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Intellectual Ventures I LLC, Intellectual Ventures II LLC, v. Symantec Corp., Veritas Technologies LLC

Representative Claim

25. A method for remote mirroring of digital data, said method comprising the steps of:

copying the data from a primary network server to a nonvolatile data buffer in a data transfer unit which is digitally connected to the primary network server, the primary network server including an operating system which is capable of accessing a nonvolatile server store, the data copied to the data transfer unit being a substantially concurrent copy of data which is being stored by the operating system in the nonvolatile server store of the primary network server;

copying the data from the data transfer unit to an input end of a communication link which has an output end physically separated from its input end;

generating and sending a spoof packet to the operating system of the primary network server; and

copying the data from the output end of the communication link to a nonvolatile server store on a remote network server.

33. The method of claim 25, further comprising the steps of:

compressing the data prior to said step of copying the data from the data transfer unit to the input end of the communication link; and

decompressing the data after said step of copying the data from the output end of the communication link.

Posture:

Appeals from the United States District Court for the District of Delaware in No. 1:13-cv-00440-LPS

Something More: No

In a very short opinion, the Federal Circuit agreed “[t]he district court correctly found that the claims were directed to the abstract idea of backing up data, and that the claim limitations lacked an inventive concept as they invoke conventional computer components that do not function in combination in an inventive manner. Summary Judgment Order, at 607-09 (citing ‘533 patent, col. 5, ll. 28-29, id. col. 5, ll. 34-35, id. col. 6, ll. 60-61, id. col. 11, ll. 12-13).”