83 FR 15626 - Certain Network Devices, Related Software and Components Thereof (II); Commission Determination To Modify the Remedial Orders To Suspend Enforcement as to U.S. Patent No. 7,224,668

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 70 (April 11, 2018)

Page Range		15626-15627
FR Document		2018-07412

Notice is hereby given that the U.S. International Trade Commission has determined to modify the limited exclusion order (``LEO'') and cease and desist order (``CDO'') (collectively, ``the remedial orders'') issued in the above-captioned investigation to suspend enforcement of those orders as to the claims of U.S. Patent Nos. 7,224,668 (``the '668 patent'') that the Commission found to be infringed. The Commission has further determined to deny Arista's motion for stay as moot in view of the suspension of the remedial orders as to the '668 patent.

Federal Register, Volume 83 Issue 70 (Wednesday, April 11, 2018)

[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)]
[Notices]
[Pages 15626-15627]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07412]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-945]


Certain Network Devices, Related Software and Components Thereof 
(II); Commission Determination To Modify the Remedial Orders To Suspend 
Enforcement as to U.S. Patent No. 7,224,668

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to modify the limited exclusion order 
(``LEO'') and cease and desist order (``CDO'') (collectively, ``the 
remedial orders'') issued in the above-captioned investigation to 
suspend enforcement of those orders as to the claims of U.S. Patent 
Nos. 7,224,668 (``the '668 patent'') that the Commission found to be 
infringed. The Commission has further determined to deny Arista's 
motion for stay as moot in view of the suspension of the remedial 
orders as to the '668 patent.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2301. 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 http://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://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, in the sale for importation, importation, 
and sale within the United States after importation of certain network 
devices, related software and components thereof by reason of 
infringement of certain claims of U.S. Patent Nos. 7,023,853; the '577 
patent; 7,460,492; 7,061,875; the '668 patent; and 8,051,211. The 
Complaint further alleges the existence of a domestic industry. The 
Commission's Notice of Investigation named Arista Networks Inc. 
(``Arista'') as respondent. The Office of Unfair Import Investigations 
(``OUII'') was also named as a party to the investigation. The 
Commission previously terminated the investigation in part as to 
certain claims of the asserted patents. Order No. 38 (Oct. 27, 2015), 
unreviewed Notice (Nov. 18, 2015); Order No. 47 (Nov. 9, 2015), 
unreviewed Notice (Dec. 1, 2015).
    On June 11, 2016, the Patent Trial and Appeal Board (``PTAB'') of 
the U.S. Patent and Trademark Office instituted separate inter partes 
review (``IPR'') proceedings concerning the '577 and '668 patents. 
Arista Networks, Inc. v. Cisco Systems, Inc., Case IPR2016-00303 
(regarding the '577 patent); Arista Networks, Inc. v. Cisco Systems, 
Inc., Case IPR2016-00309 (regarding the '668 patent).
    On May 4, 2017, the Commission found a violation of section 337 as 
to certain claims of the '577 and '668 patents. Notice (May 4, 2017); 
82 FR 21827-29 (May 10, 2017). Specifically, the Commission issued an 
LEO prohibiting the unlicensed entry of network devices, related 
software and components thereof that infringe any of claims 1, 7, 9, 
10, and 15 of the '577 patent; and claims 1, 2, 4, 5, 7, 8, 10, 13, 18, 
56, and 64 of the '668 patent, and a CDO that prohibits Arista from 
importing, selling, marketing, advertising, distributing, transferring 
(except for exportation), soliciting United States agents or 
distributors, and aiding or abetting other entities in the importation, 
sale for importation, sale after importation, transfer (except for 
exportation), or distribution of certain network devices, related 
software and components thereof that infringe any of claims 1, 7, 9, 
10, and 15 of the '577 patent; and claims 1, 2, 4, 5, 7, 8, 10, 13, 18, 
56, and 64 of the '668 patent.
    On May 25, 2017, the PTAB issued its final written decision finding 
claims 1, 7-10, 12-16, 18-22, 25, and 28-31 of the '577 patent 
unpatentable based on prior art not presented in the Commission 
investigation. On June 1, 2017, the PTAB issued its final written 
decision finding claims 1-10, 12, 13, 15-28, 30, 33-36, 55-64, 66, 67, 
and 69-72 of the '668 patent unpatentable based on certain combinations 
of prior art not presented in the Commission investigation.
    On February 14, 2018, the U.S. Court of Appeals for the Federal 
Circuit summarily affirmed the PTAB's decision finding the claims of 
the '668 patent unpatentable. Cisco Systems, Inc. v. Arista Networks, 
Inc., Appeal No. 17-2384 (Feb. 14, 2018). The Court issued the mandate 
on March 23, 2018. Id., Dkt. No. 54. The PTAB's decision concerning the 
'577 is currently still pending before the Court.
    On March 15, 2018, Arista filed a motion before the Commission to 
stay the Commission's remedial orders as to the '668 patent. On March 
26, 2018, Cisco filed its response stating that it takes no position on 
and, thus, does not oppose Arista's motion. OUII did not file a 
response to Arista's motion.
    The Commission has determined, pursuant to 19 U.S.C. 1337(k)(1) and 
19 CFR 210.76(a)(1), to modify the remedial orders to suspend 
enforcement of those orders with respect to the '668 patent pending 
rescission of the orders upon the cancellation of the asserted claims 
or pending reversal or vacatur of the Federal Circuit's decision in 
Cisco Systems, Inc. v. Arista Networks, Inc., Appeal No. 17-2384.
    The Commission has further determined to deny Arista's motion as 
moot in view of the suspension of the remedial orders as to the '668 
patent.
    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.


