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

The Goal of Coopetition Assumes You're Friends
it will never work with Microsoft
Seductive Mirage or Allure of Complex, Proprietary Coffee Machines (or Similar White Elephants)
Software is a lot like those things
Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
 
Links 10/08/2025: From Social Control Media to Prison, New Examples of Windows TCO
Links for the day
Sloppy Reporting About Slop, or How The Register MS Lowers Its Standards
Maybe the management isn't even aware of this
IBM's Strategy: Cull 'Expensive' Workers, Replace Them With Cheaper Ones
So far we saw not even one rebuttal or challenge to the claim of Red Hat layoffs scheduled for tomorrow
If You Attack Somebody Too Much You Legitimise and Strengthen That Somebody
at the end those attacks add up to a "martyr" status
The Man Who Helped Microsoft Kill Linux is Trying to Delay Our Lawsuits Against Him
By conservative estimates, and based on court documents submitted by them, they're prepared to spend over a million dollars on lawyers, fighting against me and my wife
Gemini Links 10/08/2025: Gen Con 2025 and Framework Laptop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 09, 2025
IRC logs for Saturday, August 09, 2025
The Register MS (Microsoft) or The Register AI (Slop)?
What a slopfest!
Is Red Hat About to Give the Boot to GNOME People Who Helped Microsoft 'Secure' (Monopolised) Boot?
It was always a dumb idea to play along with Microsoft's hardware mischief
Sales of Windows on PCs (Windows Licences) Go Down
Microsoft has a big problem in its hands
The Hype That Microsoft and The Register MS (Among Others) Promote Helps Stage DDoS Attacks on Free Software Sites
Microsoft is, to put it bluntly, pure evil
Links 09/08/2025: Putin Allegedly to Visit Alaska (Which He Deems Part of Russia), Mike Tyson Sued for Copyright Infringement
Links for the day
Slopwatch: Linux Journal, LinuxSecurity, and Google News With Its Slopfarms of Choice
SEO spam, made with LLMs
Follow the Money: The Register MS Gets Paid to Promote "Hey Hi" Ponzi Scheme/Hype, Some Fake 'Articles' Might Be Composed by LLMs Already
paid to promote slop
Gemini Links 09/08/2025: Rethinking Aliases and Posting on Gopher vs. the Web
Links for the day
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day
Slopwatch: LLM Sloppers in Google News, LinuxSecurity, and More
they also perpetuate some falsehoods as the LLMs lack any comprehension
Links 08/08/2025: China King of Plastics and US Dictator Plans to Meet Russian Dictator
Links for the day
Gemini Links 08/08/2025: Cracking a Family Member's Password and Overdose of Slop
Links for the day
Red Hat's Latest Talent Hunt, Day Ahead of Mass Layoffs, is Yet Another Microsoft Executive
Red Hat will apparently commence mass layoffs early this coming Monday
Links 08/08/2025: "Quit Facebook" and High Cost of Microsoft/Windows Shown Again ("BlackSuit")
Links for the day
Good Morning, Readers of The Register MS
Things The Register MS could (but does not) cover this morning
Why Gemini Protocol Has a Bright Future
Maybe Gemini Protocol's promise becomes more appealing as the Web turns to slop and bloat
It's a Lot Easier to Participate in the Unethical System Than to Oppose Injustices in It
Going after powerful and high-budget interests is never easy
Microsofters Filed Two SLAPPs Against Us, Now They Cannot Keep Up With Judges' Orders
For over 4 months already their facilitator in London has been under investigation by British authorities because of what's being done to my wife and I
Censorship Regarding Red Hat Layoffs
Talk about this? They'd rather not.
Struggling to Cut Costs, Microsoft Continues Shutting Down and Cancelling Stuff This Month
There are August layoffs at Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 07, 2025
IRC logs for Thursday, August 07, 2025
Fake 'Linux' Articles, Written by Bots to Take Traffic Away From Real Articles
LLM slop helps replace information with junk or misinformation
When Google's Googlebombing of "Gemini" Was Not Enough; They Now Also Googlebomb "Gemini Space"?
We know GAFAM not only worries about Gemini Protocol but also attempts to 'infiltrate' Geminispace
The Register MS Promotes Microsoft Slop, Assumes All Readers Use Microsoft Windows
Microsoft really dominates the site
Gemini Links 08/08/2025: KDE/Qt Development and What's Missing From "Retro"
Links for the day