Description of Intellectual Property Analysis Contents
Lincoln is
Asserting it's Patent
Rights
Lincoln National Life
Insurance Company has three patents (one awaiting issue)
and two additional pending patent applications all
addressingGuaranteed Minimum Withdrawal
Benefit (GMWB) type
withdrawal benefits — a very popular benefit
feature in many variable annuity
products.
Lincoln is asserting that two competitors (Transamerica
& Jackson Nation Life Insurance Companies) have
infringed two of its patents.
This action, of course, should make the inventions
claimed by Lincoln in these patents of great interest
— at least among insurers offering GMWBs or
planning to do so.
What is
Offered
This
Intellectual Property
Analysis is intended to provide
detail on the inventions claimed by Lincoln and an
analysis on the effectiveness of the claims made from the
point of view of a person of ordinary skill in the art of
the claimed invention, i.e. annuities and payouts made
from annuities. It is intended that this
analysis will be very helpful to a better understanding
of the IP.
How the IP Analsis
is Organized
The
Analysis consists of succesive sections designed to
provide the reader with increasing depth and detail from
the intial Overview through the
Annotated IP
Appendix.
The Analysis of Independent
Claims section addresses
in more detail the structure of each of the independent
claims and the specific meaning of each of the terms or
expressions used. Since the two issued
patents are involved in patent infringement lawsuits,
this analysis benefits from the Markman Hearing
Opinion & Order for each. A Markman Hearing
addresses claim construction and the meaning of terms and
expressions used. A Markman Hearing is usually one of the
first steps in a patent infringement
action.
The Analysis of Independent Claims
section shows the actual claim language with an
outline intended to point out critical elements, content,
or differences between various versions of the underlying
inventions. It is important to
recognize that the actual claim language defines the
invention. The outline provided is
an interpretation of this language.
The Analysis of Independent
Claims also points out issues or problems
with the terms and expressions used in the claims when
relevant to an understanding of the
claim. Possible enablement,
indefiniteness, obviousness, and prior art issues are
addressed when relevant. The prior art considered
is, generally, prior art not previously disclosed or
considered in the patent office examination. Also
addressed are apparent defects in some of the claims that
might suggest easy work arounds or may cause one to
question validity.
The Annotated IP Appendices provide even more detailed comment on the specification and claim language, defects caused by applicant, and patent office errors left uncorrected by the applicant. The Annotated IP shows the original patent/application language in the left column and informative annotations pointing out background, comment, or inconsistencies regarding that language in the right column.
The
Prior Art
Appendices
document and explain prior art which may be relevant to
the Lincoln claims not previously disclosed or considered
during patent prosecution. Appropriate fair use quotes
are provided which show the relevance of the prior art to
the Lincoln claimed inventions.
Format
The
Intellectual Property
Analysis is delivered as a 200 page
printed document with additional resource material
supplied on a CD ROM. It analizes 15 independent
claims and the specification language from which these
claims were drawn.