[AusNOG] News: Email from HP re Arista vs. Cisco

[Skeeve Stevens]

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Please click here
<http://hpepartnercommunication-ext.glb.itcs.hpe.com/ecomm/view_email.asp?eid=10159808&mid=4a075acd-2d75-406d-a16f-ad039c3301c6>if
you cannot view this email


*Update concerning the Cisco and Arista litigation*

ATTN: HPE Sales and Channel Partners


Dear HPE Partner,

As you may know, in December 2014 Cisco commenced a litigation campaign
against our partner Arista by instituting two ITC investigations and two
district court lawsuits related to alleged infringement of Cisco patents
and copyrights by Arista products. Recent developments in this case are
likely to receive media attention, so we wanted to share this communication
with you.

On August 22, 2016, a limited exclusion order took effect in the first of
the two ITC investigations (the “944 investigation”), prohibiting Arista
from importing or selling after importation products that infringe any of
three Cisco patents: two asserted against PVLANs and one asserted against
the manner in which Arista’s EOS agents interact with Arista’s Sysdb. In
response to this decision, Arista undertook an extensive redesign of EOS
removing PVLANs and modifying the accused EOS agent-to-SysDB
communications. In addition, Arista sought a ruling from U.S. Customs and
Border Protection (“CBP”) that its redesigned EOS did not infringe the
three patents at issue. On November 18, 2016, CBP issued a ruling that
Arista’s redesigned EOS did not infringe. Accordingly, the CBP permitted
Arista to resume importation of the redesigned products into the United
States.

On Friday evening, January 13, 2017, CBP informed Arista that it was
granting Cisco’s request to revoke CBP’s previously-issued ruling in the
944 Investigation. According to Arista, CBP has not ruled that Arista's
products infringe but instead “has expressed concern that its original
ruling was incorrect, based on input provided by Cisco.” Arista has further
pointed out that “Arista has not yet responded to Cisco's arguments and has
not yet had an opportunity to address any concerns [CBP] may have as a
result of those arguments." Arista has made clear its intention to engage
with CBP to address Cisco’s arguments and obtain approval for its
redesigned EOS. The full text of Arista’s comments on this situation are
available for viewing at the button below:
Arista’s comments
<http://s2.q4cdn.com/209832288/files/doc_downloads/Legal/2017/ITC-944-Update-January-15-2017.pdf>


Since the beginning of the litigation, Arista has publicly committed to the
continued lawful supply of products to its customers, including the use of
domestic manufacturing sources to fulfill orders. Arista remains firm in
the commitment. HPE and Arista will work together closely to ensure that
HPE customers are serviced without disruption.

We cannot thank you enough for your unwavering support. Arista continues to
be HPE’s preferred partner for Software Defined Networking across the
Enterprise and Service Provider segments. We strongly value the joint HPE /
Arista partnership that was formed to deliver best of breed infrastructure
to our joint customers, building on HPE’s position as #1 Cloud
infrastructure vendor, and Arista’s position as the fastest growing Data
Center Networking solutions provider. We are committed to the success and
stability of our customers and will continue to deliver Arista’s
programmability, automation, telemetry and reliability at scale. These are
key elements in our vision to be the industry's leading provider of hybrid
IT, built on the secure, next-generation, software-defined infrastructure
that will run customers' data centers today, bridge to multi-cloud
environments tomorrow, and power the emerging intelligent edge that will
run campus, branch and Industrial loT applications for decades to come. All
delivered through a world class services capability.

We need to continue to stay focused on our customers and partners while
these issues are being worked. Please continue to sell confidently our
joint HPE-Arista solutions.

If you have any questions regarding this litigation, please contact Dominic
Wilde <dominic.m.wilde at hpe.com>.

Best,

*Peter Ryan *
Chief Sales Officer,
Enterprise Group

*Dominic Wilde *
VP & GM Data Center Networking
Data Center Infrastructure Group (DCIG)

* For more information concerning the Cisco and Arista litigation please
see this page
<http://hpepartnercommunication-ext.glb.itcs.hpe.com/ecomm/redirect.asp?tr=12008918&t=1&id=4a075acd-2d75-406d-a16f-ad039c3301c6&URL_Param=http%3a%2f%2finvestors.arista.com%2fcompany%2finvestors-relations%2fLegal-Proceedings-Schedule%2f>
.

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...Skeeve

*Skeeve Stevens - Founder & The Architect* - eintellego Networks Pty Ltd
Email: skeeve at eintellegonetworks.com ; Web: eintellegonetworks.com

Cell +61 (0)414 753 383 ; Skype: skeeve ; LinkedIn: /in/skeeve
<http://linkedin.com/in/skeeve> ; Expert360: Profile
<https://expert360.com/profile/d54a9> ; Keybase: https://keybase.io/skeeve
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