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ARTICLE · 12 JUNE 2024

Interpreting The Printed Matter Doctrine In Inter Partes Review

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In Ioengine, LLC v. Ingenico Inc. No. 2021-1227, 2021-1331, 2021-1332 (Fed. Cir. May 03, 2024), the case addresses the patentability/validity of three patents. In particular, this case discusses...

United StatesIntellectual Property
Joshua Weisenfeld
Joshua Weisenfeld
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In Ioengine, LLC v. Ingenico Inc. No. 2021-1227, 2021-1331, 2021-1332 (Fed. Cir. May 03, 2024), the case addresses the patentability/validity of three patents. In particular, this case discusses the application of the printed matter doctrine during inter partes review, the treatment of newly introduced claim constructions on appeal, and the PTAB's anticipation and obviousness determinations.

Background

Ingenico Inc. filed petitions seeking inter partes review of U.S. Patent Nos. 8,539,047, 9,059,969, and 9,774,703. The PTAB instituted review of all three patents and concluded that claims 1-21, 23-25, and 27-28 of the '047 patent, 1-2, 4-8, 13-16, 19-21, 24-25, and 27-29 of the '969 patent, and 55, 57-63, 67-72, 74, 77-78, 81-87, 89, 92-98, 100, 103-104, 106-112, 116-121, 123, and 126-129 of the '703 patent were unpatentable.

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