[[Page 15627]]


    Issued: April 5, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-07412 Filed 4-10-18; 8:45 am]
 BILLING CODE 7020-02-P

15626 Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Notices

Section 304 of the National Historic Street, SW, Washington, DC 20436, advertising, distributing, transferring
Preservation Act (16 U.S.C. 470w–3(a)) telephone (202) 205–2000. General (except for exportation), soliciting
BOEM is required, after consultation information concerning the Commission United States agents or distributors, and
with the Secretary of the Department of may also be obtained by accessing its aiding or abetting other entities in the
the Interior, to withhold the location, internet server at http://www.usitc.gov. importation, sale for importation, sale
character, or ownership of historic The public record for this investigation after importation, transfer (except for
resources if it determines that disclosure may be viewed on the Commission’s exportation), or distribution of certain
may, among other things, cause a electronic docket (EDIS) at http:// network devices, related software and
significant invasion of privacy, risk edis.usitc.gov. Hearing-impaired components thereof that infringe any of
harm to the historic resources or impede persons are advised that information on claims 1, 7, 9, 10, and 15 of the ’577
the use of a traditional religious site by this matter can be obtained by patent; and claims 1, 2, 4, 5, 7, 8, 10,
practitioners. Tribal entities and other contacting the Commission’s TDD 13, 18, 56, and 64 of the ’668 patent.
interested parties should designate terminal on (202) 205–1810. On May 25, 2017, the PTAB issued its
information that they wish to be held as SUPPLEMENTARY INFORMATION: The final written decision finding claims 1,
confidential and provide the reasons Commission instituted this investigation 7–10, 12–16, 18–22, 25, and 28–31 of
why BOEM should do so. on January 27, 2015, based on a the ’577 patent unpatentable based on
Complaint filed by Cisco Systems, Inc. prior art not presented in the
Dated: April 5, 2018.
of San Jose, California (‘‘Cisco’’). 80 FR Commission investigation. On June 1,
Walter D. Cruickshank, 4313–14 (Jan. 27, 2015). The Complaint 2017, the PTAB issued its final written
Acting Director, Bureau of Ocean Energy alleges violations of section 337 of the decision finding claims 1–10, 12, 13,
Management. Tariff Act of 1930, as amended, 19 15–28, 30, 33–36, 55–64, 66, 67, and 69–
[FR Doc. 2018–07379 Filed 4–10–18; 8:45 am] U.S.C. 1337, in the sale for importation, 72 of the ’668 patent unpatentable based
BILLING CODE 4310–MR–P importation, and sale within the United on certain combinations of prior art not
States after importation of certain presented in the Commission
network devices, related software and investigation.
INTERNATIONAL TRADE components thereof by reason of On February 14, 2018, the U.S. Court
COMMISSION infringement of certain claims of U.S. of Appeals for the Federal Circuit
Patent Nos. 7,023,853; the ’577 patent; summarily affirmed the PTAB’s
[Investigation No. 337–TA–945]
7,460,492; 7,061,875; the ’668 patent; decision finding the claims of the ’668
Certain Network Devices, Related and 8,051,211. The Complaint further patent unpatentable. Cisco Systems, Inc.
