Veeam Software Corp. v. Symantec Corp.
Addressing issues of claim construction and the requirements for
a motion to amend, the U.S. Patent and Trademark Office's
Patent Trial and Appeal Board (Board) ruled that the claims at
issue were unpatentable and denied a motion to amend, finding that
the patent owner had not sufficiently distinguished the proposed
amended claims over the cited prior art and all prior art known to
the patent owner. Veeam Software Corp. v. Symantec
Corp., Case No. IPR2013-00142 (PTAB, July 29, 2014)
(Petravick, APJ).
Veeam filed a petition challenging certain claims of
Symantec's patent that relates to the restoration of computer
systems backed up on storage managers (e.g., over a network) when
normal restoration is not available. The Board determined the
challenged claims were likely unpatentable and instituted the inter
partes review proceeding. The Board later found in a final
written decision the claims to be unpatentable and
