Value Delivered
Tier 1 prior art was identified on YouTube to support the client’s position in a high-profile litigation case. However, a landmark ruling in the EP jurisdiction held that a screenshot of a YouTube video alone was insufficient to challenge patent validity.
To overcome this, GreyB provided the client with two supporting evidence—a tweet and a Facebook post — to prove the video’s public availability before the cut off date.
Problem Solved
The client was searching for an invention where a user can resize a barcode scanner in real time based on inputs such as a pinch gesture or eye movements.
A YouTube video by WxD Production uploaded on February 3, 2013, was quickly identified as Tier 1 prior art. However, the key challenge was to confirm the public availability of this video through alternative sources.
Solutions Offered
GreyB skimmed through the other social media accounts of the WxD Production and identified two distinct pieces of evidence.
- Social Media Post: A tweet by the uploader explicitly announcing the release of the YouTube video served as clear proof of public availability prior to the cut-off date.
- Official Website Update Logs: The update logs on the QuickMark application showed that a relevant feature—adjusting the decoding area—was rolled out on December 12, 2010. This update was also linked to a Facebook post from QuickMark’s official page, further strengthening the evidence.
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