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withdrawn).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,