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LINCOLN NAT. LIFE INS. v. TRANSAMERICA LIFE INS.

Nos. 2009-1403, 2009-1491.

609 F.3d 1364 (2010)

LINCOLN NATIONAL LIFE INSURANCE COMPANY, Plaintiff-Appellee, v. TRANSAMERICA LIFE INSURANCE COMPANY, Western Reserve Life Assurance Co. of Ohio, and Transamerica Financial Life Insurance Company, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

June 23, 2010.

Attorney(s) appearing for the Case

D. Randall Brown, Barnes & Thornburg LLP, of Fort Wayne, IN, argued for plaintiff-appellee. With him on the brief was Gary C. Furst.

Steven M. Bauer, Proskauer Rose LLP, of Boston, MA, argued for defendants-appellants. With him on the brief were Kimberly A. Mottley, Sandra J. Badin; and Charles S. Sims, of New York, NY. Of counsel on the brief were James R. Myers, Ropes & Gray LLP, of Washington, DC, and John Kenneth Felter, of Boston, MA.

Concurring opinion filed by Circuit Judge CLEVENGER.

MOORE, Circuit Judge.

Transamerica Life Insurance Company, Western Reserve Life Assurance Company of Ohio, and Transamerica Financial Life Insurance Company (collectively, Transamerica) appeal from a final decision of the district court denying Transamerica's motion for judgment as a matter of law that it does not infringe claims 35-39 and 42 of U.S. Pat. No. 7,089,201 (the '201 patent). Because the evidence of record does not support the jury's verdict of infringement...

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