Contradictory Expert Testimony and Director Review
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Contradictory Expert Testimony and Director Review
"In his first Director Review decision, new USPTO Director John Squires has gone the extra mile -- in addition to granting director review and reversing the Board's decision favoring the patent challenger, Dir. Squires also ordered immediate termination of the proceedings based upon unreliable expert testimony. Interactive Communications Int'l, Inc. v. Blackhawk Network Inc., IPR2024-00465. [ IPR2024-00465 Director Review Decision] Blackhawk's challenged U.S. Patent No. 11,488,451 a method for selling pre-printed lottery tickets through a retailer's existing point-of-sale (POS) terminals without requiring specialized lottery hardware."
"Blackhawk's challenged U.S. Patent No. 11,488,451 a method for selling pre-printed lottery tickets through a retailer's existing point-of-sale (POS) terminals without requiring specialized lottery hardware. Instead of printing a new ticket at a dedicated lottery terminal, the system uses pre-manufactured tickets that carry unique identifiers and are activated when scanned and paid for at checkout. This framework allows the pre-printed ticket itself (once activated) to serve as the legal lottery instrument, while enabling lottery sales across all checkout lanes without specialized installations."
USPTO Director John Squires granted Director Review, reversed the Board's decision favoring the patent challenger, and ordered immediate termination of the IPR due to unreliable expert testimony. The case is Interactive Communications Int'l, Inc. v. Blackhawk Network Inc., IPR2024-00465. The challenged U.S. Patent No. 11,488,451 claims a method for selling pre-printed lottery tickets through existing retailer point-of-sale (POS) terminals without specialized lottery hardware. The system uses pre-manufactured tickets with unique identifiers that are activated when scanned and paid for at checkout, allowing the activated pre-printed ticket to serve as the legal lottery instrument across all lanes.
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