic of “when is a journal available to the public?” seems to come up from time to time. So, I thought some people might be interested in the oral argument of ABS GLOBAL, INC. v. INGURAN LLC, No. 2018-1240 (Fed. Cir. Feb. 7, 2019). This oral argument from a Rule 36 judgment addresses some of the issues involved in making that determination.
You can access the court’s Rule 36 judgment here: [link].