The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain network devices, related software, and components thereof. At issue in the investigations are certain types of network devices, such as switches, with particular functionalities relating to network performance, security, and/or management.
The investigation is based on a complaint filed by Cisco Systems, Inc., of San Jose, CA, on December 19, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain network devices, related software, and components thereof that infringe patents asserted by Cisco Systems. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified Arista Networks, Inc., of Santa Clara, CA, as the respondent in the investigation.
By instituting this investigation (337-TA-945), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.