Feeds

Overland Storage looses off fusillade of patent suits into tape crowds

Cartridge cases everywhere - it's spray-and-pray day

Internet Security Threat Report 2014

On-the-ropes tape, disk protection and NAS vendor Overland Storage is suing seven tape product vendors for patent busting, including SpectraLogic.

Overland Storage used to sell tape autoloaders and libraries to OEMs like HP a long time ago. But it lost that business, with autoloader-maker BDT capturing some of its clients. Overland has sued BDT for patent infringement and trade violation, also suing Dell and IBM – which have settled. But the case against BDT is ongoing, with Overland having lost its trade violation case against BDT in an initial determination by the US International Trade Commission.

However – crucially – the validity of two of its patents were upheld. Thus bolstered, Overland's lawyers, DLA Piper LP, have opened patent infringement cases against Quantum, Venture Corp, Spectra Logic, PivotStor, Qualstar and Tandberg Data GmBH and Tandberg Data Corp, saying they have infringed one or other or both of two patents. One – US number 6,328,766 – deals with partitioning a tape library, and the other, 6,353,581, covers the non-disruptive import and export of tape cartridges to a library.

CEO Eric Kelly said: "We are pleased that our patents have been validated by the ITC and believe these technologies have been instrumental in the demand for tape storage solutions."

The seven targeted vendors collectively have 40 per cent of a tape storage market estimated by IDC to be worth $12bn between 2005 and 2001. Overland wants royalty payments and the prevention of the defendants using its patented technologies in the USA.

Mmmm: 40 per cent of $12bn is $4.8bn, and a two per cent royalty creamed off that would be $96m. A five per cent royalty would be $240m.

This latest suit looks like a prepared strategy. Whether DLA Piper can make this stick is a good question. It has an extremely good reputation in patent litigation matters and there could be a rush to settle once each targeted company's legal department examines the claims and counts the cost of fighting Overland's case. ®

Top 5 reasons to deploy VMware with Tegile

More from The Register

next story
Docker's app containers are coming to Windows Server, says Microsoft
MS chases app deployment speeds already enjoyed by Linux devs
Intel, Cisco and co reveal PLANS to keep tabs on WORLD'S MACHINES
Connecting everything to everything... Er, good idea?
SDI wars: WTF is software defined infrastructure?
This time we play for ALL the marbles
'Urika': Cray unveils new 1,500-core big data crunching monster
6TB of DRAM, 38TB of SSD flash and 120TB of disk storage
Facebook slurps 'paste sites' for STOLEN passwords, sprinkles on hash and salt
Zuck's ad empire DOESN'T see details in plain text. Phew!
Windows 10: Forget Cloudobile, put Security and Privacy First
But - dammit - It would be insane to say 'don't collect, because NSA'
Oracle hires former SAP exec for cloudy push
'We know Larry said cloud was gibberish, and insane, and idiotic, but...'
prev story

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Win a year’s supply of chocolate
There is no techie angle to this competition so we're not going to pretend there is, but everyone loves chocolate so who cares.
Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Saudi Petroleum chooses Tegile storage solution
A storage solution that addresses company growth and performance for business-critical applications of caseware archive and search along with other key operational systems.