Software and Components Thereof (II); alleges the existence of a domestic v. Arista Networks, Inc., Appeal No. 17–
Commission Determination To Modify industry. The Commission’s Notice of 2384 (Feb. 14, 2018). The Court issued
the Remedial Orders To Suspend Investigation named Arista Networks the mandate on March 23, 2018. Id.,
Enforcement as to U.S. Patent No. Inc. (‘‘Arista’’) as respondent. The Office Dkt. No. 54. The PTAB’s decision
7,224,668 of Unfair Import Investigations (‘‘OUII’’) concerning the ’577 is currently still
was also named as a party to the pending before the Court.
AGENCY: U.S. International Trade investigation. The Commission On March 15, 2018, Arista filed a
Commission. previously terminated the investigation motion before the Commission to stay
ACTION: Notice. in part as to certain claims of the the Commission’s remedial orders as to
asserted patents. Order No. 38 (Oct. 27, the ’668 patent. On March 26, 2018,
SUMMARY: Notice is hereby given that 2015), unreviewed Notice (Nov. 18, Cisco filed its response stating that it
the U.S. International Trade 2015); Order No. 47 (Nov. 9, 2015), takes no position on and, thus, does not
Commission has determined to modify unreviewed Notice (Dec. 1, 2015). oppose Arista’s motion. OUII did not
the limited exclusion order (‘‘LEO’’) and On June 11, 2016, the Patent Trial and file a response to Arista’s motion.
cease and desist order (‘‘CDO’’) Appeal Board (‘‘PTAB’’) of the U.S.
(collectively, ‘‘the remedial orders’’) The Commission has determined,
Patent and Trademark Office instituted pursuant to 19 U.S.C. 1337(k)(1) and 19
issued in the above-captioned separate inter partes review (‘‘IPR’’)
investigation to suspend enforcement of CFR 210.76(a)(1), to modify the
proceedings concerning the ’577 and remedial orders to suspend enforcement
those orders as to the claims of U.S. ’668 patents. Arista Networks, Inc. v.
Patent Nos. 7,224,668 (‘‘the ’668 of those orders with respect to the ’668
Cisco Systems, Inc., Case IPR2016– patent pending rescission of the orders
patent’’) that the Commission found to 00303 (regarding the ’577 patent); Arista
be infringed. The Commission has upon the cancellation of the asserted
Networks, Inc. v. Cisco Systems, Inc., claims or pending reversal or vacatur of
further determined to deny Arista’s Case IPR2016–00309 (regarding the ’668
motion for stay as moot in view of the the Federal Circuit’s decision in Cisco
patent). Systems, Inc. v. Arista Networks, Inc.,
suspension of the remedial orders as to On May 4, 2017, the Commission
the ’668 patent. Appeal No. 17–2384.
found a violation of section 337 as to
The Commission has further
FOR FURTHER INFORMATION CONTACT: certain claims of the ’577 and ’668
determined to deny Arista’s motion as
Megan M. Valentine, Office of the patents. Notice (May 4, 2017); 82 FR
moot in view of the suspension of the
General Counsel, U.S. International 21827–29 (May 10, 2017). Specifically,
remedial orders as to the ’668 patent.
Trade Commission, 500 E Street SW, the Commission issued an LEO
Washington, DC 20436, telephone (202) prohibiting the unlicensed entry of The authority for the Commission’s
determination is contained in section
amozie on DSK30RV082PROD with NOTICES

