Petitioners Beware: Screenshots Showing Product May Not Qualify as Printed Publication, PTAB Litigation Blog
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In a recent decision, the PTAB determined that images of products offered for sale via online retailers, such as Amazon, did not alone qualify as printed publications—even if the images showed the product and the date it was offered for sale. Next Step Group, Inc. v. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (P.T.A.B. Aug. 6, 2024) (“Decision”). Here, Next Step Group, Inc. (“NSG” or “Petitioner”) requested IPR of U.S. Patent No. D927,161 (“the ’161 Patent”), titled “Footwear Upper.”
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