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… But Overland Disagrees:

"False and misleading"

Overland Storage, Inc. announced that chief administrative law judge Charles Bullock of the U.S. International Trade Commission 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 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 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 Sean Cunningham, lead counsel for Overland 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 has previously reported that it filed additional lawsuits on June 28, 2012, claiming infringement of one or both of the Overland patents involved in the ITC case against BDT.

Upon completion of the ITC case, Overland plans to pursue monetary damages against BDT in district court.

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