By Eric Schweibenz and Alex Englehart
On December 19, 2014, Cisco Systems, Inc. of San Jose, California ("Cisco") filed a complaint (see part 1 and part 2) requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Arista Networks, Inc. of Santa Clara, California ("Arista") unlawfully imports into the U.S., sells for importation, sells within the U.S. after importation, and/or uses within the U.S. after importation certain networking equipment and components and software thereof that infringe one or more claims of U.S. Patent Nos. 7,162,537 (the '537 patent), 8,356,296 (the '296 patent), 7,290,164 (the '164 patent), 7,340,597 (the '597 patent), 6,741,592 (the '592 patent), and 7,200,145 (the '145 patent) (collectively, the "asserted patents").

According to the complaint, the asserted patents generally relate to networking equipment and certain components and software therein.  In particular, the '537 patent relates to a system and method of managing data in networking devices and networking operating systems.  The '296 patent relates to network devices, and more particularly to a system and method for reloading and/or upgrading software in network devices with minimal disruption.  The '164 patent relates to a system and method of provisioning network devices and to improved capabilities for changing the configuration of network devices.  The '597 patent relates to the field of information networks and communication devices, and more particularly, to a system and method for securing a communications device using a logging module.  Lastly, the '592 and '145 patents relate to networking devices and Virtual Local Area Networks (VLANs), and more particularly to secondary VLANs.

In the complaint, Cisco states that Arista imports and sells products that infringe the asserted patents.  The complaint specifically refers to various networking devices associated with Arista as infringing products.

Regarding domestic industry, Cisco states that it is the leading provider of network switching and routing products in the U.S. and that it has made long-standing and continuing significant investments in the U.S. in the engineering, research, development, testing, manufacturing and/or product support of products protected by the asserted patents.  Cisco specifically refers to its large facilities in California and North Carolina.  Cisco further refers to its U.S.-based contract manufacturers, including Foxconn, Inc. and Solectron Texas, Inc., which allegedly manufacture and assemble products protected by the asserted patents in the U.S.

As to related litigation, Cisco states that on December 5, 2014, it filed a complaint in the U.S. District Court for the Northern District of California alleging that Arista infringes the asserted patents.

With respect to potential remedy, Cisco requests that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at Arista and others acting on its behalf.