[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Notices]
[Page 50678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23785]
[[Page 50678]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-945 (Modification Proceeding)]
Certain Network Devices, Related Software and Components Thereof
(II) Institution of Modification Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to institute a modification proceeding in the
above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-2737. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
may also be obtained by accessing its Internet server at https://www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.
Hearing-impaired persons are advised that information on this matter
can be obtained by contacting the Commission's TDD terminal on (202)
205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on January 27, 2015, based on a Complaint filed by Cisco Systems, Inc.
of San Jose, California (``Cisco''). 80 FR 4313-14 (Jan. 27, 2015). The
Complaint alleges violations of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337 (``section 337''), by reason of infringement
of certain 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''). The Complaint further alleges the
existence of a domestic industry. The Commission's Notice of
Investigation named Arista Networks, Inc. of Santa Clara, California
(``Arista'') as the respondent. The Office of Unfair Import
Investigations (``OUII'') was also named as a party to the
investigation. The Commission terminated the investigation in part as
to certain claims of the asserted patents. Notice (Nov. 18, 2015) (see
Order No. 38 (Oct. 27, 2015)); Notice (Dec. 1, 2015) (see Order No. 47
(Nov. 9, 2015)).
On May 4, 2017, the Commission found a violation of section 337
with respect to certain of the asserted claims of the '577 and '668
patents. Notice (May 4, 2017); 82 FR 21827-29 (May 10, 2017); see also
Notice of Correction (May 30, 2017); 82 FR 25811 (June 5, 2017). The
Commission issued a limited exclusion order (``LEO'') and a cease and
desist order (``CDO'') against Arista. Id. The Commission did not find
a violation with respect to the '853, '875, '492, and '211 patents. Id.
On June 30, 2017, Cisco filed a notice of appeal with the United
States Court of Appeals for the Federal Circuit (``Federal Circuit''),
seeking review of the Commission's finding of no violation. Cisco Sys.,
Inc. v. Int'l Trade Comm'n, Appeal No. 17-2289. On July 21, 2017,
Arista filed a notice of appeal with the Federal Circuit, seeking
review of the Commission's finding of violation. Arista Networks, Inc.
v. Int'l Trade Comm'n, Appeal No. 17-2336. On August 3, 2017, the
Federal Circuit consolidated the Arista and Cisco appeals. Cisco Sys.,
Inc. v. Int'l Trade Comm'n, Appeal No. 17-2289, Dkt. No. 20. The
consolidated appeal is currently pending before the Federal Circuit.
On August 25, 2017, Arista filed a motion with the Federal Circuit
seeking to stay the Commission's remedial orders pending resolution of
the appeal on the merits. On September 22, 2017, the Federal Circuit
denied this request ``subject to the condition that the product
redesign on which Cisco relies to deny irreparable harm must be
permitted to enter the country, without being blocked by the Commission
order under review in this case, unless and until Commission
proceedings are initiated and completed to produce an enforceable
determination that such a redesign is barred by the order here under
review or by a new or amended order.'' Cisco Sys, Inc. v. ITC; Arista
Networks, Inc. v. ITC, Appeal Nos. 2017-2289, -2351, Order at 3 (Fed.
Cir. Sept. 22, 2017).
On September 27, 2017, Cisco petitioned for a modification
proceeding to determine whether Arista's redesigned switches infringe
the patent claims that are the subject of the LEO and CDO issued in
this investigation and for modification of the remedial orders to
specify the status of these redesigned products. On October 10, 2017,
Arista filed its opposition to Cisco's petition. On October 17, 2017,
Cisco filed a Motion for Leave to Submit a Reply in Support of Its
Petition for a Modification Proceeding. The Commission grants Cisco's
motion to file a reply.
The Commission has determined that the request complies with the
requirements for institution of a modification proceeding under
Commission Rule 210.76. Accordingly, the Commission has determined to
institute a modification proceeding and has delegated the proceeding to
the Chief Administrative Law Judge to designate a presiding
Administrative Law Judge. Cisco, Arista, and OUII are named as parties
to the proceeding.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: October 27, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-23785 Filed 10-31-17; 8:45 am]
BILLING CODE 7020-02-P