SOURCE: Overland Storage

Overland Storage

May 30, 2013 06:30 ET

International Trade Commission Issues Notice of Decision in Overland Storage's Patent Suit Against BDT, Suit to Proceed in United States District Court

SAN DIEGO, CA--(Marketwired - May 30, 2013) - 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®, SnapSAN™, NEO® and REO® 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.

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.

Contact Information

  • Investor Relations Contact:
    Todd Kehrli or Jim Byers
    MKR Group Inc.
    323-468-2300
    ovrl@mkr-group.com