patent-istock-579425600-duncan-andison
20 July 2018

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The patents are US numbers 7,162,537; 8,356,296 (which was later withdrawn from the investigation); 7,290,164; 7,340,597; 6,741,592; and 7,200,145.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.

Did you enjoy reading this story?  Sign up to our free daily newsletters and get stories like this sent straight to your inbox.

Today's top stories

Philips secures second SEP victory against HTC

Kardashian perfume stinks of TM infringement, says marketing company

UK pubs fined for illegally broadcasting Sky Sports

Already registered?

Login to your account

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk


More on this story

Patents
2 May 2017   Motor companies BMW, Toyota and Honda are among those named in a section 337 investigation by the US International Trade Commission.
Patents
27 June 2018   The US International Trade Commission has launched an investigation into earpiece devices after receiving a patent infringement complaint from audio equipment company Bose.