Patent Ruling Sheds Light On Printed Matter Doctrine

Manatt Intellectual Property Protection and Enforcement Partner published an article in Law360 examining the findings of Ioengine LLC v. Ingenico Inc. and highlighting that patent attorneys should pay attention to this kind of claim language and whether the language is functional and integrated with the hardware since it raises important considerations with regard to the validity of a patent.

The printed matter doctrine played a key role in the Patent Trial and Appeal Board’s (PTAB) determination that Ioengine’s patents were invalid. But on appeal, the Federal Circuit reviewed the PTAB's application of the printed matter doctrine and reversed. The court stated that printed matter is matter claimed for the content specifically being communicated. Only once that step is met can the court then examine whether the content being communicated establishes a functional relationship between the information and the device for patent eligibility.

The Federal Circuit decision provides valuable guidance for patent applicants and litigators concerning the printed matter doctrine.

Donner also includes specific considerations for patent practitioners and applicants, litigators and software patents.

Read the full article .