Final Written Decision Not So Final In Eyes Of The ITC

The ITC recently continued its trend of giving little deference to parallel PTAB IPR proceedings. In Certain Network Devices, Related Software and Components Thereof (II), Inv. No. 337-TA-945, the ITC denied a request to suspend or rescind a limited exclusion order (LEO) and a cease and desist order (CDO) pending appeal of recent PTAB final written decisions finding all claims of the asserted patents unpatentable.

In the ITC investigation, Cisco Systems, Inc. accused Arista Networks, Inc. of infringing six patents including U.S. Patent Nos. 7,224,668 ("the '668 patent") and 6,377,577 ("the '577 patent"). As part of its defense against the infringement allegations, Arista petitioned the PTAB for IPR of the '668 and '577 patents. The Commission ultimately found that Arista violated § 337 as to both the '668 and '577 patents. The ITC entered the remedial orders on May 4, 2017. Soon thereafter, the PTAB issued separate final written decisions finding all claims of the