"The CAFC determined that a settlement agreement between Hybir and Veeam Software Corp. rendered the appeal moot because the terms constituted a 'side bet' on the appeal's outcome."
"Under this agreement, Hybir licensed several other patents to Veeam Software Corp., while expressly reserving the right to appeal the final judgment regarding the '043 patent."
"The CAFC evaluated whether this arrangement maintained a live case or controversy, finding the facts indistinguishable from its 2013 decision in Allflex USA, Inc. v. Avid Identification Systems, Inc."
The U.S. Court of Appeals for the Federal Circuit dismissed Hybir's appeal regarding the ineligibility of its patent claims under Section 101. A settlement agreement with Veeam Software Corp. rendered the appeal moot, as it constituted a 'side bet' on the outcome. The agreement allowed Hybir to reserve the right to appeal while Veeam agreed not to participate in the appeal process. The CAFC found this arrangement similar to a previous case, Allflex USA, which also involved a settlement affecting the appeal's viability.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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