Undated Screenshot Insufficient to Prove Public Accessibility of GitHub Repository, PTAB Litigation Blog
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In AO Kaspersky Lab v. Open Text Inc., the PTAB denied inter partes review after determining that a screenshot of a GitHub repository was insufficient to establish that a whitepaper posted to that repository qualified as a printed publication. IPR2023-00895, Paper 7 at 9 (Dec. 7, 2023) (“Decision”). This IPR involves U.S. Patent No. 10,284,591 (“the ’591 patent”), directed to systems and methods that monitor, block, and report bugs or malware hidden in computer programs. Id.
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