A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Judicial Notice

I couldn't find a recognizable image of a time machine that wouldn't potentially subject us to copyright issues, so you get this lovely clock instead.
I couldn't find a recognizable image of a time machine that wouldn't potentially subject us to copyright issues, so you get this lovely clock instead. Matt Seymour, Unsplash

The Wayback Machine can be incredibly helpful in all kinds of cases. It allows you to pull previous copies of a website, seeing how it looked months or years ago. You can pull old local rules from circa 2007 and see the actual PDF; you can find out if that prior art product was on sale back in 2010; you can you can see exactly when the opposing party started (or stopped) marking their products.

But can the Court take judicial notice of a Wayback machine page? Judge Fallon addressed that …