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Arista Wins Copyright and Patent Battle with Cisco

arista-wins-copyright-and-patent-battle-with-cisco

Recently, Arista Networks won a major ruling in the long-running patent and copyright clash with Cisco. A jury in San Jose, California federal court found that Arista owed no damages over Cisco’s claims of patent infringement. Additionally, the jurors also found that Arista did not infringe Cisco’s patent as well.

Initially, in 2014 Cisco sued Arista for infringing its copyright and patent which included Cisco Internetwork Operating System (IOS) 11.0, Cisco IOS 11.1 and Cisco IOS 11.2. Further, Cisco named one patent in the suit, US number 7,047,526, titled “Generic command interface for multiple executable routines”.

Cisco was roughly seeking $335 million for all the statutory damages and a trial by jury.

Cisco said that “rather than invest in the expensive and time-consuming effort that would have been necessary to develop its own features for Arista’s products, and specifically instead of investing the time and expense of developing its own CLI, Arista decided to simply copy Cisco’s unique approach and pioneering proprietary technologies”.

The command line interface (CLI) was the main part of the software in question and Cisco argued that Arista had illegally copied it. However, Arista claimed that the CLI is used by many rival companies and that Cisco’s attack was due to personal enmity.

On December 14th the jury absolved Arista of infringing any of Cisco’s copyrighted technical manuals. They also said that Arista did not induce infringement of two claims of the ‘526 patent. It also said that Arista was protected by “scenes a fair” doctrine, a legal principle in the copyright law that states, if there is no other way to make a product, the value of it cannot be credited to the creator of work. Arista stated, “the outcome represents an important victory not only for Arista but for the entire industry.”

 “Our goal has always been to protect technological innovation, and stop Arista from using our copyrighted and patented technology. We will look to Judge Freeman to determine whether there was sufficient evidence to warrant the conclusion reached by the jury, as well as other grounds for setting aside the trial result.” said Mark Chandler SVP, General Counsel and Secretary of Cisco.  

Case details

Type Names
Case Number 5:14-cv-05344
Court California Northern District Court
Filed date 12-05-2014
Judge Beth Labson Freeman
Plaintiff Cisco Systems, Inc.
Plaintiff Attorney John M. Desmarais
Plaintiff Law Firm Desmarais LLP
Defendant Arista Networks INC.
Defendant Attorney Ajay Krishnan
Defendant Law Firm Keker & Van Nest LLP
Product Arista 7010 7048 7050 7050X 7100 7150 7200 7250X and others (Networking products)
Patent US7047526|US7953886
Basis of Termination Judgment on the merits
Outcome of District court judgment Defendant

For more details on this case, click here.


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Network-1 Announces Settlement of Patent Litigation With Polycom, Inc.

network-1-announces-settlement-of-patent-litigation-with-polycom-inc

Network-1 Technologies, Inc. agreed to resolve its patent litigation case against Polycom, Inc, pending in the United States District Court of EDTX, for infringement of Network-1’s Remote Power Patent (U.S. Patent No. 6218930, the ‘930 patent). Polycom was one amongst the sixteen defendants named in the litigation.

A mutual settlement was reached by both the companies to resolve this litigation. Under the settlement terms, Polycom agreed to license the ‘930 patent until March 2020 and pay a fee of $5 million for past sales on its Power over Ethernet (POE) products. Additionally, it will continue to pay royalties on the products until the patent term expires. The royalty payments also include POE products that comply with the Institute of Electrical and Electronic Engineers (IEEE) standards.

In September 2011, Network-1, filed a patent litigation against sixteen data networking equipment producers for violating its ‘930 patent. Previously Network-1 reached a settlement agreement with 11 defendants. The remaining four defendants in the lawsuit were Avaya Inc., AXIS Communications Inc., Hewlett-Packard Company, and Juniper Networks, Inc. Network-1 had decided to claim reasonable monetary damages including royalties from them.

At present, Network-1 has twenty-five license agreements in regard to the ‘930 patent which also includes added license agreements with Cisco Systems, Inc., Extreme Networks, Inc., Netgear Inc. and many other data networking sellers.