708–2301. Copies of non-confidential network devices, related software and
documents filed in connection with this components thereof that infringe any of 337 of the Tariff Act of 1930, as
investigation are or will be available for claims 1, 7, 9, 10, and 15 of the ’577 amended (19 U.S.C. 1337), and in Part
inspection during official business patent; and claims 1, 2, 4, 5, 7, 8, 10, 210 of the Commission’s Rules of
hours (8:45 a.m. to 5:15 p.m.) in the 13, 18, 56, and 64 of the ’668 patent, and Practice and Procedure (19 CFR part
Office of the Secretary, U.S. a CDO that prohibits Arista from 210).
International Trade Commission, 500 E importing, selling, marketing, By order of the Commission.

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Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Notices 15627

Issued: April 5, 2018. and the sale within the United States DEPARTMENT OF JUSTICE
Lisa Barton, after importation of certain light engines
Secretary to the Commission. and components thereof by reason of Antitrust Division
[FR Doc. 2018–07412 Filed 4–10–18; 8:45 am] infringement of one or more of claims
Notice Pursuant to the National
BILLING CODE 7020–02–P 1–6, 10, 11, and 16–19 of U.S. Patent
Cooperative Research and Production
No. 9,574,722 (‘‘the ’722 patent’’);
Act of 1993—ASTM International
claims 1–3, 5, 7, 9, 11–13, 15, 17, and
INTERNATIONAL TRADE Standards
20 of U.S. Patent No. 9,395,055 (‘‘the
COMMISSION ’055 patent’’); and claims 1, 4, 6, 7, 9, Notice is hereby given that, on
[Investigation No. 337–TA–1102] 16, and 18 of U.S. Patent No. 8,493,564 February 21, 2018, pursuant to Section
(‘‘the ’564 patent’’). The notice of 6(a) of the National Cooperative
Certain Light Engines and investigation named the following Research and Production Act of 1993,
Components Thereof; Commission respondents: Excelitas Technologies 15 U.S.C. 4301 et seq. (‘‘the Act’’),
Determination Not To Review an Initial Corp. of Waltham, Massachusetts and ASTM International (‘‘ASTM’’) has filed
Determination Granting a Joint Motion Lumen Dynamics Group, Inc. of written notifications simultaneously
To Terminate the Investigation in Its Mississauga, Ontario, Canada with the Attorney General and the
Entirety Based Upon a Consent Order (collectively, ‘‘Respondents’’). The Federal Trade Commission disclosing
Stipulation; Issuance of Consent Order additions or changes to its standards
Office of Unfair Import Investigations is
development activities. The
AGENCY: U.S. International Trade not a party to the investigation.
notifications were filed for the purpose
Commission. On March 15, 2018, Lumencor and of extending the Act’s provisions
ACTION: Notice. Respondents filed a joint motion to limiting the recovery of antitrust
terminate the investigation in its plaintiffs to actual damages under
SUMMARY: Notice is hereby given that entirety based upon consent order specified circumstances. Specifically,
the U.S. International Trade stipulation. No responses to the motion ASTM has provided an updated list of
Commission has determined not to were filed. We note that the current, ongoing ASTM standards
review the presiding administrative law Commission issued its notice to activities originating between December
judge’s (‘‘ALJ’’) initial determination 2017 and February 2018 designated as
institute this investigation on March 12,
(‘‘ID’’) (Order No. 2) granting a joint work items. A complete listing of ASTM
2018, but the notice did not appear in
motion to terminate the investigation in Work Items along with a brief
its entirety based upon a consent order the Federal Register until March 16,
2018. description of each, is available at
stipulation; entry of consent order and http://www.astm.org.
termination of investigation. On March 20, 2018, the ALJ issued On September 15, 2004, ASTM filed
FOR FURTHER INFORMATION CONTACT: the subject ID, granting the motion. On its original notification pursuant to
Panyin A. Hughes, Office of the General March 26, 2018, the ALJ issued errata Section 6(a) of the Act. The Department
Counsel, U.S. International Trade correcting a typographical error on page of Justice published a notice in the
Commission, 500 E Street SW, 2 of the ID (changing ‘‘Lumencor also Federal Register pursuant to Section
Washington, DC 20436, telephone 202– agrees to’’ to ‘‘Respondents also agree 6(b) of the Act on November 10, 2004
205–3042. Copies of non-confidential to’’). The ALJ found that the consent (69 FR 65226).
documents filed in connection with this order stipulation complies with the The last notification with the
investigation are or will be available for requirements of Commission Rule Department was filed on December 14,
inspection during official business 210.21(c)(3) (19 CFR 210.21(c)(3)), and 2017. A notice was filed in the Federal
hours (8:45 a.m. to 5:15 p.m.) in the that terminating the investigation in its Register on February 12, 2018 (83 FR
Office of the Secretary, U.S. entirety would not be contrary to the 6050).
International Trade Commission, 500 E public interest. None of the parties Patricia A. Brink,
Street SW, Washington, DC 20436, petitioned for review of the ID.
telephone 202–205–2000. General Director of Civil Enforcement, Antitrust
information concerning the Commission The Commission has determined not Division.
may also be obtained by accessing its to review the ID and to issue consent [FR Doc. 2018–07514 Filed 4–10–18; 8:45 am]
internet server (https://www.usitc.gov). order herewith. BILLING CODE 4410–11–P

