Just when it appeared the legal wrangling between Cisco and Arista was winding down, the U.S. Customs and Border Protection (CBP) agency issued a ruling late last Friday revoking its own November 2016 finding that allowed Arista’s redesigned products to be imported into the U.S.
According to Cisco, the revocation covers all Arista products. “This means that Arista has lost the authorization to import or continue selling its products in the U.S., or to import components to build those products,” states Mark Chandler, Cisco’s general counsel, in a corporate blog.
“It is important to understand that CBP has not ruled that Arista’s products infringe,” states Arista’s leadership team in its official statement. “Instead, CBP has expressed concern that its original ruling was incorrect, based on input provided by Cisco.”
The CBP ruling was very short — just a two-sentence letter.
Arista says it will have conversations with CBP in the coming days to argue its case and “address any concerns.”
The two-year legal saga between Cisco and Arista had seemed as if it was winding down. In two separate ITC cases, it appeared that Arista’s redesigns would satisfy CBD. And a jury in the U.S. District Court in San Jose, California, ruled in December 2016 that although Arista did infringe on Cisco’s copyrights, Cisco deserved no monetary damages.
But the battle continues.
In today’s blog, Cisco’s Chandler writes, “Our view is that the ‘redesign’ is a sham. If the ITC concurs that the ‘redesign’ does not avoid the patent, our enforcement action that is pending before the ITC can result in Arista’s forfeiture of all revenue from the sale of products since last August.”
And for its part, the Arista team writes, “Despite Cisco’s unhinged rhetoric and promises to shut Arista down, we are still standing tall thanks to the wide-ranging support we have received from the larger community who sees this assault for what it is.”