PTAB Ruling Highlights A Petitioner's Burden For Qualifying An Internet Screenshot As A "Printed Publication"

In a recent decision issued in Louisiana-Pacific Corp. v. Huber Engineered Woods LLC, the Patent Trial and Appeal Board addressed the showing that a petitioner for inter partes review must make to demonstrate that an asserted prior art reference pulled from the Internet qualifies as a "printed publication" for purposes of an obviousness or anticipation challenge. Specifically, the board examined whether the petitioner had met its burden for establishing a reasonable likelihood that two website screenshots were publicly accessible before the challenged patent's critical date. After finding that the petitioner had not done so, the board went on to deny institution of the requested IPR.