Detailed but accessible legal review of Cisco vs Arista case. Dated July 2016 so it doesn’t cover the latest developments but provides a lot of insight into the legal.
My current view on this issue:
- Cisco is validating Arista as a serious, viable competitor. On balance, Arista gets more out of this than Cisco does and doing a nice job of being the under dog.
- Rumours suggest that its personal matter to attack Arsita for some executives and not a business matter.
- Customers perceive Cisco as wasting time and energy on legal matters instead of innovating new products or improving product quality.
- Customers money is being wasted on lawyers instead of solutions.
In December 2015, Cisco Systems, Inc. (Cisco) filed a complaint alleging that certain network devices (switches) imported by Arista Networks, Inc. (Arista) infringed several Cisco patents directed to computer networks. Arista raised several equitable defenses based, in part, on allegations that Cisco submitted a request for comments document RFC 5517 to IETF and promoted RFC 5517 to the public generally as an “informal standard” for private virtual local area networks (PVLANs) for which Cisco would not assert its patents or would license on fair, reasonable and non-discriminatory (FRAND) terms based on Cisco’s IPR disclosures to IETF. Judge Shaw’s Initial Determination (PUBLIC) rejected this “de facto standard” defense, which was raised based on equitable theories of equitable estoppel, implied license, waiver, patent misuse and laches.
Related: Cisco won the latest round when customs ruled against Arista importing some products into the United States. It may be that Cisco wins in Customs but loses in ITC untl the patent case is heard in the years ahead.
Link: Protecting Innovation: CBP Revokes Approval of Arista Redesign – http://blogs.cisco.com/news/protecting-innovation-cbp-revokes-approval-of-arista-redesign