"A nonprofit advocacy organization, EFF often files amicus briefs in cases involving tech companies. The Federal Circuit discourages amicus briefs that duplicate arguments made by the main parties, but the court’s policy of withholding access to briefs made it hard to read other case filings before the deadline to submit amicus briefs, said Daniel Nazer, the EFF attorney who asked the court to amend its policy.
“Usually, we’ve been able to get the brief from the parties. It kind of requires having a good relationship with the parties,” he said in a telephone interview. “We’ve never had to file a brief without reading the [other] briefs, but we’ve come close some a few times."