CBP Again Finds Arista Product Redesign Successfully Avoids ITC 337 Scope
CBP again found that a redesign of network switches imported by Arista Networks falls outside of an International Trade Commission limited exclusion order, Arista said in a Securities and Exchange Commission filing (here). Arista is in litigation with Cisco Systems over patent infringement allegations (see 1606290005). The CBP ruling, sent to Arista on April 7, marks a reversal for CBP after the agency revoked a similar finding in January (see 1701170019). "CBP has issued instructions to the U.S. ports to permit entry of the Company’s redesigned products for consumption and sale," Arista said in the SEC filing. Arista's general counsel, Marc Taxay, said the company is "gratified by the dedication and thoroughness of CBP in reaffirming its original ruling that validates our good faith efforts to address the ITC’s findings."
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CBP's ruling followed an "inter partes process" that included "extensive briefing by both parties and a hearing during which both parties presented their arguments," Arista said in an emailed update about the litigation. The agency's decision "validates the company’s good faith efforts to comply with the ITC’s remedial orders," Arista said. Cisco's general counsel said in a blog post (here) that while CBP's ruling allows Arista to import its products while the ITC's enforcement proceedings "are underway," the company appreciates "that CBP has afforded us this opportunity for increased transparency."
Email ITTNews@warren-news.com for a copy of Arista's update on the litigation.