Handal & Associates: ITC Terminates Investigation of BDT, Rejecting Overland Storage's Claims of Patent Infringement

Handal & Associates: ITC Terminates Investigation of BDT, Rejecting Overland 
Storage's Claims of Patent Infringement 
SAN DIEGO, CA -- (Marketwired) -- 05/29/13 --  Handal & Associates
announced today that the United States International Trade Commission
issued its Notice of Commission Decision terminating the
investigation into BDT's products and finding no Section 337
violation.  
After a rare two-and-a-half year fight, the International Trade
Commission has finally terminated an investigation of German data
storage company BDT that had been instigated by competitor Overland
Storage, Inc. (NASDAQ: OVRL). Overland had alleged that BDT's
FlexStor II products infringed its U.S. Patent No. 6,353,581 ("the
'581 patent") and U.S. Patent No. 6,328,766 ("the '766 patent"). The
Commission, however, affirmed the Administrative Law Judge's findings
that BDT's FlexStor II products do not infringe the '581 patent and
that the asserted claims of the '766 patent are invalid. As a result,
the Commission affirmed the ALJ's finding that BDT did not violate
Section 337 of the Tariff Act of 1930. 
The investigation has a long history by ITC standards. Commenced in
October 2010 from a complaint filed by Overland Storage, the
investigation proceeded to trial in August 2011. In June 2012, Chief
Administrative Law Judge Charles Bullock issued an initial
determination finding that Overland's patents were valid, but that
BDT, nevertheless, did not violate Section 337.  
Both sides petitioned the Commission for review and the Commission
remanded the matter back to the ALJ for further consideration,
including the issue of invalidity of the '766 patent. In his Remand
Initial Determination entered in March 2013, Judge Bullock reaffirmed
his finding that BDT's products do not infringe the '581 patent and,
after considering previously excluded evidence, reversed his earlier
decision to find that the asserted claims of the '766 patent are
invalid. Overland once again petitioned the Commission for review of
Judge Bullock's Remand Initial Determination, which the Commission
granted.  
The Commission today released its Notice of Commission Decision to
affirm the Remand Initial Determination that BDT did not infringe
Overland's '581 patent and that the asserted claims of the '766
pat
ent are invalid. The Commission also ordered the investigation
terminated, amounting to a significant victory for BDT, which for
years has vigorously disputed Overland's meritless claims of
infringement.  
"It has been a long three-year battle, but today's decision finally
vindicates BDT and its FlexStor II products," said Anton N. Handal,
lead counsel for BDT. "BDT is a company that respects the
intellectual property of others, but, as this investigation has
proven, it will vigorously defend its integrity against spurious
claims of infringement," added Handal. 
Handal & Associates is a boutique law firm with a practice weighted
towards intellectual property and commercial transactions. Located in
San Diego, it represents clients from around the world. 
Contact:
Handal & Associates
www.handal-law.com
619-544-6400
For further information send enquiries to office@handal-law.com 
 
 
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