International Trade Commission Issues Notice of Decision in Overland Storage's Patent Suit Against BDT, Suit to Proceed in Un...
May 30 2013 - 5:30AM
Marketwired
Overland Storage (NASDAQ: OVRL), a trusted global provider of
effortless data management and data protection solutions across the
data lifecycle, today announced that the U.S. International Trade
Commission ("ITC") has released a Notice of Decision regarding the
patent infringement lawsuit filed by Overland Storage against BDT.
The Notice of Decision concludes the ITC litigation, which will
allow Overland Storage to pursue its patent infringement claims
against BDT in the United States District Court for the Southern
District of California. The Notice of Decision upholds an earlier
decision by the Administrative Law Judge finding no violation under
ITC law, but the Decision does not preclude Overland Storage from
continuing to assert several claims of its United States Patent No.
6,328,766 -- which relates to partitioning of automated media
devices -- against BDT in federal court in San Diego,
California.
"A confidential opinion will be released soon providing the
Commission's reasoning behind the ITC's decision. We believe that
BDT continues to infringe valid Overland Storage patents, and we
will pursue those claims promptly in the pending district court
case," said Sean Cunningham, lead counsel for Overland Storage and
a partner at DLA Piper LLP (US).
Overland Storage has a pending lawsuit in the federal district
court in San Diego against BDT regarding the same patents asserted
in the ITC investigation. Several claims are asserted in the
district court case that were not decided by the ITC. The federal
court lawsuit was stayed pending the outcome of the ITC
investigation.
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
http://www.overlandstorage.com/.
Safe Harbor Statement Except for the
factual statements made herein, the information contained in this
news release consists of forward-looking statements that involve
risks, uncertainties and assumptions that are difficult to predict.
Words and expressions reflecting optimism, satisfaction or
disappointment with current prospects, as well as words such as
"believes," "hopes," "intends," "estimates," "expects," "projects,"
"plans," "anticipates" and variations thereof, or the use of future
tense, identify forward-looking statements, but their absence does
not mean that a statement is not forward-looking. Such
forward-looking statements are not guarantees of performance and
our actual results could differ materially from those contained in
such statements. Factors that could cause or contribute to such
differences include, but are not limited to: our ability to
maintain and increase sales volumes of our products; our ability to
continue to aggressively control costs and operating expenses; our
ability to achieve the intended cost savings and maintain quality
with our new manufacturing partner; our ability to generate cash
from operations; the ability of our suppliers to provide an
adequate supply of components for our products at prices consistent
with historical prices; our ability to raise outside capital and to
repay our debt as it comes due; our ability to introduce new
competitive products and the degree of market acceptance of such
new products; the timing and market acceptance of new products
introduced by our competitors; our ability to enforce our
intellectual property rights; our ability to maintain strong
relationships with branded channel partners; our ability to
maintain the listing of our common stock on the NASDAQ Capital
Market; customers', suppliers' and creditors' perceptions of our
continued viability; rescheduling or cancellation of customer
orders; loss of a major customer; general competition and price
measures in the market place; unexpected shortages of critical
components; worldwide information technology spending levels; and
general economic conditions. Reference is also made to other
factors detailed from time to time in our periodic reports filed
with the Securities and Exchange Commission. These forward-looking
statements speak only as of the date of this release and we
undertake no obligation to publicly update any forward-looking
statements to reflect new information, events or circumstances
after the date of this release.
Overland Storage, SnapSAN, SnapServer, NEO Series, REO Series
and the Overland logo are trademarks Overland Storage, Inc., that
may be registered in some jurisdictions. All other trademarks used
are owned by their respective owners.
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Investor Relations Contact: Todd Kehrli or Jim Byers MKR
Group Inc. 323-468-2300 ovrl@mkr-group.com
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