& 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
Featured Video
From The Founder
Light Reading is spending much of this year digging into the details of how automation technology will impact the comms market, but let's take a moment to also look at how automation is set to overturn the current world order by the middle of the century.
Flash Poll
Upcoming Live Events
November 1, 2017, The Royal Garden Hotel
November 1, 2017, The Montcalm Marble Arch
November 2, 2017, 8 Northumberland Avenue, London, UK
November 2, 2017, 8 Northumberland Avenue – London
November 10, 2017, The Westin Times Square, New York, NY
November 16, 2017, ExCel Centre, London
November 30, 2017, The Westin Times Square
May 14-17, 2018, Austin Convention Center
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
Is US Lurching Back to Monopoly Status?
Carol Wilson, Editor-at-large, 10/16/2017
Pai's FCC Raises Alarms at Competitive Carriers
Carol Wilson, Editor-at-large, 10/16/2017
The Big Cable DAA Update
Mari Silbey, Senior Editor, Cable/Video, 10/11/2017
Muni Policies Stymie Edge Computing
Carol Wilson, Editor-at-large, 10/17/2017
'Brutal' Automation & the Looming Workforce Cull
Iain Morris, News Editor, 10/18/2017
Animals with Phones
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.

Like Us on Facebook
Twitter Feed