3Com Pings Court on Huawei Deal
In filing a motion for the court to intervene in the litigation, 3Com is asking the court to clear the way for it to deliver products through its 3Com-Huawei joint venture. In March, the company announced the joint venture with Huawei, which will allow it to resell Huawei gear in the U.S. and in other parts of the world under the 3Com label (see 3Com Taps Huawei in Enterprise Battle).
In an amended counterclaim Huawei filed with the court this afternoon, Huawei has asked the court to confirm by declaratory judgment that revised products sold in the United States, specifically those products developed and distributed by the 3Com-Huawei joint venture, do not infringe any valid copyright or patent of Cisco or reflect the misappropriation of any Cisco trade secrets.
Yesterday, the court ruled on Cisco’s request for a preliminary injunction that would prohibit Huawei from selling any of its products in the United States (see Cisco Wins Huawei Injunction). The court granted a partial injunction, but noted that it was only barring products that supposedly used a small piece of Cisco’s software code. And it denied Cisco’s request to ban all Huawei products from the U.S. market. Huawei says it no longer sells the products that allegedly infringe (see Huawei: Cisco Code Is Gone). And it contends that any new products that will be released do not use the same technology as the old products.
“We want to make sure that there isn’t any confusion of observance of the court order,” says Mark Michael, general counsel for 3Com, in a phone interview today. “We are being very proactive and careful. We want to be clear in emphasizing that 3Com and Huawei will comply with the law and that the new products do not infringe.”
Cisco filed its suit against Huawei and its U.S. subsidiary, FutureWei, last January (see Cisco/Huawei Brawl Begins).
— Marguerite Reardon, Senior Editor, Light Reading