[Federal Register Volume 84, Number 31 (Thursday, February 14, 2019)]
[Notices]
[Page 4103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02290]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-944 (Modification Proceeding)]
Certain Network Devices, Related Software and Components Thereof
(I); Notice of a Commission Determination Not To Suspend or Modify the
Remedial Orders; Termination of the Modification Proceeding
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 not to modify or suspend the remedial orders
in the above-captioned investigation. The modification proceeding is
terminated.
FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, 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 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 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; U.S. Patent No.
7,290,164 (``the '164 patent''); U.S. Patent No. 7,340,597; U.S. Patent
No. 6,741,592 (``the '592 patent''); and U.S. Patent No. 7,200,145, and
alleges that an industry in the United States exists as required by
subsection (a)(2) of section 337. The notice of investigation named
Arista Networks, Inc. (``Arista'') of Santa Clara, California as the
respondent. A Commission investigative attorney (``OUII'') is
participating 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 against
Arista. 81 FR 42375-76 (June 29, 2016).
On August 28, 2018, Cisco filed a petition pursuant to Commission
Rule 210.76, 19 CFR 210.76, to suspend the remedial orders issued in
this investigation based on a settlement agreement between Cisco and
Arista. Specifically, Cisco requested that the Commission suspend the
remedial orders subject to Arista's continued compliance with
settlement provisions relating to the removal of certain features from
its redesigned products. Neither Arista nor OUII filed a response.
On October 22, 2018, the Commission instituted this modification
proceeding and requested briefing from the parties on their positions
regarding modification of the existing remedial orders to expressly
exempt the Arista redesigned products from the scope of the remedial
orders. 83 FR 54137 (October 26, 2018). The parties filed their initial
submissions on November 1, 2018. On November 8, 2018, Cisco and Arista
filed responsive submissions.
Having considered Cisco's petition and the briefing from the
parties, the Commission has determined not to suspend the remedial
orders as requested by Cisco. The Commission has only suspended or
temporarily rescinded its orders in very limited circumstances
involving adjudication in other tribunals. The Commission has
considered the parties' filings and declines to extend the rare
circumstances in which it suspends or temporarily rescinds its remedial
orders to the circumstances presented in this investigation. For
various reasons, the redesigned products are not currently being
excluded under the limited exclusion order.
The private parties are not precluded from filing a future petition
requesting that the Commission modify its remedial orders including to
exempt the redesigned products.
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: February 8, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-02290 Filed 2-13-19; 8:45 am]
BILLING CODE 7020-02-P