ITC Ruling Directs Administrative Law Judge to Consider Whether

ITC Ruling Directs Administrative Law Judge to Consider Whether BDT
Accused Products Infringe Overland Storage Mail Slot Patent Claims 
SAN DIEGO, CA -- (Marketwire) -- 12/12/12 --  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 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 Mr. 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,
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(R),
SnapSAN(TM), NEO(R) and REO(R) 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,"
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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.  
Connect with Overland Storage:
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http://overlandstorage.com/blog
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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.  
Investor Relations Contact:
Charles Messman or Todd Kehrli
MKR Group Inc.
323-468-2300
ovrl@mkr-group.com 
Media Contact:
Elizabeth Zaborowska
Bhava Communications
510-219-8127
overland@bhavacom.com 
 
 
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