Washington, D.C. (December 3, 2024) – After five years of litigation, a team at Sterne, Kessler, Goldstein & Fox has successfully invalidated all of the remaining patent claims brought by Hybir, Inc. under Section 101 against Veeam Software Corporation.
The case began in late 2019 when Hybir sent a demand letter to Veeam and subsequently brought suit in February 2020 with three patents. In response, Sterne Kessler, on behalf of Veeam, filed inter partes reviews (IPRs) against all three of those patents, with Hybir agreeing to stay the case pending all IPRs and appeals.
In 2022, the Patent Trial and Appeal Board invalidated 94 percent of Hybir’s claims, including striking down two out of the three patents. Those decisions were affirmed on appeal, leaving just a handful of remaining claims. With this latest decision by the U.S. District Court for the District of Massachusetts, those remaining claims are now invalid under 101.
“This has been a long, hard-fought legal battle, and we are thrilled with the outcome,” said Mark Wong, General Counsel of Veeam. “We appreciate the efforts of the Sterne Kessler team in achieving this win on our behalf. It is a true victory for those who find themselves on the receiving end of patent claims by non-practicing entities.”
Sterne Kessler’s team included Directors Daniel Block, Michael Lee, Byron Pickard, Lauren Watt, David Haars, and William Milliken; and Associates Steven Pappas, Ryan Conkin, Cristen Corry, Davin Guinn, and Ethan Goldschen.
The case is Hybir, Inc. v. Veeam Software Corporation (D. Mass., 1:20-cv-10239-IT).
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