In Hybir, Inc. v. Veeam Software
Corp., No. 1:20-cv-10329, Judge Talwani granted
Defendant's motion to dismiss.
The asserted patent is directed to a more efficient method and
system of file backup in terms of processing time, network
bandwidth, and storage requirements. Defendant moved to dismiss for
failure to state a claim, contending the asserted patent is invalid
under 35 U.S.C. § 101 for claiming unpatentable subject
matter.
The Court analyzed the claims under the Alice framework: (1)
whether the claims are directed to an abstract idea and (2) if so,
whether the claims contain an inventive concept.
Under Alice Step One, Defendant argued the asserted
claims were indistinguishable from manual operations performed by
individuals, failed to provide a technological solution, and thus
were directed to an abstract idea. Plaintiff attempted to
differentiate its claims from Federal Circuit precedent that held
similar claims to be abstract. Plaintiff argued its
