Finds in Favor of Arista on Two Features; Issues LEO and CDO with
Respect to Two Remaining Features
SANTA CLARA, Calif.--(BUSINESS WIRE)--
Arista Networks (NYSE:ANET) today announced that the International Trade
Commission (ITC) issued a final determination in ITC Investigation No.
337-TA-944 brought by Cisco Systems against Arista relating to Arista’s
Ethernet switch products.
The ITC concluded that Arista does not violate section 337 with respect
to two of the five patents under investigation (U.S. Patent Nos.
7,290,164 and 7,340,597), finding that two accused Arista features do
not infringe the asserted claims.
The ITC did, however, issue a limited exclusion order and cease and
desist order for three patents (U.S. Patent Nos. 7,162,537, 7,200,145
and 7,741,592) asserted against two features. Cisco Systems had
previously dropped one patent (U.S. Patent No. 8,356,296).
“Arista respects the Commission’s decision and intends to fully comply
with the orders,” said Marc Taxay, Senior Vice President, General
Counsel for Arista.
Arista previously announced that it has released a new version of its
EOS software containing design-arounds that it believes address the
ITC’s findings with respect to the features implicated in the Final
Determination. Arista intends to seek appropriate regulatory approvals
for these design-arounds.
“Despite Cisco’s rhetoric claiming that the lawsuits are a defensive
move to protect its intellectual property, these actions are clearly
part of a broader effort to use litigation to preserve Cisco’s market
position,” added Mr. Taxay. “If allowed to succeed, Cisco’s scheme would
have a chilling effect on innovation. While we will defend our rights in
these actions, our primary focus remains on the continued supply of
products to our customers.”
The next step is for the U.S. Trade Representative to review the matter
and decide whether to disapprove the limited exclusion order and cease
and desist order. The U.S. Patent and Trademark Appeal Board (PTAB) has
also recently instituted an Inter Partes Review of certain claims of
U.S. Patent Nos. 7,162,537 to determine their validity.
About Arista Networks
Arista Networks was founded to pioneer and deliver software-driven cloud
networking solutions for large data center storage and computing
environments. Arista's award-winning platforms, ranging in Ethernet
speeds from 10 to 100 gigabits per second, redefine scalability, agility
and resilience. Arista has shipped more than five million cloud
networking ports worldwide with CloudVision and EOS, an advanced network
operating system. Committed to open standards, Arista is a founding
member of the 25/50GbE consortium. Arista Networks products are
available worldwide directly and through partners.
Forward Looking Statements
This press release contains forward looking statements including, but
not limited to, statements regarding the effectiveness of alternative
product implementations to address the alleged infringement of certain
Cisco patents as well as our ability to continue to provide products to
our customers. All statements other than statements of historical fact
are statements that could be deemed forward looking statements. Forward
looking statements are subject to risks and uncertainties that could
cause actual performance or results to differ materially from those
expressed in the forward looking statements including: the ability of
Arista to import products or related components, the ability of Arista
to develop alternative design implementations that are determined to be
non-infringing the asserted patents, if contested in the ITC or U.S.
Customs, and the ability to obtain favorable determinations by the ITC
or U.S. Customs that such alternative product implementations are not
covered by the ITC remedial orders, as well as other risks stated in our
filings with the SEC available on Arista's website at www.arista.com
and the SEC's website at www.sec.gov.
Arista disclaims any obligation to publicly update or revise any forward
looking statement to reflect events that occur or circumstances that
exist after the date on which they were made.
View source version on businesswire.com: http://www.businesswire.com/news/home/20160623006370/en/
Source: Arista Networks