"In a revised order issued October 9, John Squires, Director of the U.S. Patent and Trademark Office (USPTO), vacated a Final Written Decision from the Patent Trial and Appeal Board (PTAB) that determined all challenged claims of U.S. Patent No. 11,488,451 unpatentable as obvious. Squires terminated the inter partes review (IPR) proceeding after deciding that the Board abused its discretion by improperly crediting expert testimony that had multiple material contradictions."
"Blackhawk Network Inc. filed a request for Director Review of the Final Written Decision determining all challenged claims of '451 patent unpatentable as obvious based on the combination of Szrek and Llach. In its request, Blackhawk Network Inc. argued that the Decision should be reversed because the Board abused its discretion in crediting the contradictory testimony of Interactive Communications International, Inc.'s expert."
USPTO Director John Squires vacated a PTAB Final Written Decision that found all challenged claims of U.S. Patent No. 11,488,451 unpatentable as obvious and terminated the inter partes review proceeding. The Director concluded the Board abused its discretion by improperly crediting expert testimony that contained multiple material contradictions. The October 9 revised order superseded an October 1 decision by changing the disposition from reversing the Board to vacating the Board's decision while maintaining the grant of Director Review and termination. Blackhawk Network Inc. sought Director Review challenging the Board's reliance on the expert's testimony.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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