Administrative Law Judge Issues Remand Initial Determination in Overland Storage's Patent Infringement Case

March 28, 2013
Previous Reports Are False and Misleading That Judge Declared Overland Patent Invalid in Media Storage Library Matter

SAN DIEGO, CA -- (MARKETWIRE) -- 03/28/13 -- Overland Storage (NASDAQ: OVRL), the trusted global provider of effortless data management and data protection solutions across the data lifecycle, today announced that Chief Administrative Law Judge Charles Bullock of the U.S. International Trade Commission ("ITC") has issued a Remand Initial Determination in the infringement action filed by Overland Storage against BDT and two of its customers.

The case involves two Overland Storage patents: U.S. Patent No. 6,328,766, which relates to creating partitions within a tape library, and U.S. Patent No. 6,353,581, which relates to a mail slot within a tape library.

In regards to the Remand Initial Determination of the '766 patent the following was determined:

  • Claims 4, 5 and 10 have not been found to be invalid by Chief Judge Bullock.
  • Claims 4, 5 and 10 were left unchanged by the Remand Initial Determination, and therefore prior reports regarding the invalidity of that patent are false and misleading.
  • Claims 1-3 and 7-9 were found invalid in light of certain prior art.

The Remand Initial Determination also found that claims 10, 12, and 16 of the '581 patent are not infringed. Overland will request a review of these findings by the full ITC Commission.

"ITC litigation is a multi-phase process, right now we are focusing on the next step which is to petition the full Commission for a review of the Remand Initial Determination's findings," said Mr. Sean Cunningham, lead counsel for Overland Storage and a partner at DLA Piper LLP (US).

If the Commission decides to review the Remand Initial Determination on the merits, the Commission is expected to issue its decision in a Final Determination by June 25, 2013.

Overland Storage has previously reported that it filed additional lawsuits on June 28, 2012, claiming infringement of one or both of the Overland Storage patents involved in the ITC case against BDT. Upon completion of the ITC case, Overland Storage plans to pursue monetary damages against BDT in district court.

About Overland Storage
Overland Storage is a trusted global provider of effortless data management and data protection solutions across the data lifecycle. By providing an integrated range of technologies and services for primary, nearline, offline, archival and cloud data storage, Overland makes it easy and cost effective to manage different tiers of information over time. Overland SnapServer®, SnapSAN™, NEO® and REO® solutions are available through a select network of value added resellers and system integrators. For more information, visit

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