Bonum Certa Men Certa

Cisco v Arista Networks is a Stain on the Reputation of the US International Trade Commission (ITC) and It's Beginning to Recognise This

Administrative Law Judge Photos
Reference: Administrative Law Judge Photos



Summary: Cisco is leveraging software patents which PTAB deemed to be invalid against a much smaller firm (revenue ~30 times smaller [1, 2]), demanding an embargo and bypassing the ordinary routes of justice by turning to the ITC

Sometimes companies want to bypass the ordinary courts (District Courts, Federal Circuit, SCOTUS) to just quickly issue an injunction, i.e. embargo, raids, prevention of import/sales and so on. It's the kind of thing that the EPO is pursuing with its shameless UPC lobbying. The assumption that any patent granted by the USPTO is OK or should be presumed valid is a dangerous one and proper justice (due process, plus appeal/s, innocence until proof of guilt) isn't assured anymore. It's a leap towards extreme action. It's not really patent justice but patent prejudice and maximalism. It's like copyright takedowns (as per DMCA) where the accused gets censored without even a right/access to defense. Ripe for abuse? By design?



"It's not really patent justice but patent prejudice and maximalism. It's like copyright takedowns (as per DMCA) where the accused gets censored without even a right/access to defense."Arista Networks uses inter partes reviews (IPRs) for the Patent Trial and Appeal Board (PTAB) to scrutinise the patents at hand; Arista Networks won the case/appeal, but the ITC then shockingly enough snubbed the ruling, having never previously ignored such rulings! There was a lot of commotion about this at the time (especially last year) and now we learn, courtesy of World Intellectual Property Review (WIPR), that the ITC will review the administrative law judge’s (ALJ) decision. To quote:

The US International Trade Commission (ITC) said yesterday it will review an administrative law judge’s (ALJ) determination regarding a patent infringement claim Cisco Systems brought against computer networking company Arista Networks.

The ITC said it will review the final remand enforcement initial determination (REID) that the ALJ issued in June, when it found that Arista did not violate a cease and desist order regarding one of the patents.

In January 2015, the ITC launched an investigation into Arista based on a complaint from Cisco.

Cisco alleged that Arista had violated section 337 of the Tariff Act of 1930 by importing certain network devices, related software and components that infringed six patents relating to software.

[...]

The ALJ’s investigation determined again that Arista did not violate the cease and desist order. Both parties filed petitions for review of the REID and filed responses to the other side’s petitions.


ITC staff must understand that the reputation of its judgments is on the line. It's not only us who bring up these issues; sadly, however, the media is dominated by law firms (at least for this particular topic), so the voice of technologists is rarely heard. Many are unaware of the dispute or cannot follow the news, owing partly to legalese.

"Whose interest would be served by embargoes? Not the public's, that's for sure... Arista's engineers have already been compelled to make their products intentionally worse."Judges must take into account not the interests of law firms that profit from litigation/feuds but technologists who profit from actual innovation. Whose interest would be served by embargoes? Not the public's, that's for sure... Arista's engineers have already been compelled to make their products intentionally worse. This is never a positive thing; in fact, Cisco's legal actions have already put many companies like Arista at existential risk.

Recent Techrights' Posts

Politicians Ought to Invite Dr. Richard Stallman and Prof. Eben Moglen to Speak About Policies, Licensing, Digital Sovereignty
Is there something in Europe other than RMS' talk this coming Monday (that we're not yet aware of)?
Good Explanation of Why IBM Has Chosen to Conceal Mass Layoffs (of 'Expensive' Staff) as "R.T.O." (Even For People Who Never Worked at the Office to Which They're Ordered to "Return")
Many remaining IBM (or Red Hat) workers in Europe are in "cheaper" places such as Brno
Microsoft's Serial Strangler and Matthew J. Garrett Join Forces in Trying to Gag Techrights (for Exposing Microsoft Corruption and Crimes Against Women)
Whose terrible idea was it?
Free University of Bozen-Bolzano Proud to Host Free Software Talk by Richard Stallman
ahead of Monday's talk
Slopwatch: Anti-Linux Machine-Generated FUD (LLM Slop) From GBHackers, CybersecurityNews, and Guardian Digital, Inc (Google News Promotes Slop Plagiarism, Misinformation)
Companies that lie try to drown out the signal with falsehoods
 
