BANCORP SERVICES, L.L.C. v. HARTFORD LIFE INS. CO.

No. 03-1181.

359 F.3d 1367 (2004)

BANCORP SERVICES, L.L.C., Plaintiff-Appellant, v. HARTFORD LIFE INSURANCE COMPANY and International Corporate Marketing Group, L.L.C. (formerly known as International Corporate Marketing Group, Inc.), Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided March 1, 2004.


Attorney(s) appearing for the Case

Charles K. Verhoeven, Quinn Emanuel Urquhart Oliver & Hedges, LLP, of Redwood Shores, California, argued for plaintiff-appellant. With him on the brief was David A. Perlson, Quinn Emanuel, etc., of San Francisco, California.

Seth P. Waxman, Wilmer, Cutler & Pickering, of Washington, DC, argued for defendants-appellees. With him on the brief were Jonathan E. Nuechterlein and Todd C. Zubler. Of counsel on the brief were R. Laurence Macon, Kirt S. O'Neill, and Melanie G. Cowart, Akin, Gump, Strauss, Hauer & Feld, L.L.P., of San Antonio, Texas. Also of counsel on the brief was Rex S. Heinke, Akin, Gump, etc., of Los Angeles, California.

Joseph P. Zammit, Fulbright & Jaworski L.L.P., of New York, New York, for amicus curiae Metropolitan Life Insurance Company.

Matthew B. Lowrie, Lowrie, Lando & Anastasi, LLP, of Cambridge, Massachusetts, for amicus curiae Sun Life Assurance Company of Canada (U.S.). Of counsel on the brief was Ilan N. Barzilay, Wolf, Greenfield & Sacks, P.C., of Boston, Massachusetts.

Before RADER, BRYSON, and PROST, Circuit Judges.


BRYSON, Circuit Judge.

This is an appeal from a district court decision holding a patent invalid for indefiniteness. Because we conclude that the patent is not indefinite, we reverse the district court's judgment and remand for further proceedings.

I

Plaintiff-appellant Bancorp Services, L.L.C., is the owner of United States Patent No. 5,926,792, "System for Managing a Stable Value Protected Investment...

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