The public record for this investigation The authority for the Commission’s
may be viewed on the Commission’s determination is contained in section
electronic docket (EDIS) at https:// DEPARTMENT OF JUSTICE
337 of the Tariff Act of 1930, as
edis.usitc.gov. Hearing-impaired amended (19 U.S.C. 1337), and in Part Drug Enforcement Administration
persons are advised that information on 210 of the Commission’s Rules of
this matter can be obtained by Practice and Procedure (19 CFR part [Docket No. DEA–392]
contacting the Commission’s TDD 210).
terminal on 202–205–1810. Importer of Controlled Substances
By order of the Commission. Application: Lipomed
SUPPLEMENTARY INFORMATION: The
Issued: April 6, 2018.
Commission instituted this investigation ACTION: Notice of application.
Lisa Barton,
on March 16, 2018, based on a
amozie on DSK30RV082PROD with NOTICES

complaint filed by Lumencor, Inc. of Secretary to the Commission. DATES: Registered bulk manufacturers of
Beaverton, Oregon (‘‘Lumencor’’). 83 FR [FR Doc. 2018–07452 Filed 4–10–18; 8:45 am] the affected basic classes, and
11789 (Mar. 16, 2018). The complaint BILLING CODE 7020–02–P applicants therefore, may file written
alleges violations of section 337 of the comments on or objections to the
Tariff Act of 1930, as amended (19 issuance of the proposed registration on
U.S.C. 1337), in the importation into the or before May 11, 2018. Such persons
United States, the sale for importation, may also file a written request for a

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Document Created: 2018-04-10 23:59:10
Document Modified: 2018-04-10 23:59:10

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Megan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-2301. 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 http:// www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://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.
FR Citation		83 FR 15626