Bonum Certa Men Certa

Arista Shows How ITC Injustice (Embargo Before Facts Are Even Known) Harms Smaller Businesses, Helps Monopolists

Fiasco Cisco



Summary: Arista Networks Inc. (Arista) has just given up, but only after years of legal bullying from Cisco, which imposed embargoes using questionable patents that should never have been granted by the USPTO

Cisco's history as somewhat of a patent parasite is well documented here. Cisco fired its lawyer who had combated patent trolls (after unmasking by a monster, Ray Niro).



Sadly, patent bullying by Cisco pays off as Arista basically surrenders. It's not a new fight; in fact, we wrote about it recently as it was causing financial trouble and technical problems. The Patent Trial and Appeal Board's (PTAB) inter partes review (IPR) led to invalidation of a key USPTO-granted patent (demonstrating the dangers of low-quality patent assessment), but the ITC simply ignored that ruling. Amazing! And then the stock/share price crashed (see yesterday's article "Arista Networks: Waiting For A Breakout").

"Sadly, patent bullying by Cisco pays off as Arista basically surrenders."So after all this injustice Arista decided to just shell out a lot of money. As the Wall Street Journal put it, "Arista Networks Inc. agreed to pay Cisco Systems Inc. $400 million as part of a settlement that resolves much of the litigation between them."

There has been lots of press coverage since, e.g. [1, 2, 3, 4, 5, 6].

"Patent maximalism is a disease and its main contribution is contribution to monopolisation, or protectionism of the giants."This isn't justice; this isn't even peace or truce but a surrender. To make matters worse, no potent defense exists against such abuse (legal bullying), not even aggregators which in practice perpetuate the injustice rather than properly tacklem it; Just promoted in a press release [1, 2] titled "Peer Mountain Joins The Google-founded LOT Network":

Peer Mountain joins the LOT Network as its 259th member. The License On Transfer (LOT) Network is a non-profit community of companies providing the protection from patent assertion entities (PAE's), commonly known as patent trolls. Companies that join the LOT Network, pledge to give all other members an automatic free license to any of their patents that is acquired by a patent assertion entity.


Like what? Cisco? They speak of "patent trolls", but what exactly can they do with a pile of patents against classic patent trolls? Nothing. And what is LOT Network anyway? Almost a cartel.

But our principal complaint is that in Cisco v Arista what we continually saw was systematic injustice in the form of sanctions -- something which the EPO hoped to imitate in UPC (before its demise). Patent maximalism is a disease and its main contribution is contribution to monopolisation, or protectionism of the giants. Cisco claims that it supports PTAB, but it certainly didn't seem to mind when PTAB met defiance from the ITC.

Recent Techrights' Posts

Revisiting Julian Assange's Excellent Talk, His First Talk Since 2019 (Tactful and Almost Invulnerable to 'Cheap Shots')
Assange need not be politically-correct or self-censor
Mozilla is GAFAM, HTTPS is Monopolies
Firefox used to boast that it would make the Web more accessible. Today's Mozilla is rowing in the opposite direction.
 
Resting Time
we deserve a short break - even if only for tomorrow
Wikileaks Revelations About the History of IBM and Its Role in the Cold War
IBM is still an ICBM company (to this very date)
Windows Kills More Than Most Wars (But the Media Casually Ignores the Death Toll of Microsoft)
The bottom line is, many people are dying, they die due to Microsoft, and the media fails us by not informing us and failing to even name the principal culprit
Gemini Links 03/10/2024: RetroChallenge and Change of Online Habits
Links for the day
Links 03/10/2024: Quantum Computer Vapourware (as Usual) and Samsung Layoffs
Links for the day
Links 03/10/2024: "Hey Hi" Scandals and Copyright/Trademark Disputes
Links for the day
Invidious Seems to be Nearing 'End of Life' After Repeated Crackdowns by Google/Alphabet/YouTube
To Free software users, YouTube ought to become a "no-no"
Links 03/10/2024: Climate Issues and Tensions in East Asia
Links for the day
Like a Marketing Department of Microsoft, Canonical Sells Back Doors and Surveillance as "Confidential" and "Hey Hi" (AI)
Notice how Canonical has made no statement critical of Microsoft for years
Gemini Links 03/10/2024: Frozen Tofu and SGI O2
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 02, 2024
IRC logs for Wednesday, October 02, 2024
Links 02/10/2024: Microsoft Spying on Windows Users Grows, Microsoft's Surveillance Arm LinkedIn Used to Highlight Employment Crisis
Links for the day
Links 02/10/2024: Students Who Can’t Read Books and Dead Butt Syndrome
Links for the day
Gemini Links 02/10/2024: GNU/Linux Distros, Flat-File Databases, and How the Web ate Gopher
Links for the day
Technology: rights or responsibilities? - Part II
By Dr. Andy Farnell
A Cost-Free Bribe From Microsoft
Daniel Stenberg is not dumb, but he seems rather gullible or unprincipled
Plans for the Site's 19th Year
Like TechDirt, we expect to devote more efforts/time to covering free speech online
Network Getting Faster
Loading up the site in 0.077 seconds
The Manchester Experience
Yesterday Tux Machines served 436,897 Web hits
If Red Hat Has Mass Layoffs This Year, Nobody Will Tell You About It
We seem to have entered a strange quasi-cosmic era wherein layoffs aren't disclosed anymore and news sites don't bother to report them, either
IBM, Kyndryl, Subsidiaries (Like Red Hat) and Silent Layoffs
Kyndryl follows in IBM's footsteps with rolling layoffs likely affecting thousands
Anniversaries and New Beginnings
The world needs more transparency and far less secrecy
Links 02/10/2024: Microsoft Kills Off HoloLens, Media Discusses Assange Speech
Links for the day
Gemini Links 02/10/2024: New Car, Broadband, and Gemtexter 3.0.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 01, 2024
IRC logs for Tuesday, October 01, 2024
[Meme] October 1st: The Day Julian Assange 'Officially Came Back'
Assange: See you in Strasbourg in 5 years
Full Transcript of Julian Assange's Speech in Strasbourg
the full thing
The Full Talk by Julian Assange Including Questions and Answers Discussed Further (October 1st 2024, Council of Europe Committee Legal Affairs)
Wikileaks covered this talk in "tweets"
Julian Assange's First Publicly Delivered Talk Since 2019
Julian Assange's talk in France
Links 01/10/2024: Another Escalation in the Middle East, Software Patents Being Squashed
Links for the day
Microsoft's Collapse is Continuing
Microsoft is discontinuing its HoloLens headsets
Links 01/10/2024: Gavin Newsom's Tech Safety Legislation, YouTube Sued for Health Harms
Links for the day
Gemini Links 01/10/2024: ROOPHLOCH and Photos
Links for the day
Julian Assange Talk: Watch Live
2 hours from now
"IBM executives did not decide to buy Red Hat on their own, nor will they decide to sell Red Hat on their own should that time ever arise"
Since IBM bought Red Hat it merely made its products more proprietary
GNU/Linux and Android Rose to New Highs in September
StatCounter isn't the ground truth, but there's not much else in the public domain.
Links 01/10/2024: Climate Stories, Climate Change, and War in Lebanon
Links for the day
Gemini Links 01/10/2024: Separation, Validation, and Flatfile Databases
Links for the day
Blind Worship of Technology is a Misguided Fool's Errand
Andy Farnell of the Cybershow used the metaphor of "golden calf" last week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 30, 2024
IRC logs for Monday, September 30, 2024