International Trade Commission Issues Notice of Decision in Overland Storage's
Patent Suit Against BDT, Suit to Proceed in United States
SAN DIEGO, CA -- (Marketwired) -- 05/30/13 -- 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(R),
SnapSAN(TM), NEO(R) and REO(R) solutions are available through a
k 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
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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.
Investor Relations Contact:
Todd Kehrli or Jim Byers
MKR Group Inc.
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