Case: Patents/Standing (Fed. Cir.)

The Federal Circuit granted Blackhawk Network Inc.'s motion to dismiss for lack of standing Interactive Communications International Inc.'s appeal of the Patent Trial and Appeal Board’s decision that InComm failed to show that claims of Blackhawk’s patent directed to a system and method of providing pre-printed lottery tickets for random draw lotteries were unpatentable. The court said that InComm didn’t show standing based on potential infringement activity, that it faces an injury-in-fact by the possible threat of refiling such a suit, or injury based on alleged collateral and statutory estoppel effects resulting from the board’s decision.