Wednesday, October 18, 2017

CAFC affirms ITC in Cisco/Arista matter

From the case

Cisco argues that inferring is a form of detection, and therefore Arista’s products infringe. The Commission, however, had before it evidence that showed that the accused functionality, ProcMgr, has no access to a subsystem’s configuration, and thus cannot definitely know whether a configuration has changed. For example, the ProcMgr system does “not have access to each agent’s configuration. Instead, ProcMgr only determines the last time the heartbeat file was updated.” J.A. 541. Evidence showed that ProcMgr can only infer a change but it does not know what the change was, only that a change may have occurred. J.A. 6070–71. Where, like here, there is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion,” we affirm the Commission’s noninfringement determination. Consol. Edison Co. v. NLRB, 305 U.S. 197, 229 (1938). Because we affirm the Commission’s finding of no violation with respect to the ’597 patent, we do not reach Arista’s “alternative ground” for affirmance that the Commission should have reversed the ALJ’s determination that assignor estoppel barred Arista from challenging the ’597 patent under 35 U.S.C. § 101.


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