Federal Circuit Upholds ITC Exclusion Order, ITC Blog

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In Cisco Systems, Inc. v. ITC, No. 16-2563 (Fed. Cir. Sept. 28, 2017), the Federal Circuit affirmed the Commission’s exclusion order entered in Certain Network Devices, Related Software and Components Thereof (I), Inv. No. 337-TA-944.

In the 944 investigation, Cisco filed a complaint asserting that Arista infringed five of its patents.  ALJ Shaw found that Arista infringed three of the five patents at issue, and the Commission affirmed.  Both parties appealed, and the Federal Circuit affirmed the ITC’s determination.  The Court agreed with the Commission’s claim construction and concluded that it had made the necessary findings.

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