We have previously written about disputes over prior art used in
an AIA patent trial. A recent case presented challenges to
materials obtained from the Internet. The case, Johns Manville
Corp. v. Knauf Insulation, Inc.,1 involved a
petitioner's reliance on exhibits downloaded from the Wayback
Machine as prior art. In its final written decision, the PTAB
determined that Wayback Machine exhibits were sufficiently
authenticated and reliable to withstand a motion to exclude.
However, the Board's ruling did not specifically address one
aspect of the challenge relating to a party, Alexa Internet, which
initially captured the Internet pages that were archived.
Key Takeaway: The PTAB and the courts have
previously accepted evidence from the Wayback Machine as long as
there was supporting testimony to authenticate the materials. While
this latest ruling continues that trend, it also leaves open the
question of challenging Wayback Machine materials based on the
involvement of
