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ARTICLE · 15 NOVEMBER 2017

Limited Exclusion Order Does Not Require Specific Findings As To Components

The claim construction issue arose in the context of a patent that addresses a multiple dependency problem in network devices.

United StatesIntellectual Property

The US Court of Appeals for the Federal Circuit affirmed a limited exclusion order issued by the International Trade Commission (ITC) against infringing "network devices, related software and components thereof," finding no requirement that the ITC make specific findings regarding components of the accused products. Arista Networks, Inc. v. International Trade Commission, Case No. 16-2539 (Fed Cir., Sept. 27, 2017) (Reyna, J).

The ITC instituted a § 337 investigation in response to a complaint by Cisco alleging that Arista's imports of certain network devices, related software and components thereof infringed six of Cisco's patents. The administrative law judge (ALJ) issued a final initial determination finding a violation with respect to three of the six asserted patents (one had been withdrawn). Cisco and Arista each asked for ITC review. In its final determination, the ITC determined that Arista infringed the asserted claims of three of the remaining five patents,

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