Feeds

Overland sues BDT for patent infringement

No win, no fee law firm deal

HP ProLiant Gen8: Integrated lifecycle automation

Struggling tape and disk array data protection vendor Overland Storage is suing BDT, a Germany-based tape automation supplier for using its patented technology unlawfully.

There are two patents involved: one dealing with media elements in an automated media library; and the other with insertion or removal of tape cartridges through a slot without interrupting library operations.

BDT supplies its products on an OEM basis. Its FlexStor II tape autoloader product line is singled out as using the patent technology at issue.

The suit has been filed in southern California and identifies two BDT companies in Germany and BDT Products inc. based in Irvine, California. Overland wants fair royalties for systems shipped and cessation of the use by BDT of its patented IP in the USA.

Eric Kelly, Overland's President and CEO, said: "We owe it to our shareholders and our customers to protect the technology investments we have made throughout the years."

The company is using DLA Piper LLP, a law firm with offices in Palo Alto and San Diego, in what looks like a "no win, no fee" arrangement. Kelly said: "Of significant interest to our shareholders, the arrangement with DLA Piper ensures that this legal action will not involve any cash outlay for Overland Storage, and therefore maximises the return to our company and its investors."

DLA Piper has represented Sun Microsystems, in its dispute with NetApp over ZFS, and also Samsung, Rambus and Motorola. It describes itself as a second tier law firm in hi-tech electronics and IT patent litigation.

We know Overland has to husband every dollar it can as it struggles to recover from severely depressed results, but a "no win, no fee" arrangement in patent infringement law suits in the storage industry seems a trifle surprising. ®

Reducing security risks from open source software

More from The Register

next story
Sysadmin Day 2014: Quick, there's still time to get the beers in
He walked over the broken glass, killed the thugs... and er... reconnected the cables*
Amazon Reveals One Weird Trick: A Loss On Almost $20bn In Sales
Investors really hate it: Share price plunge as growth SLOWS in key AWS division
US judge: YES, cops or feds so can slurp an ENTIRE Gmail account
Crooks don't have folders labelled 'drug records', opines NY beak
Auntie remains MYSTIFIED by that weekend BBC iPlayer and website outage
Still doing 'forensics' on the caching layer – Beeb digi wonk
SHOCK and AWS: The fall of Amazon's deflationary cloud
Just as Jeff Bezos did to books and CDs, Amazon's rivals are now doing to it
BlackBerry: Toss the server, mate... BES is in the CLOUD now
BlackBerry Enterprise Services takes aim at SMEs - but there's a catch
The triumph of VVOL: Everyone's jumping into bed with VMware
'Bandwagon'? Yes, we're on it and so what, say big dogs
Carbon tax repeal won't see data centre operators cut prices
Rackspace says electricity isn't a major cost, Equinix promises 'no levy'
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.