Links 22/02/2025: OpenAI Plans to Possibly Abandon Microsoft, Facebook Doubles Execs' Bonuses While Sacking Thousands
Links for the day
Gemini Links 22/02/2025: Weekend Chill and Programming Thoughts
Links for the day
Links 22/02/2025: Labour Department Investigates Microsoft Infosys Amid Mass Layoffs, Large Law Firms Caught Red Handed With LLM Slop (Defrauding Clients and Courts)
Links for the day
Gemini Links 22/02/2025: Analog Stuff, Sigil, and SSGs
Links for the day
Microsoft's Market Share in Cameroon Falls to New Lows
This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 21, 2025
IRC logs for Friday, February 21, 2025
The Streisand Effect is Real
So don't be evil. Also, don't strangle women.
Links 21/02/2025: Linux Foundation Openwashing, Microsoft Copilot Goes Down
Links for the day
Links 21/02/2025: Doomscrolling and European Ham Radio Show
Links for the day
Links 21/02/2025: TikTok Layoffs, WebOS Software Patents in Bad Hands
Links for the day
Gemini Links 21/02/2025: Web Browsers, Mechanical Shortcuts, and Internet Hygiene
Links for the day
Richard Stallman 'Only' Founded the FSF
there's no reason to be upset at the FSF for keeping their founder in the Board
Techrights Disconnected From the United States Two Years Ago
Did people really need to wait for the US government to become this hostile towards the media before recognising the threat?
Before Trying Censorship by Extortion the Serial Strangler From Microsoft Literally Begged Us to Delete Pages
This is very clearly just a broad campaign of intimidation
Hype Watch: Weeks After Microsoft Disappointed Investors With "Hey Hi" It's Trying Some "Quantum" Hype (Adding Impractical Vapourware to Accompany This Hype and Even LLM Slop in 'News' Clothing)
Remember "metaverse"? What happened to media hype about "blockchain" and "IoT"?
Report About February Mass Layoffs at Microsoft (Third Wave of Microsoft Layoffs in 2025) Comes Back From the Dead
Yesterday we wrote about an article in CRN (reporting Microsoft layoffs) being removed without any reasons specified
Links 21/02/2025: Myanmar Scam Centre and Disruptions at USPTO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 20, 2025
IRC logs for Thursday, February 20, 2025
gbhackers.com is Not Hackers, It's LLM Slop Outputs (Fake 'Articles') That Attack 'True Hackers'
A site called linuxsecurity.com keeps doing this and now we see the slopfarm gbhackers.com doing the same
Gemini Links 20/02/2025: Law of Warming and Cooling, Health, and Devlog
Links for the day
linuxsecurity.com Continues to Spread Lies or Machine-Generated FUD (Microsoft LLMs Likely the Source) About OpenSSH and Linux
this LLM problem is global
Links 20/02/2025: Microsoft Infosys Layoffs and IRS Layoffs (Good News for Rich Tax Evaders)
Links for the day
IBM Layoffs in Europe Already Happening or Underway (UK and Spain). They Try Not to Call These "Layoffs".
"CIO" in particular was repeatedly mentioned lately, as was Consulting
People Who Came From Microsoft Demanding Removal of Articles About Them, About Microsoft, and About Microsoft GitHub is "Generous" (According to Them)
Imagine choosing a law firm that borrows money in the same year just to avoid overdraft in the bank!
Possibly a Third Round of Mass Layoffs at Microsoft in 2025 ("Cloud Solution Architects, Customer Roles"), Report Removed or Censored
This is literally the top story for "microsoft layoffs" right now
Instead of 'DoS Protection' Cloudflare is Allegedly Conducting 'DoS Attacks' on Users of Browsers Other Than Firefox and GAFAM's DRM Sandboxes (Chrome, Safari and Others)
If you value the Web, you will avoid Cloudflare
Mixing Real With Fake in One 'Article' (by "Director of Content, Help Net Security")
From what we can gather, he got machines to generate some slop for him
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 19, 2025
IRC logs for Wednesday, February 19, 2025