On September 1, 2017, Unified Patents filed an amici brief in Cisco Systems, Inc. v. International Trade Commission and Arista Networks, Inc. v. International Trade Commission, Case Nos. 2017-2289, -2351, currently pending before the Federal Circuit. The brief emphasizes the significance of decisions issued by the Patent Trial and Appeal Board ("PTAB") and the strong public interest in preventing the enforcement of invalid patents. The brief was joined by a diverse group of companies including HP, Vizio, and a coalition of auto manufacturers and cable technology companies. A brief summary of the case and a copy of the amici brief is provided below.
On May 4, 2017 the International Trade Commission ("ITC") issued a limited exclusion order banning Arista from importing for sale its line of ethernet switches based on the conclusion that Arista's products infringed two patents owned by Cisco. Less than a month later, the PTAB issued a final decision in Arista's inter partes review challenge where the Board found Cisco's patents invalid. Despite the PTAB's ruling, the ITC failed to stay enforcement of its orders thereby prompting Arista to file an emergency appeal with the Federal Circuit.