Innovation Moves Quickly; Arista Should Not Delay ITC Case

We previously committed to providing important updates on our legal action over Arista’s pervasive copying and misappropriation of Cisco intellectual property. Today, an International Trade Commission (ITC) Administrative Law Judge issued an order rejecting Arista’s request to consolidate Cisco’s two ITC complaints.

Arista’s request had itself included an acknowledgement that consolidation could cause a six month delay in the proceedings. We felt this ran counter to the language of the Commission’s own Rule 201.7(a) permitting consolidation “in order to expedite.”

We are pleased that the Administrative Law Judge promptly rejected this request, and with it the argument that Cisco was somehow looking to “game the system.” Our filing of separate complaints was consistent with ITC practices, and focused squarely on delivering a speedy and lowest cost resolution for all involved.

As highlighted in the January 22 update to our blog (Protecting Innovation: International Trade Commission Commences Investigation), Arista’s initial legal arguments had focused on attempting to avoid enforcement of Cisco’s rights by utilizing the “public interest” exemption, an approach the Commission chose not to refer for action. This latest decision is a rejection of Arista’s legal maneuvering to delay the outcome. With the discovery process now underway, we are looking forward to Arista addressing the complaints directly.

We now believe that Arista intends to file a motion seeking a delayed 22 month target date in one of the ITC cases. We hope that in light of today’s ruling, they will reconsider this motion so we can focus on the prompt resolution of the case.

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