83 FR 30954 - Certain Network Devices, Related Software and Components Thereof (II) (Modification 2); Modification of Limited Exclusion Order and Cease and Desist Order; Termination of the Modification Proceeding as to U.S. Patent No. 6,377,577 and Suspension of the Modification Proceeding as to U.S. Patent No. 7,224,668
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 127 (July 2, 2018)
Federal Register Volume 83, Issue 127 (July 2, 2018)
| Page Range | 30954-30956 | |
| FR Document | 2018-14130 |
[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)] [Notices] [Pages 30954-30956] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14130] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-945] Certain Network Devices, Related Software and Components Thereof (II) (Modification 2); Modification of Limited Exclusion Order and Cease and Desist Order; Termination of the Modification Proceeding as to U.S. Patent No. 6,377,577 and Suspension of the Modification Proceeding 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 a limited exclusion order and a cease and desist order (``the remedial orders'') issued against Arista Networks, Inc. of Santa Clara, California (``Arista'') in Inv. No. 337- TA-945. The above-captioned [[Page 30955]] modification proceeding is terminated as to U.S. Patent No. 6,377,577 (``the '577 patent'') and is suspended as to U.S. Patent No. 7,224,668 (``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 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''); the '577 patent; 7,460,492 (``the '492 patent''); 7,061,875 (``the '875 patent''); 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 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 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 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 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 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 as to the '853, '875, '492, and '211 patents. 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 as to the '577 and '668 patents. 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 November 1, 2017, the Commission instituted the modification proceeding. 82 FR 50678 (Nov. 1, 2017). On November 7, 2018, the Commission issued a notice clarifying that OUII is not named as a party in the modification proceeding. 82 FR 52318 (Nov. 13, 2017). On February 14, 2018, 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, Order (Feb. 14, 2018). The Court issued the mandate on March 23, 2018. Id., Dkt. No. 54. 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 Arista's motion. On March 23, 2018, the ALJ issued a recommended determination in the modification proceeding (``MRD''), finding that Arista's redesigned products infringe the relevant claims of the '668 patent but do not infringe the relevant claims of the '577 patent. MRD (Mar. 23, 2018). Also on March 23, 2018, the ALJ issued an order denying Arista's motion to stay the modification proceedings or to stay the remedial orders with respect to the '668 patent. Order No. 20 (Mar. 23, 2018). On April 5, 2018, the Commission determined to modify the remedial orders to suspend enforcement of those orders with respect to the '668 patent. Notice (Apr. 5, 2018); Comm'n Order (Apr. 5, 2018). Also on April 5, 2018, Cisco filed comments to the MRD, requesting review of the ALJ's findings that Arista's redesigned products do not infringe the relevant claims of the '577 patent. On the same day, Arista filed comments to the MRD, requesting review of the ALJ's finding that its redesigned products infringe the relevant claims of the '668 patent and preserving certain alternative grounds of affirmance regarding the ALJ's finding that the redesigned products do not infringe the relevant claims of the '577 patent. Further on April 5, 2018, Arista filed a motion to stay the modification proceeding as to the '668 patent based on the Federal Circuit's affirmance of the PTAB's determination that the [[Page 30956]] relevant claims of the '668 patent are unpatentable. On April 12, 2018, Cisco and Arista filed responses to each other's comments. On April 16, 2017, Cisco filed a response to Arista's stay motion. Having examined the record of this modification proceeding, including the MRD, the comments to the MRD, and the responses thereto, the Commission has determined to find that Cisco has failed to show by a preponderance of the evidence that Arista's redesigned products infringe claims 1, 7, 9, 10, and 15 of the '577 patent or that Arista has indirectly infringed those claim by contributing to or inducing infringement by its customers. Accordingly, the Commission has determined to modify the remedial orders to exempt Arista's redesigned products that were the subject of this modification proceeding. The modification proceeding is terminated with respect to the '577 patent. The Commission has also determined to suspend the modification proceeding with respect to the '668 patent and to deny Arisa's motion to stay the modification proceeding as to the '668 patent as moot in light of the Commission's prior suspension of the remedial orders with respect 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. Issued: June 26, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-14130 Filed 6-29-18; 8:45 am] BILLING CODE 7020-02-P
