On June 20, 2012, Chief ALJ Charles E. Bullock issued a notice regarding the Initial Determination on Violation (“ID”) in Certain Automated Media Library Devices (Inv. No. 337-TA-746).
By way of background, the Complainant in this matter is Overland Storage, Inc. and the Respondents are BDT AG, BDT-Solutions GmbH & Co. KG, BDT Products, Inc., BDT Automation Technology (Zhuhai FTZ) Co., Ltd., and BDT de México, S. de R.L. de C.V. (collectively, “BDT”).
According to the notice, ALJ Bullock determined that there is no violation of Section 337 by BDT in this investigation with respect to U.S. Patent Nos. 6,328,766 (the ‘766 patent), and 6,353,581 (the ‘581 patent). Specifically, ALJ Bullock determined that (i) certain claims of the ‘766 and ‘581 patents are not infringed by BDT; and (ii) a domestic industry in the United States exists that practices the ‘766 patent, but does not exist that practices the ‘581 patent.
The notice issued by ALJ Bullock released only the information noted above. We will provide additional information after the public version of the ID issues in its entirety.