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Business Method Patents - Down, But Not Out (At Least Not Yet)

By Peter Zura

Transamerica Life Insurance Company et al v. Lincoln National Life Insurance Company, N.D. IA (1-06-cv-00110)

Lincoln accused Transamerica and others of infringing U.S. Patent 7,089,201, titled "Method and apparatus for providing retirement income benefits." One of the claims recited in the preamble "a computerized method for administering a variable annuity plan having a guaranteed minimum payment feature associated with a systematic withdrawal program, and for periodically determining an amount of a scheduled payment to be made to the owner under the plan."

On February 13, the jury returned a verdict in favor of Lincoln, finding the patent valid and infringed - a reasonable royalty of $13,098,349 was assessed against Transamerica.

Read the verdict form here (from Docket Navigator).

NOTE: It appears that Bilski was not decided in time for this case. Presumably, Transamerca will appeal and/or negotiate a settlement based on the opinion.

Full post as published by Two-Seventy-One Patent Blog on February 18, 2009 (boomark / email).