USITC to review ALJ decision in Cisco v Arista
The US International Trade Commission (ITC) said yesterday it will review an administrative law judge’s (ALJ) determination regarding a patent infringement claim Cisco Systems brought against computer networking company Arista Networks.
The ITC said it will review the final remand enforcement initial determination (REID) that the ALJ issued in June, when it found that Arista did not violate a cease and desist order regarding one of the patents.
In January 2015, the ITC launched an investigation into Arista based on a complaint from Cisco.
Cisco alleged that Arista had violated section 337 of the Tariff Act of 1930 by importing certain network devices, related software and components that infringed six patents relating to software.
The patents are US numbers 7,162,537; 8,356,296 (which was later withdrawn from the investigation); 7,290,164; 7,340,597; 6,741,592; and 7,200,145.
In June 2016, the ITC found that the ‘537, ‘592 and ‘145 patents violated section 337. As a result, the commission issued a cease and desist order and a limited exclusion order against Arista.
Despite this, Cisco then filed an enforcement complaint alleging that Arista had violated the order by once again infringing the ‘537 patent.
However, in June 2017, the ALJ found that Arista did not violate the order.
In the same year, the ITC determined to review the ALJ’s enforcement initial determination, and remanded certain issues in the investigation to the ALJ. The ALJ then issued his REID investigation.
The ALJ’s investigation determined again that Arista did not violate the cease and desist order. Both parties filed petitions for review of the REID and filed responses to the other side’s petitions.
Yesterday, the ITC said that it will review the REID in its entirety.
The commission is also seeking responses to several questions related to the case.
The parties have until July 27 to file their submissions. They will then have until August 3 to respond to the other party’s filings.
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