83 FR 47641 - Certain Network Devices, Related Software and Components Thereof (I): Commission Decision To Terminate the Enforcement Proceeding Based on Settlement

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 183 (September 20, 2018)

Notice is hereby given that the U.S. International Trade Commission has determined to grant the private parties' joint motion to terminate the enforcement proceeding based on settlement. The enforcement proceeding is terminated.

[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Notices]
[Page 47641]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20473]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-944 (Enforcement Proceeding)]


Certain Network Devices, Related Software and Components Thereof 
(I): Commission Decision To Terminate the Enforcement Proceeding Based 
on Settlement

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 grant the private parties' joint motion to 
terminate the enforcement proceeding based on settlement. The 
enforcement proceeding is terminated.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., 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 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 the underlying 
investigation on January 27, 2015, based on a complaint filed on behalf 
of Cisco Systems, Inc. (``Cisco'') of San Jose, California. 80 FR 4314-
15 (Jan. 27, 2015). The complaint alleges violations of section 337 
based upon the importation into the United States, the sale for 
importation, and the 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 No. 7,162,537 
(``the '537 patent''); U.S. Patent No. 8,356,296 (``the '296 patent''); 
U.S. Patent No. 7,290,164 (``the '164 patent''); U.S. Patent No. 
7,340,597 (``the '597 patent''); U.S. Patent No. 6,741,592 (``the '592 
patent''); and U.S. Patent No. 7,200,145 (``the '145 patent''), and 
alleges that an industry in the United States exists as required by 
subsection (a)(2) of section 337. The '296 patent was withdrawn from 
the investigation. The notice of investigation named Arista Networks, 
Inc. (``Arista'') of Santa Clara, California as the respondent. A 
Commission investigative attorney participated in the investigation.
    On June 23, 2016, the Commission found that a Section 337 violation 
had occurred as to the '537, '592, and '145 patents and therefore 
issued a limited exclusion order and a cease and desist order (``CDO'') 
against Arista. 81 FR 42375-76 (June 29, 2016).
    On August 26, 2016, Cisco filed an enforcement complaint alleging 
that Arista had violated the June 23, 2016 CDO by reason of 
infringement of the '537 patent. The Commission instituted this 
enforcement proceeding on October 4, 2016, based on Cisco's complaint. 
81 FR 68455 (Oct. 4, 2016).
    On August 24, 2018, Cisco and Arista filed a joint motion to 
terminate the enforcement proceeding based on settlement. The motion 
includes both confidential and public versions of a binding term sheet, 
and the parties represent that there are no other agreements, written 
or oral, express or implied between them concerning the subject matter 
of the proceeding. The parties also contend that the termination of the 
investigation would not adversely affect the public interest.
    The Commission has determined to grant the joint motion. The 
Commission finds that the private parties have complied with the 
Commission's Rules, and that termination of the enforcement proceeding 
would not adversely affect the public interest. The proceeding is 
terminated.
    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: September 17, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-20473 Filed 9-19-18; 8:45 am]
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