InComm v. Blackhawk Lawsuit Update

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InComm, the leader in sales and marketing of prepaid products and innovator of transaction processing, responds to the recent grant by the United States Patent and Trademark Office of Blackhawk Network's request for ex parte reexamination of InComm's United States Patent No. 7,578,439.

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InComm, the leader in sales and marketing of prepaid products and innovator of transaction processing, responds to the recent grant by the United States Patent and Trademark Office of Blackhawk Network's request for ex parte reexamination of InComm's United States Patent No. 7,578,439.

The submission of a request for patent reexamination to the USPTO is a procedural tool commonly used by defendants in patent litigation. The USPTO's decision to hear defendant Blackhawk Network's request for reexamination is neither a decision on the merits of the '439 patent's validity, nor is it unusual or significant. Current statistics show that the USPTO grants at least 95% of similar reexamination requests, yet only a minimal percentage of such requests result in patent invalidation. The granting of this request is not expected to delay or otherwise impact the trial scheduled for December 2011.

InComm is proud of its patent portfolio, which includes 29 domestic U.S. and 45 international patents, and is confident the reexamination of the '439 patent will confirm its strength and validity.

About InComm:
InComm is the industry leading marketer, distributor and technology innovator of stored-value gift and prepaid products using its state-of-the-art point-of-sale transaction technology and payment solutions to revolutionize retail product sales and customer experiences. With nearly $10 billion in retail sales transactions processed in 2009, InComm is the nation’s largest provider of gift cards, prepaid wireless products, reloadable debit cards, digital music downloads, content, games, software and bill payment solutions. InComm partners with consumer brand leaders around the world to provide more than 220,000 retail locations the products and services their customers demand. Since 1992, InComm's patented technologies have made the buying process easier for consumers while streamlining the selling process for product and retail partners. InComm is headquartered in Atlanta, GA with offices in Canada, Japan, Mexico, Puerto Rico, the United Kingdom, Arkansas, California, Colorado, Florida, Georgia, Minnesota, Oregon, and Texas. To learn more about InComm, visit http://www.incomm.com or call 1.800.352.3084.

The lawsuit, Case No. 09-CV-629, was filed in the United States District Court for Western District of Wisconsin.

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Jenn Boutwell
InComm
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