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9:00 Promenades and the Man base) creating, designing or installing art, spear, sling shot, irritant gas device,
from 10:00 a.m. Sunday through the end displays, buildings, facilities or other electric stunning or immobilization
of day Tuesday, post event; items and structures in connection with device, explosive device, any
(vi) Passage through, without the event; implement designed to expel a
stopping, the public temporary closure (iv) Is an employee of a commercial projectile, switch-blade knife, any blade
area on the west or east playa roads or operation contracted to provide services which is greater than 10 inches in
from the east side of the playa to the to the event organizers and/or length from the tip of the blade to the
west and vice versa to traverse the participants authorized by the permit edge of the hilt or finger guard nearest
entirety of the playa surface. holder through a contract or agreement the blade (e.g., swords, dirks, daggers,
(vii) Support vehicles for art vehicles, and authorized by BLM through a machetes) or any other weapon the
mutant vehicles and theme camps will Special Recreation Permit. possession of which is prohibited by
be allowed to drive to and from fueling state law. Exception: This rule does not
(k) Unmanned Aircraft Systems
stations. apply in a kitchen or cooking
(3) Definitions: (1) The use of unmanned aircraft environment or where an event worker
(i) A motor vehicle is any device systems (UAS) is prohibited, unless the is wearing or utilizing a construction
designed for and capable of travel over operator is authorized through and knife for their duties at the event.
land and which is self-propelled by a complies with the Remote Control BRC (ii) Firearm means any pistol,
motor, but does not include any vehicle (RCBRC) program and operates the UAS revolver, rifle, shotgun or other device
operated on rails or any motorized in accordance with Federal laws and which is designed to, or may be readily
wheelchair. regulations, specifically the operational converted to expel a projectile by the
(ii) Motorized wheelchair means a limitations under the Small Unmanned ignition of a propellant.
self-propelled wheeled device, designed Aircraft Rule (Part 107). (iii) Discharge means the expelling of
solely for and used by a mobility- (2) Definition: a projectile from a weapon.
impaired person for locomotion. (i) Unmanned aircraft means an Enforcement: Any person who
(iii) ‘‘Trailer’’ means every vehicle aircraft operated without the possibility violates this temporary closure or any of
without motive power designed to carry of direct human intervention from these temporary restrictions may be
property or passengers wholly on its within or on the aircraft. tried before a United States Magistrate
own structure and to be drawn by a (ii) UAS is the unmanned aircraft and and fined in accordance with 18 U.S.C.
motor vehicle, this includes camp all of the associated support equipment, 3571, imprisoned no more than 12
trailers, pop-up trailers, 4′ x 7′ or larger control station, data links, telemetry, months under 43 U.S.C. 1733(a) and 43
flatbed trailers, enclosed cargo trailers, communications and navigation CFR 8360.0–7, or both. In accordance
or RV style trailers. equipment, etc., necessary to operate the with 43 CFR 8365.1–7, State or local
unmanned aircraft. officials may also impose penalties for
(i) Public Camping
violations of Nevada law.
The public temporary closure area is (l) Lasers
Authority: 43 CFR 8364.1.
closed to public camping with the (1) The possession and or use of
following exception: handheld lasers is prohibited. Mark E. Hall,
The permitted event’s ticket holders (2) Definition: A laser means any Field Manager, Black Rock Field Office,
who are camped in designated event hand held laser beam device or Winnemucca District.
areas provided by the permit holder and demonstration laser product that emits [FR Doc. 2018–14177 Filed 6–29–18; 8:45 am]
ticket holders who are camped in the a single point of light amplified by the BILLING CODE 4310–HC–P
authorized pilot camp and the permit stimulated emission of radiation that is
holder’s authorized staff, contractors visible to the human eye.
