November 18, 2010
News Release 10-128
Inv. No. 337-TA-746
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN AUTOMATED MEDIA LIBRARY DEVICES
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain automated media library devices. The products at issue in this investigation are automated media storage systems used primarily for electronic data backup.
The investigation is based on a complaint filed by Overland Storage, Inc., of San Diego, CA, on October 19, 2010. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain automated media library devices that infringe patents asserted by Overland. The complainant requests that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents 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.
By instituting this investigation (337-TA-746), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC 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.