Veritas Techs. LLC v. Veeam Software Corp., No. 15-1894 (Fed. Cir. 2016)Annotate this Case
Veritas’s patent claims systems and methods through which, while certain processes for restoring computer data are in progress, particular data sought by an active application may be given priority for restoration and made immediately accessible. Veeam requested that the Patent Trial and Appeal Board institute inter partes review of certain claims. Veritas moved to amend, seeking to add new claims 26 and 27 if the Board ultimately concluded that the challenged claims were unpatentable. In its final decision, the Board found, contrary to Veritas’s contention, that the claims were not limited to file-level background restoration processes, but could reasonably be read as also covering block-level restoration processes: the background restorer could proceed with restoration without identifying files, just by restoring blocks of data, which often will end up restoring whole files. The Board rejected the challenged claims for obviousness, 35 U.S.C. 103, and denied Veritas’s motion to amend, without an evidentiary determination of patentability of the proposed claims, stating that Veritas had not addressed whether each new feature in each proposed claim, as distinct from the claimed combination of features, was independently known in prior art. The Federal Circuit affirmed the Board’s construction as the broadest reasonable interpretation of the claims and upheld its obviousness determination, but vacated denial of Veritas’s motion. The court remanded for consideration of the patentability of the proposed claims.