Blackhawk Network Announces U.S. Patent and Trademark Office Agrees to Reexamine InComm Patent

 Blackhawk Network, a leading provider of prepaid and financial payments products for consumers and businesses, today announced that InComm’s (e2Interactive’s) United States Patent No. 7,578,439 (the ‘439 patent), is being reexamined by the United States Patent and Trademark Office (USPTO).
In a complaint filed in the United States District Court for the Western District of Wisconsin, InComm has alleged that Blackhawk infringes the ‘439 patent. Blackhawk denied that it infringes and alleged in defenses and counterclaims that the ‘439 patent is invalid and unenforceable. On June 28, 2010, Blackhawk also requested that the USPTO reexamine the ‘439 patent on the grounds that the claims of the ‘439 patent should not have been issued and that substantial new questions existed regarding the patentability of those claims. On August 26, 2010, the USPTO granted Blackhawk’s request for ex parte reexamination of the ‘439 patent, concluding that substantial new questions existed regarding the patentability of the claims of the ‘439 patent. The USPTO’s decision granting reexamination further states that the USPTO intends to proceed with the reexamination with "special dispatch."
Blackhawk is pleased that the USPTO has agreed that its arguments raise substantial new questions concerning the patentability of the claims asserted in the lawsuit.