Administrative Law Judge Issues Remand Initial Determination in Overland Storage's Patent Infringement Case

Administrative Law Judge Issues Remand Initial Determination in Overland 
Storage's Patent Infringement Case 
Previous Reports Are False and Misleading That Judge Declared
Overland Patent Invalid in Media Storage Library Matter 
SAN DIEGO, CA -- (Marketwire) -- 03/28/13 --  Overland Storage
(NASDAQ: OVRL), the trusted global provider of effortless data
management and data protection solutions across the data lifecycle,
today announced that Chief Administrative Law Judge Charles Bullock
of the U.S. International Trade Commission ("ITC") 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 Storage 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 Chief Judge
    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 Mr. Sean
Cunningham, lead counsel for Overland Storage 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 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 dama
ges 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,"
"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.  
Connect with Overland Storage:
 Read the Overland blog:
http://overlandstorage.com/blog
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http://www.twitter.com/OverlandStorage
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http://www.facebook.com/OverlandStorage  
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:
Todd Kehrli or Jim Byers
MKR Group Inc.
323-468-2300
ovrl@mkr-group.com 
 
 
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