By Eric Schweibenz
On March 26, 2013, Chief ALJ Charles E. Bullock issued the remand initial determination on violation of Section 337 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 remaining 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.  Asserted U.S. Patent Nos. 6,328,766 (the ‘766 patent) and 6,353,581 (the ‘581 patent) are directed to automated media library devices, also known as tape libraries.  In his June 20, 2012 Initial Determination, ALJ Bullock determined that (1) the ‘766 and ‘581 patents are not infringed by BDT; (2) the patents are not invalid except for claim 15 of the ‘581 patent; and (3) a domestic industry in the United States exists for the ‘766 patent, but not for the ‘581 patent.  See our July 27, 2012 post for more details.  On October 25, 2012, the International Trade Commission (“Commission”) issued a notice and order remanding the investigation.  See our our October 31, 2012 and November 28, 2012 posts for more information on the Commission’s decision to review and remand the investigation.

According to the March 26, 2013 notice, ALJ Bullock found that there is no violation of Section 337 with respect to claims 10, 12, and 16 of the ‘581 patent.  ALJ Bullock further determined that there is no violation of Section 337 with respect to claims 1, 2, 3, and 7-9 of the ‘766 patent as these claims were found to be invalid as anticipated.  ALJ Bullock also determined that the economic prong of the domestic industry requirement has been satisfied for the ‘581 patent. 

The notice issued by ALJ Bullock released only the information noted above.  We will provide additional information once the public version of the RID issues in its entirety.