Action Filed by Overland Vs. BDT (Continued)

Overland Storage, Inc. announced that the U.S. International Trade Commission (ITC) has released a Notice of Commission Determination in the patent infringement action filed by Overland Storage against IBM, Dell and BDT.

Overland Storage previously reported that the ITC and District Court actions against IBM and Dell had been resolved by settlement.

The Notice of Commission Determination stated that the ITC has granted Overland Storage’s petition to allow the Administrative Law Judge to make infringement findings on certain claims of Overland Storage’s U.S. Patent No. 6,353,581, which relates to the ‘mail slot’ feature in automated media devices. The Administrative Law Judge will now reconsider whether the accused BDT FlexStor II products infringe claims 10, 12 and 16 of the ‘581 patent based on the guidance provided by the full Commission. The Administrative Law Judge’s decision is currently due to be issued by December 25, 2012.

"We are very pleased with the Commission’s decision to have the Administrative Law Judge reevaluate BDT infringement of the 581 ‘mail slot’ patent. Innovation is the driving force of technology companies, and the ability to create and protect their intellectual property is critical to companies as they develop new products and protect existing assets," said Eric Kelly, president and CEO of Overland Storage. "With an extensive portfolio of additional patents that have been granted, our IP portfolio will assist us in continuing to shape the future of the data management and data protection markets for years to come."

Represented by DLA Piper LLP (US), 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, the company plans to pursue monetary damages against BDT in district court.