Intellectual Property News and Reports

Appellant IOENGINE, LLC (IOENGINE) appeals a series of Final Written Decisions of the United States Patent and Trademark Office’s Patent Trial and Appeal Board (Board) finding unpatentable certain claims of U.S. Patent Nos. 8,539,047 (’047 patent), 9,059,969 (’969 patent), and 9,774,703 (’703 patent) (collectively, the Challenged Patents) during inter partes review (IPR). The Board determined claims 1–21, 23–25, 27, and 28 of the ’047 patent, claims 1, 2, 4–8, 13–16, 19–21, 24, 25, and 27–29 of the ’969 patent, and claims 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 to be unpatentable. We reverse the Board’s unpatentability determinations as to claims 4 and 7 of the ’969 patent and claims 61–62 and 110–11 of the ’703 patent because the Board erred in its application of the printed matter doctrine. We affirm the Board’s unpatentability determinations as to all other claims.

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