UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
FORM 8-K
 
CURRENT REPORT
 
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
 
Date of Report (date of earliest event reported): April 7, 2017
 
ARISTA NETWORKS, INC.
(Exact name of registrant as specified in its charter)
 
Delaware
 
001-36468
 
20-1751121
(State or other jurisdiction of
incorporation)
 
(Commission File No.)
 
(IRS Employer Identification
Number)

 
5453 Great America Parkway
Santa Clara, CA 95054
(Address of principal executive offices)
 
(408) 547-5500
(Registrant’s telephone number, including area code)

Not Applicable
(Former name or former address, if changed since last report)
 


Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instructions A.2. below):

[_] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

[_] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

[_] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

[_] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))





ITEM 8.01 Other Events

On April 7, 2017, Arista Networks, Inc. (“Arista” or the “Company”) received a letter from U.S. Customs and Border Protection (“CPB”) ruling that the Company’s current products which contain its redesigned Extensible Operating System (“EOS”) (4.16 or later) are not within the scope of the limited exclusion order issued by the United States International Trade Commission (“ITC”) in Investigation No. 337-TA-944 (the “944 Investigation”) and therefore may be imported into the United States. This follows the decision by CBP on January 13, 2017 to revoke its prior ruling issued on November 18, 2016 that the redesigned products were outside of the scope of the limited exclusion order in order to allow both parties to present their arguments in an inter partes proceeding.

Cisco Systems, Inc. (“Cisco”) initially filed a complaint in the 944 Investigation accusing Arista of infringing six patents (U.S. Patents 7,290,164, 7,340,597, 8,356,296, 6,741,592, 7,200,145 and 7,162,537) relating to five different features of Arista’s EOS. For three of the patents (‘164, ‘597 and ‘296), Cisco’s accusations were either dropped or rejected by the ITC. In its Final Determination, dated June 23, 2016, the ITC determined that the prior versions of EOS contained two features that infringed three patents (‘592, ‘145 and ‘537) and issued a limited exclusion order and a cease and desist order that prohibited Arista from importing or selling infringing products into the United States. To address the ITC’s findings, Arista released a new version of EOS (4.16 or later) for its products, which CBP has determined is not covered by the claims of the ‘592, ‘145 or ‘537 patents.

Pursuant to applicable regulations, CBP’s ruling may be modified or revoked if found to be in error, not in accordance with the current views of CBP or in conflict with any future ITC findings.

CBP has issued instructions to the U.S. ports to permit entry of the Company’s redesigned products for consumption and sale in the United States.

On August 26, 2016, Cisco filed an enforcement action against Arista with the ITC asserting that Arista is violating the cease and desist order in the 944 Investigation. This investigation only involves the ‘537 patent. Both parties participated in a hearing for this matter on April 5, 2017. The administrative law judge’s initial determination on this matter is expected on June 20, 2017, and the ITC’s final determination is expected on September 20, 2017.





SIGNATURES
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 
ARISTA NETWORKS, INC.
 
 
April 11, 2017
By: /s/ Marc Taxay
 
 
Marc Taxay
 
Senior Vice President and General Counsel
 
 




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