ITC Institutes Patent Investigation of Media Libraries Against Dell, Etc.
The International Trade Commission has instituted a section 337 patent-based investigation of certain automated media library devices pursuant to a complaint.
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(The products at issue in this investigation are automated media storage systems used primarily for electronic data backup.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Overland Storage, Inc., of San Diego, CA, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain automated media library devices that infringe patents asserted by Overland.
The complainant requests that the ITC issue an exclusion order and a cease and desist order.
Companies Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337 in this investigation:
- BDT AG of Germany;
- BDT-Solutions GmbH & Co. KG of Germany;
- BDT Automation Technology (Zhuhai FTZ) Co., Ltd., of China;
- BDT de Mexico, S. de R.L. de C.V. of Mexico;
- BDT Products, Inc., of Irvine, CA;
- Dell Inc. of Round Rock, TX; and
- International Business Machines Corp. of Armonk, NY
ALJ to Determine if Violation Occurred
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
(Press release dated 11/18/10, Inv. No. 337-TA-746)