Overland Storage Successfully Petitions International Trade Commission to Review Administrative Law Judge's Findings Regarding

Overland Storage Successfully Petitions International Trade Commission to 
Review Administrative Law Judge's Findings Regarding
Both Overland Storage Patents 
SAN DIEGO, CA -- (Marketwired) -- 05/13/13 --  Overland Storage
(NASDAQ: OVRL), the 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 Decision to Review in Part the
Administrative Law Judge's Remand Initial Determination in the patent
infringement action filed by Overland Storage against 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 Decision stated that the ITC has granted
Overland Storage's petition to allow the full Commission to review
the Administrative Law Judge's findings regarding both of the
Overland Storage patents asserted against BDT. Specifically, the full
Commission will review the Administrative Law Judge's finding that
the BDT FlexStor II products do not infringe claim 16 of U.S. Patent
No. 6,353,581, which relates to the "mail slot" feature in automated
media devices. The Commission will also review the Administrative Law
Judge's finding that the asserted claims of U.S. Patent No.
6,328,766, which relates to "partitioning" of automated media
devices, are invalid based on an IBM operator's guide.  
The Commission announced that "having considered the evidence of
record, and the parties' submissions, the Commission has determined
to review" those findings. If the Commission reverses the
Administrative Law Judge's decision regarding the '581 patent,
Overland Storage will likely be entitled to relief under Section 337
of the Tariff Act of 1930. If the Commission reverses the
Administrative Law Judge's decision regarding claims of the '766
patent, those claims will likely be found valid by the ITC. The full
Commission's decision is currently due to be issued by June 25, 2013. 
"We are extremely pleased with the Commission's decision to review
what we consider to be erroneous findings regarding the '581 patent
and the '766 patent. We look forward to the Commission's infringement
findings related to the '581 p
atent, and the Commission's validity
findings related to the '766 patent," said Sean Cunningham, lead
counsel and a partner at DLA Piper LLP (US). "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.  
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,"
"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
 Follow Overland on Twitter:
http://www.twitter.com/OverlandStorage 
 Visit Overland on Facebook:
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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