& cplSiteName &

Arista Wins Big in Ongoing Cisco Court Battle

Mitch Wagner
12/14/2016
50%
50%

Arista scored a significant victory in its ongoing, sprawling court battle against Cisco on Wednesday, as a jury in a federal court in San Jose said Arista owes no damages over Cisco's claims of copyright infringement of its user interfaces.

The jury found Arista Networks Inc. infringes on Cisco Systems Inc. (Nasdaq: CSCO)'s user interface, but it ruled against Cisco on "the narrow legal issue of 'scènes à faire,' " Cisco said in a statement.

Scènes à faire is a principle of copyright law that protects creators in "situations in which there is essentially no other way to express a particular idea except by using certain elements," according to intellectual property attorney Ivan Hoffman. He cites the example of a photographer who claimed two other photographers infringed his copyright on photos of a vodka bottle; the court basically ruled there aren't a lot of ways to photograph a vodka bottle. Wikipedia cites another example: "...a motion picture about the South Bronx would need to feature drunks, prostitutes, vermin, and derelict cars to be perceived as realistic..." (I'm sure the New York Chamber of Commerce loved that.)

Another example: Computer programmers often list variables at the beginning of the source code of a program, and some programming languages also require declaring the type of variable.

Cisco says, "We are reviewing the details of the ruling and determining Cisco's options for post-trial motions and appeal given the clear testimony that other suppliers use very different commands."

Cisco initially filed its patent and copyright lawsuit against Arista in December 2014. (See Cisco Slams Arista With Massive Patent & Copyright Suit.)


Find out more about key developments related to the systems and technologies deployed in data centers on Light Reading's Data Center Infrastructure Channel
.


In separate but related decisions, the International Trade Commission ruled against Arista regarding three Cisco patents, and a judge at the ITC made a finding of infringement against Arista on Friday on two additional patents, Cisco notes.

Arista has been blocked from importing equipment as a result of the ITC decision, but it says it has implemented "design-arounds" to ensure compliance, and is ramping up US production. (See Arista Banned From Importing Products – Cisco and Arista Ready With 'Design-Arounds' Following Import Ban Recommendation.)

In a statement, Arista thanked the jury and judge for its work. "Today's verdict represents an important victory not only for Arista but for the entire industry," Marc Taxay, senior vice president and general counsel of Arista, said in the statement.

— Mitch Wagner, Follow me on TwitterVisit my LinkedIn profile, Editor, Light Reading Enterprise Cloud

(0)  | 
Comment  | 
Print  | 
Newest First  |  Oldest First  |  Threaded View        ADD A COMMENT
From The Founder
NFV's promises of automation and virtualization are intriguing, but what really excites service providers is the massive amount of money they could save.
Flash Poll
Live Streaming Video
Charting the CSP's Future
Six different communications service providers join to debate their visions of the future CSP, following a landmark presentation from AT&T on its massive virtualization efforts and a look back on where the telecom industry has been and where it's going from two industry veterans.
LRTV Documentaries
Phone Review: Moto Z2 Play

8|22|17   |   1:54   |   (0) comments


Light Reading Mobile Editor Dan Jones reviews the Moto Z2 Play, which he calls 'a nice modern Android phone with good battery life and one of the nicest cameras' he's seen. The Moto Z2 Play is a Gigabit LTE-ready phone, but we were not able to test speeds that fast in the US.
LRTV Documentaries
Three Gets Smart(y), BT Invokes Twitter – The Recap

8|21|17   |     |   (0) comments


From Telecoms.com, a recap of the week's telecoms talking points. It's been a week of gimmicks as Three tests out a pay-as-you-go sub-brand called Smarty; Comcast
Women in Comms Introduction Videos
VMWare VP Brings Women Up With Her

8|16|17   |   6:49   |   (1) comment


It's an art and a science to make mentorship, inclusive leadership, diversity and promotion of high-potential women work, says Honore' LaBourdette, vice president of Global Market Development at VMWare.
LRTV Documentaries
5G Spectrum Wars – The Recap

8|15|17   |   2:22   |   (0) comments


Service provider 3 has filed a lawsuit against Ofcom over 5G spectrum auction in the UK.
LRTV Custom TV
Say What? Facebook Unleashes AI Anarchy – The Recap

8|7|17   |     |   (0) comments


A recap of the week's talking points on Light Reading's sister site, telecoms.com. Facebook AI programmers had a bit of a brain-fade as they allowed one of its AI applications to invent its ...
Women in Comms Introduction Videos
Fujitsu's Women Band Together to Help Girls Do STEM

