I blogged in an earlier posting about steps we are taking against Arista’s widespread and intentional use of Cisco’s cutting-edge and differentiating technology in their products. I want to provide an update about steps we’ve taken, as promised when we filed the initial action, to expedite what can be a long drawn out process.
Today, we have formally asked the US International Trade Commission for an injunction (in ITC parlance, an “exclusion order”) blocking Arista from importing and selling products that use Cisco’s patented technologies in the United States. The ITC is an independent agency with broad investigative responsibilities to protect innovators against importation of infringing products. As is typically the case with ITC actions, a consultative process with the ITC preceded these filings, a process we initiated when we filed our legal actions two weeks ago. Our ITC actions cover the same twelve patents we asserted in one of our district court cases. Our ITC actions are consistent with our commitment to do everything possible to expedite review of Arista’s illicit copying. The ITC generally acts more quickly than typically occurs in district court cases, which will help us in our efforts to obtain orders to stop Arista’s unlawful actions as quickly as possible.
One important point in both of these actions (the District Court filing, and now the ITC): our suit is only against Arista and not against any customer. Any suggestion that we will put our customers in the middle of this is not true. Arista’s customers are the victims of Arista’s infringement and copying.
We have no interest in making this a long, drawn out affair. We will move expeditiously to vindicate the principle that to succeed in technology, you need to innovate, not copy. That is why we filed our actions today in the ITC.