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. 7,023,853 (the '853 patent), 6,377,577 (the '577 patent), 7,460,492 (the '492 patent), 7,061,875 (the '875 patent), 7,224,668 (the '668 patent), and 8,051,211 (the '211 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 '853 and '577 patents relate to a system and method for improved processing of access control lists (ACLs) in network devices.  The '492 and '875 patents relate to network devices that implement a system and method for preventing the formation of loops that are not detected by spanning tree protocols (STP).  The '668 patent relates to a system and method for improved immunity to Denial of Service (DoS) attacks and/or to improved Quality of Service (QoS) for networking devices.  Lastly, the '211 patent relates to computer networks and, more specifically, to a multi-bridge LAN aggregated system and method for use by a device in a computer network.

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.