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Optical/IP

Cisco Wins Huawei Injunction

Cisco has won a partial victory in the first round of its lawsuit against Huawei Technologies Co. Ltd. But both companies are claiming victory after a federal judge in Texas ruled late Friday afternoon on Cisco’s request for a preliminary injunction against Huawei.

According to court papers, United States District Judge T. John Ward ordered Huawei to stop distributing user manuals or online help files that contain material copyrighted by Cisco. He also ordered the Chinese networking company to stop selling products that use a portion of Cisco’s source code.

"Today's ruling is a significant win for Cisco," said Mark Chandler, vice president and general counsel of Cisco, in a prepared statement. "We are gratified by the serious consideration the Court is giving the issue of protection of intellectual property rights around the world.”

While Cisco got part of what it wanted in the ruling, the court did not go as far as the company would have liked. Specifically, the court refused Cisco’s broader request to bar Huawei from using any of its router software.

“The scope of the requested injunction is too broad,” said Justice Ward in his decision. “Outside of the EIGRP module, the plaintiff has not carried its burden to demonstrate that relief of this nature is appropriate.”

He also refused Cisco’s request to force Huawei to stop using its command line interface (CLI), which Cisco claims has been copied from its own. While Justice Ward ruled that command line interfaces are protected under copyright law in Texas, he again said that not enough evidence was provided to support Cisco’s request.

Despite what appears to be a split decision in the court’s ruling, Cisco officials say the company is not discouraged.

“As we move into the next phase of the case, we look forward to the opportunity, for the first time, to have Huawei's source code reviewed to determine the full extent of the copying and seek appropriate relief," said Chandler in his statement.

Huawei also said it’s pleased with the initial outcome of the case. The company has said in previous court filings that it had already removed the source code and the copyrighted material that Cisco has accused it of copying in its U.S. products before the suit was even filed (see Huawei: Cisco Code Is Gone). The court took this good faith gesture into consideration in its ruling. As a result, Justice Ward concluded that an injunction would have little impact on Huawei.

Huawei said in its statement issued on Friday that the ruling will have no material effect on its future business in the U.S., including the joint venture with 3Com Corp. (Nasdaq: COMS), which was announced back in March (see 3Com Taps Huawei in Enterprise Battle)

“Nothing in the preliminary injunction relates at all to the new versions of the products,” said the company in its statement. “Huawei will continue to move forward with the 3Com–Huawei joint venture and continued investment in research and development.”

Cisco filed its suit against Huawei in January, accusing the Chinese manufacturer of copying large pieces of its source code and its users’ manuals (see Cisco/Huawei Brawl Begins). Cisco claims that Huawei was unlawfully selling these products through its U.S. subsidiary, FutureWei, which is based in Texas.

— Marguerite Reardon, Senior Editor, Light Reading

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desikar 12/4/2012 | 11:56:49 PM
re: Cisco Wins Huawei Injunction Sounds strange that all Huawei has to do is to stop using Cisco's code in future products. What about the expertise that has been internalized during the process of copying, that they should never have had access to? Can they freely apply that in the future without repercussions? If so, this would encourage breaking of laws regarding IP, for the reward is far greater than the punishment.

desikar
cyber_techy 12/4/2012 | 11:56:45 PM
re: Cisco Wins Huawei Injunction All Huawei needs to do is to edit a few manuals. Hardly a week's work for documentation experts.
gumbydammit 12/4/2012 | 11:56:43 PM
re: Cisco Wins Huawei Injunction
Judgie, who's side you on, anyways?!?
Its just like (us) Texans to be so trusting.

Guess thats what happens when your word is supposed to actually *mean* something. And others can trust you to *keep* your word.

My guess this guy doesn't get out of the (great) state much, MUCH less to China.

Give'em a hole and they'll break the dike!
/gd
maoj 12/4/2012 | 11:56:40 PM
re: Cisco Wins Huawei Injunction Yes, We chinese will break the dike and let your lazy and egomaniacal guys lose your job.

Cisco to set the barrier just because fear. You guys may dont know what happen in China that Cisco lose significant maket share in low end market, you guys may dont know there are serveral companies like Huawei making excellent networking equipments. It just a time matter when Chinese company controll the world.

Let's see it , dude!
Phiber_Phreak 12/4/2012 | 11:56:39 PM
re: Cisco Wins Huawei Injunction you guys may dont know there are serveral companies like Huawei making excellent networking equipments. It just a time matter when Chinese company controll the world.


_______________


Dude, put that opium pipe DOWN.

Huawei routing products suck. The other companies in China like ZTE and Delta are even worse. Why do you think Huawei ripped off Cisco in the first place?

PP

netvet 12/4/2012 | 11:56:35 PM
re: Cisco Wins Huawei Injunction Another hook set nicely, Bill Dance would be proud :)
mdwdm 12/4/2012 | 11:56:34 PM
re: Cisco Wins Huawei Injunction Another hook set nicely, Bill Dance would be proud :)

------------------

No. It is part of "the show", as first suggested by 3com CEO.

But it is turning into a lousy job.



PotatoChips 12/4/2012 | 11:56:22 PM
re: Cisco Wins Huawei Injunction All these Huawei bashing indicates the 'loser' syntrome with capital 'L'. All I can see in these emails are emotional allegations based on systematic biased american media reports and some fundamental hatred and arrogance. Please ask yourself: how much you know about this case; are your arguments and conclusion reasonable and founded on solid facts? I know Chinese companies are stereotyped here a lot as simply some cheap imitators. If stereotype is your religion and you believe nothing but stereotypes, then you ARE pathetic. If bashing Chinese and Chinese companies make you feel good, please continue. We don't want you to stop enjoy your masturbation.
Good luck.
cose*breaker 12/4/2012 | 11:56:09 PM
re: Cisco Wins Huawei Injunction One point no body seems to hit on is the threat that Hooie and other manufacturers like Dull are ruining the opportunity to make money as a manufacture/reseller in the networking market place. Most of that should come as good news to those of you who are end users but us resellers are seeing an already down market drop to it's knees. Competition is good for the market place but commidtization of it promotes an R&D down fall.
skeptic 12/4/2012 | 11:55:59 PM
re: Cisco Wins Huawei Injunction All Huawei needs to do is to edit a few manuals. Hardly a week's work for documentation experts.

-----------

The trail is not even close to starting. The
judge ruled on a pre-trial request by cisco
and found it too broad to grant in full.

The problem for Huawei is that if something
else comes out in the course of discovery
or the trial, they open themselves up to larger
damages.

The case still has a long way to go.
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