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

Bruce Perens & Debian public domain trademark promise
Reprinted with permission from disguised.work
Links 28/04/2024: Shareholders Worry "AI" Hype Brings No Income, Money Down the Drain
Links for the day
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024
Links 27/04/2024: Spying Under Fire, Intel in Trouble Again
Links for the day
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day