8|2|17   |   9:35   |   (1) comment


Supporting women both inside and outside of Fujitsu is a top priority of the telecom vendor. Yanbing Li, Fujitsu Network Communication's director of System Software Development & Delivery, shares why it's important, but why there's still a long road ahead.
LRTV Custom TV
If You're Not First, You're Last – The Recap

7|31|17   |   08:18   |   (1) comment


In case you missed it, Amazon's 1% stock increase helped Jeff Bezos dethrone Bill Gates as the richest man in the world. Also, Taiwanese electronics manufacturer
Women in Comms Introduction Videos
AT&T's Tech President Preps Workforce for the Future

7|26|17   |   5:47   |   (10) comments


AT&T is focused on the software-defined network of the future and is reskilling its workforce to get ready too, according to AT&T's President of Technology Development Melissa Arnoldi.
Women in Comms Introduction Videos
Cisco: Mentoring Critical to Attract & Retain Women

7|19|17   |   6:40   |   (1) comment


Liz Centoni, senior vice president and general manager of Cisco's Computing System Product Group, shares why mentoring in all its forms is important for women and what Cisco is doing that's made a difference for women in tech.
LRTV Custom TV
Gigabit LTE With Snapdragon 835

7|12|17   |     |   (1) comment


At an event in Wembley stadium, EE used its live network to demonstrate gigabit LTE using a Sony Xperia XZ Premium smartphone with a Qualcomm Snapdragon 835 chip.
LRTV Custom TV
Implementing Machine Intelligence With Guavus

7|12|17   |     |   (0) comments


Guavus unites big data and machine intelligence, enabling many of the the largest service providers in the world to save money and drive measureable revenue. Learn how applying Machine Intelligence substantially reduces operational costs and in many cases can eliminate subscriber impact, meaning a better subscriber experience and higher NPS.
LRTV Custom TV
Unlocking Customer Experience Insights With Machine Intelligence

7|12|17   |     |   (0) comments


When used to analyze operational data and to drive operational decisions, machine intelligence reduces the number of tasks which require human intervention. Guavus invested in Machine Intelligence early. Learn about the difference between Machine Learning and Machine Intelligence.
Upcoming Live Events
September 28, 2017, Denver, CO
October 18, 2017, Colorado Convention Center - Denver, CO
November 1, 2017, The Royal Garden Hotel
November 1, 2017, The Montcalm Marble Arch
November 2, 2017, 8 Northumberland Avenue, London, UK
November 30, 2017, The Westin Times Square
All Upcoming Live Events
Infographics
With the mobile ecosystem becoming increasingly vulnerable to security threats, AdaptiveMobile has laid out some of the key considerations for the wireless community.
Hot Topics
Why AT&T May Dump Home Security Biz
Mari Silbey, Senior Editor, Cable/Video, 8/21/2017
Verizon & Friends Bust Through Gigabit LTE in the Lab
Dan Jones, Mobile Editor, 8/21/2017
AT&T Spreads Fiber & G.fast Wings
Alan Breznick, Cable/Video Practice Leader, Light Reading, 8/22/2017
Disney, iflix Team Up to Take Down Netflix
Aditya Kishore, Practice Leader, Video Transformation, Telco Transformation, 8/22/2017
WiCipedia: Dolly Babes, Manifesto Backlash & 'Brotastic' Failures
Eryn Leavens, Special Features & Copy Editor, 8/18/2017
Like Us on Facebook
Twitter Feed
Animals with Phones
Talk About a Custom-Made Workstation! Click Here
Proper ergonomics indeed.
Live Digital Audio

Understanding the full experience of women in technology requires starting at the collegiate level (or sooner) and studying the technologies women are involved with, company cultures they're part of and personal experiences of individuals.

During this WiC radio show, we will talk with Nicole Engelbert, the director of Research & Analysis for Ovum Technology and a 23-year telecom industry veteran, about her experiences and perspectives on women in tech. Engelbert covers infrastructure, applications and industries for Ovum, but she is also involved in the research firm's higher education team and has helped colleges and universities globally leverage technology as a strategy for improving recruitment, retention and graduation performance.

She will share her unique insight into the collegiate level, where women pursuing engineering and STEM-related degrees is dwindling. Engelbert will also reveal new, original Ovum research on the topics of artificial intelligence, the Internet of Things, security and augmented reality, as well as discuss what each of those technologies might mean for women in our field. As always, we'll also leave plenty of time to answer all your questions live on the air and chat board.