Overland’s ITC Litigation Vs. BDT Reported

Overland Storage Inc. announced an update in its patent infringement litigation against BDT AG and BDT’s subsidiaries.

Chief Administrative Law Judge Charles Bullock of the International Trade Commission (ITC) has ordered the parties to submit an updated schedule for Overland Storage’s ITC litigation against BDT.

The order stems from Overland Storage’s settlement with IBM and Dell. Chief Judge Bullock ordered an updated schedule after deciding to allow Overland and BDT to make arguments about the impact of Overland Storage’s settlement with IBM and Dell. Judge Bullock’s order recognizes that an extension of the deadline for the Commission’s ruling will be necessary to allow the parties time to brief the issue. Per the Judge’s order, the initial determination date will be no later than close of business May 24, 2012.

"We believe that the judge’s decision to allow the parties time to brief the issue before he rules on the merits of the case will strengthen Overland’s position," said Sean Cunningham, lead counsel for Overland Storage. "We remain confident that the judge’s ruling will be in favor of Overland."

In the ITC litigation, Overland claims infringement of two of its United States patents, numbers 6,328,766 and 6,353,581. These two patents address improvements in virtual storage and media access in the tape storage market.

Overland is represented in the lawsuit by San Diego and Palo Alto-based lawyers from DLA Piper LLP (US), the world’s largest multi-national law firm.