and BLM authorized event management INTERNATIONAL TRADE
(m) Weapons
related camps are exempt from this COMMISSION
closure. (1) The possession of any weapon is
prohibited except weapons within [Investigation No. 337–TA–945]
(j) Public Use motor vehicles passing, without
The public temporary closure area is stopping, through the public temporary Certain Network Devices, Related
closed to use by members of the public closure area on the designated west or Software and Components Thereof (II)
unless that person: east playa roads or from the east side of (Modification 2); Modification of
(i) Is traveling through, without the playa to the west and vice versa to Limited Exclusion Order and Cease
stopping, the public temporary closure traverse the entirety of the playa surface. and Desist Order; Termination of the
area on the west or east playa roads; (2) The discharge of any weapon is Modification Proceeding as to U.S.
possesses a valid ticket to attend the prohibited. Patent No. 6,377,577 and Suspension
event; (3) The prohibitions above shall not of the Modification Proceeding as to
(ii) Is an employee or authorized apply to county, State, tribal and U.S. Patent No. 7,224,668
volunteer with the BLM, a law Federal law enforcement personnel who AGENCY: U.S. International Trade
enforcement officer, emergency medical are working in their official capacity at Commission.
service provider, fire protection the event. ‘‘Art projects’’ that include ACTION: Notice.
provider, or another public agency weapons and are sanctioned by the
employee working at the event and that permit holder will be permitted after SUMMARY: Notice is hereby given that
daltland on DSKBBV9HB2PROD with NOTICES
individual is assigned to the event; obtaining authorization from the BLM the U.S. International Trade
(iii) Is a person working at or authorized officer. Commission has determined to modify
attending the event on behalf of the (4) Definitions: a limited exclusion order and a cease
permit holder; or is authorized by the (i) Weapon means a firearm, and desist order (‘‘the remedial orders’’)
permit holder to be onsite prior to the compressed gas or spring powered issued against Arista Networks, Inc. of
commencement of the event for the pistol or rifle, bow and arrow, cross Santa Clara, California (‘‘Arista’’) in Inv.
primary purpose of constructing, bow, blowgun, spear gun, hand-thrown No. 337–TA–945. The above-captioned
VerDate Sep<11>2014 17:40 Jun 29, 2018 Jkt 244001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1](https://thefederalregister.org/doc/83_FR_31081/page/1.svg)
![30956 Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices
relevant claims of the ’668 patent are ACTION: 60-Day notice. Permittees and Transactions Among
unpatentable. Licensees and Holders of User Permits.
On April 12, 2018, Cisco and Arista SUMMARY: The Department of Justice 3. The agency form number, if any,
filed responses to each other’s (DOJ), Bureau of Alcohol, Tobacco, and the applicable component of the
comments. Firearms and Explosives (ATF), will Department sponsoring the collection:
On April 16, 2017, Cisco filed a submit the following information Form number (if applicable): None.
response to Arista’s stay motion. collection request to the Office of Component: Bureau of Alcohol,
Having examined the record of this Management and Budget (OMB) for Tobacco, Firearms and Explosives, U.S.
modification proceeding, including the review and approval in accordance with Department of Justice.
MRD, the comments to the MRD, and the Paperwork Reduction Act of 1995. 4. Affected public who will be asked
the responses thereto, the Commission DATES: Comments are encouraged and or required to respond, as well as a brief
has determined to find that Cisco has will be accepted for 60 days until abstract:
failed to show by a preponderance of August 31, 2018. Primary: Business or other for-profit.
the evidence that Arista’s redesigned FOR FURTHER INFORMATION CONTACT: If Other (if applicable): Individuals or
products infringe claims 1, 7, 9, 10, and you have additional comments, households, and farms.
