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ARTICLE · 31 AUGUST 2012

Machine-Or-Transformation Test Fails When Computer In Patent Claims Performs Only Calculations

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Bancorp Services, L.L.C. owns U.S. Patent Nos. 7,249,037 and 5,926,792, which are directed to systems and methods for administering and tracking the value of life insurance policies in separate accounts.

United StatesIntellectual Property

In Bancorp Services, L.L.C. v. Sun Life Assurance Co. of Canada (U.S.), No. 11-1467 (Fed. Cir. July 26, 2012), the Federal Circuit affirmed the district court's grant of SJ in favor of Sun Life Assurance Company of Canada (U.S.) ("Sun Life") and held the patents-in-suit invalid.

Bancorp Services, L.L.C. ("Bancorp") owns U.S. Patent Nos. 7,249,037 ("the '037 patent") and 5,926,792 ("the '792 patent"), which are directed to systems and methods for administering and tracking the value of life insurance policies in separate accounts.  Under separate account plans, the policy owner pays an additional premium beyond that required to fund the death benefit, and specifies the types of assets in which the additional value is invested.  The value of a separate account policy fluctuates with the market value of the underlying investment assets.  Stable value protected investments address that volatility by providing a mechanism for stabilizing the reported value of the

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