Welcome!

News Feed Item

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 patent 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 Email Contact

More Stories By Marketwired .

Copyright © 2009 Marketwired. All rights reserved. All the news releases provided by Marketwired are copyrighted. Any forms of copying other than an individual user's personal reference without express written permission is prohibited. Further distribution of these materials is strictly forbidden, including but not limited to, posting, emailing, faxing, archiving in a public database, redistributing via a computer network or in a printed form.

Latest Stories
Qosmos has announced new milestones in the detection of encrypted traffic and in protocol signature coverage. Qosmos latest software can accurately classify traffic encrypted with SSL/TLS (e.g., Google, Facebook, WhatsApp), P2P traffic (e.g., BitTorrent, MuTorrent, Vuze), and Skype, while preserving the privacy of communication content. These new classification techniques mean that traffic optimization, policy enforcement, and user experience are largely unaffected by encryption. In respect wit...
Deploying applications in hybrid cloud environments is hard work. Your team spends most of the time maintaining your infrastructure, configuring dev/test and production environments, and deploying applications across environments – which can be both time consuming and error prone. But what if you could automate provisioning and deployment to deliver error free environments faster? What could you do with your free time?
SYS-CON Events announced today that Hitrons Solutions will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Hitrons Solutions Inc. is distributor in the North American market for unique products and services of small and medium-size businesses, including cloud services and solutions, SEO marketing platforms, and mobile applications.
Smart Cities are here to stay, but for their promise to be delivered, the data they produce must not be put in new siloes. In his session at @ThingsExpo, Mathias Herberts, Co-founder and CTO of Cityzen Data, will deep dive into best practices that will ensure a successful smart city journey.
SYS-CON Events announced today that 910Telecom will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Housed in the classic Denver Gas & Electric Building, 910 15th St., 910Telecom is a carrier-neutral telecom hotel located in the heart of Denver. Adjacent to CenturyLink, AT&T, and Denver Main, 910Telecom offers connectivity to all major carriers, Internet service providers, Internet backbones and ...
SYS-CON Events announced today that eCube Systems, a leading provider of middleware modernization, integration, and management solutions, will exhibit at @DevOpsSummit at 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. eCube Systems offers a family of middleware evolution products and services that maximize return on technology investment by leveraging existing technical equity to meet evolving business needs. ...
DevOps at Cloud Expo – being held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA – announces that its Call for Papers is open. Born out of proven success in agile development, cloud computing, and process automation, DevOps is a macro trend you cannot afford to miss. From showcase success stories from early adopters and web-scale businesses, DevOps is expanding to organizations of all sizes, including the world's largest enterprises – and delivering real results. Am...
Pulzze Systems was happy to participate in such a premier event and thankful to be receiving the winning investment and global network support from G-Startup Worldwide. It is an exciting time for Pulzze to showcase the effectiveness of innovative technologies and enable them to make the world smarter and better. The reputable contest is held to identify promising startups around the globe that are assured to change the world through their innovative products and disruptive technologies. There w...
Internet of @ThingsExpo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 19th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The Internet of Things (IoT) is the most profound change in personal and enterprise IT since the creation of the Worldwide Web more than 20 years ago. All major researchers estimate there will be tens of billions devices - comp...
DevOps at Cloud Expo, taking place Nov 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 19th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long dev...
SYS-CON Events announced today that StarNet Communications will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. StarNet Communications’ FastX is the industry first cloud-based remote X Windows emulator. Using standard Web browsers (FireFox, Chrome, Safari, etc.) users from around the world gain highly secure access to applications and data hosted on Linux-based servers in a central data center. ...
Traditional on-premises data centers have long been the domain of modern data platforms like Apache Hadoop, meaning companies who build their business on public cloud were challenged to run Big Data processing and analytics at scale. But recent advancements in Hadoop performance, security, and most importantly cloud-native integrations, are giving organizations the ability to truly gain value from all their data. In his session at 19th Cloud Expo, David Tishgart, Director of Product Marketing ...
Data is the fuel that drives the machine learning algorithmic engines and ultimately provides the business value. In his session at Cloud Expo, Ed Featherston, a director and senior enterprise architect at Collaborative Consulting, will discuss the key considerations around quality, volume, timeliness, and pedigree that must be dealt with in order to properly fuel that engine.
There is growing need for data-driven applications and the need for digital platforms to build these apps. In his session at 19th Cloud Expo, Muddu Sudhakar, VP and GM of Security & IoT at Splunk, will cover different PaaS solutions and Big Data platforms that are available to build applications. In addition, AI and machine learning are creating new requirements that developers need in the building of next-gen apps. The next-generation digital platforms have some of the past platform needs a...
19th Cloud Expo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy. Meanwhile, 94% of enterpri...