15 of the ’577 patent or that Arista has particularly with respect to the Abstract: This information collection
indirectly infringed those claim by estimated public burden or associated requires specific transactions for
contributing to or inducing infringement response time, have suggestions, need a licensee/permittees and holders of user
by its customers. Accordingly, the copy of the proposed information permits. These requirements are
Commission has determined to modify collection instrument with instructions, outlined in 27 CFR part 555.103 in order
the remedial orders to exempt Arista’s or desire any additional information, to comply with the Safe Explosives Act.
redesigned products that were the please contact Anita Scheddel, Program 5. An estimate of the total number of
subject of this modification proceeding. Analyst, Explosives Industry Programs respondents and the amount of time
The modification proceeding is Branch, either by mail 99 New York estimated for an average respondent to
terminated with respect to the ’577 Ave. NE, Washington, DC 20226, or by respond: An estimated 50,000
patent. email at eipb-informationcollection@ respondents will respond once to this
The Commission has also determined atf.gov, or by telephone at 202–648– collection, and it will take each
to suspend the modification proceeding 7158. respondent approximately 30 minutes to
with respect to the ’668 patent and to complete each response.
deny Arisa’s motion to stay the SUPPLEMENTARY INFORMATION: Written 6. An estimate of the total public
modification proceeding as to the ’668 comments and suggestions from the burden (in hours) associated with the
patent as moot in light of the public and affected agencies concerning collection: The estimated annual public
Commission’s prior suspension of the the proposed collection of information burden associated with this collection is
remedial orders with respect to the ’668 are encouraged. Your comments should 25,000 hours, which is equal to 50,000
patent. address one or more of the following (total respondents) * 1 (# of response
The authority for the Commission’s four points: per respondent) * .5 (30 minutes).
determination is contained in section —Evaluate whether the proposed If additional information is required
337 of the Tariff Act of 1930, as collection of information is necessary contact: Melody Braswell, Department
amended (19 U.S.C. 1337), and in part for the proper performance of the Clearance Officer, United States
210 of the Commission’s Rules of functions of the agency, including Department of Justice, Justice
Practice and Procedure (19 CFR part whether the information will have Management Division, Policy and
210). practical utility; Planning Staff, Two Constitution
—Evaluate the accuracy of the agency’s Square, 145 N Street NE, 3E.405A,
By order of the Commission.
estimate of the burden of the Washington, DC 20530.
Issued: June 26, 2018.
proposed collection of information, Dated: June 27, 2018.
Lisa Barton, including the validity of the
Secretary to the Commission. Melody Braswell,
methodology and assumptions used;
[FR Doc. 2018–14130 Filed 6–29–18; 8:45 am] —Evaluate whether and if so how the Department Clearance Officer for PRA, U.S.
Department of Justice.
BILLING CODE 7020–02–P quality, utility, and clarity of the
[FR Doc. 2018–14167 Filed 6–29–18; 8:45 am]
information to be collected can be
enhanced; and BILLING CODE 4410–FY–P
DEPARTMENT OF JUSTICE —Minimize the burden of the collection
of information on those who are to
Bureau of Alcohol, Tobacco, Firearms respond, including through the use of DEPARTMENT OF JUSTICE
and Explosives appropriate automated, electronic, Antitrust Division
[OMB Number 1140–0079]
mechanical, or other technological
collection techniques or other forms United States v. CRH plc, et al.:
Agency Information Collection of information technology, e.g., Proposed Final Judgment and
Activities; Proposed eCollection permitting electronic submission of Competitive Impact Statement
eComments Requested; Extension responses.
Notice is hereby given pursuant to the
Without Change of a Currently Overview of This Information Antitrust Procedures and Penalties Act,
daltland on DSKBBV9HB2PROD with NOTICES
Approved Collection; Transactions Collection 15 U.S.C. 16(b)–(h), that a proposed
Among Licensee/Permittees and
1. Type of Information Collection Final Judgment, Stipulation, and
Transactions Among Licensees and
(check justification or form 83): Competitive Impact Statement have
Holders of User Permits
Extension, without change, of a been filed with the United States
AGENCY: Bureau of Alcohol, Tobacco, currently approved collection. District Court for the District of
Firearms and Explosives, Department of 2. The Title of the Form/Collection: Columbia in United States of America v.
Justice. Transactions Among Licensee/ CRH plc, et al., Civil Action No. 1:18–
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Document Created: 2018-06-30 00:18:02
Document Modified: 2018-06-30 00:18:02
| 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 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. | |
| FR Citation | 83 FR 30954 |
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