Blackhawk Gift Card System Does Not Infringe Competitor InComm’s Patent

A patentee expressly disclaimed patent scope in a reexamination, and thus gift card supplier Blackhawk Network Inc. did not infringe, according to a March 12 reversal of a district court’s finding by the U.S. Court of Appeals for the Federal Circuit (E2Interactive, Inc. v. Blackhawk Network, Inc., Fed. Cir., 2013-1151, 3/12/14).

Interactive Communications International Inc. (InComm) is exclusive licensee and e2Interactive Inc. is assignee of a patent (U.S. Patent No. 7,578,439), with a 1999 priority date, related to use of prepaid stored-value gift cards at point-of-sale terminals.

InComm sued Blackhawk for patent infringement in the U.S. District Court ...