Cisco Files Lawsuit Against Huawei Technologies; Suit Seeks to Prohibit Copying of Cisco's Intellectual Property.Business Editors/High-Tech Writers SAN JOSE San Jose, city, United States San Jose (sănəzā`, săn hōzā`), city (1990 pop. 782,248), seat of Santa Clara co., W central Calif.; founded 1777, inc. 1850. , Calif.--(BUSINESS WIRE)--Jan. 23, 2003 Cisco Systems “Cisco” redirects here. For other uses, see Cisco (disambiguation). Cisco System,Inc. (NASDAQ: CSCO, HKSE: 4333 ) is an American multinational corporation with 54,000 employees and annual revenue of US $28.48 billion as of 2006. , Inc. (Nasdaq:CSCO CSCO Cisco Systems Incorporated (stock symbol) CSCO Chief Supply Chain Officer ), today announced that it has filed a lawsuit against Huawei Technologies, Co., LTD LTD 1 Laron-type dwarfism 2 Leukotriene D 3 Long-term depression, see there 4. Long-term disability and its subsidiaries, Huawei America, Inc. and FutureWei Technologies, Inc. over Huawei's unlawful copying of Cisco's intellectual property. Cisco's suit, filed in the United States District Court for the Eastern District of Texas The United States District Court for the Eastern District of Texas is the Federal district court with jurisdiction over the eastern part of Texas and is a part of the Fifth Circuit. The court's headquarters are in Tyler, Texas and has five subdivision offices. , alleges that Huawei unlawfully copied and misappropriated mis·ap·pro·pri·ate tr.v. mis·ap·pro·pri·at·ed, mis·ap·pro·pri·at·ing, mis·ap·pro·pri·ates 1. a. To appropriate wrongly: misappropriating the theories of social science. Cisco's IOS (1) (Internetwork Operating System) An operating system from Cisco that is the primary control program used in its routers. IOS is widely used and robust system software that supports the common functions of all products under Cisco's CiscoFusion architecture. (R) software, including source code, copied Cisco documentation and other copyrighted materials, and infringed numerous Cisco patents. Cisco seeks remedies to prohibit the continued misappropriation misappropriation n. the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate, or by any of its intellectual property by Huawei and recover damages resulting from Huawei's illegal actions. Cisco also served a cease and desist Cease and desist (also called C & D) is a legal term used primarily in the United States which essentially means "to halt" or "to end" an action ("cease") and to refrain from doing it again in the future ("desist"). letter on Spot Distribution, a Huawei distributor located in the United Kingdom, for distributing Huawei products that copy Cisco's intellectual property. "Cisco's technological leadership is the result of significant investment in research and development, and it is Cisco's responsibility to protect its intellectual property," said Mark Chandler, Vice President and General Counsel, Cisco Systems, Inc. "Cisco does not take any legal action lightly. However, Huawei has unlawfully copied Cisco's intellectual property and refused Cisco's numerous attempts to resolve these issues. As a result, Cisco has no choice but to protect its technology and the interests of its shareholders through legal action." Cisco's complaint addresses the following claims: -- Copying of IOS source code: Cisco alleges that Huawei has copied portions of the Cisco IOS source code and included the technology in its operating system for its Quidway routers and switches. Huawei's operating system contains a number of text strings, file names, and bugs that are identical to those found in Cisco's IOS source code. -- Copying of Cisco's technical documentation: Cisco alleges that Huawei has copied extensively from Cisco's copyrighted technical documentation and included whole portions of Cisco's text in Huawei's user manuals for Quidway routers and switches. -- Copying of Command Line Interface: Cisco alleges that Huawei has copied Cisco's Command Line Interface (CLI) and corresponding screen displays. CLI, a key component of Cisco's copyrighted IOS software, is the user interface that enables users to communicate with the routers. Extensive portions of Cisco's CLI and help screens appear verbatim in Huawei's operating system for its Quidway routers and switches. -- Patent infringement: Cisco alleges that Huawei is infringing at least five Cisco patents related to proprietary routing protocols and has included these technologies in its Quidway routers and switches. "Innovation and competition are the lifeblood of our industry and must be preserved. But copying is not innovation and the misappropriation of intellectual property is not competition," Chandler continued. Cisco is seeking a preliminary and permanent injunction permanent injunction n. a final order of a court that a person or entity refrain from certain activities permanently or take certain actions (usually to correct a nuisance) until completed. prohibiting Huawei from using, selling, marketing, or distributing versions of their Quidway routers and switches that infringe Cisco's intellectual property. Cisco also is seeking monetary damages Monetary damages, in civil law, refers to compensation given to an injured party by a liable party. Monetary damages may be restitution, a penalty, or both. as compensation for Huawei's misappropriation of Cisco's intellectual property. A copy of Cisco's complaint can be found at http://newsroom.cisco.com/dlls/filing.pdf. About Cisco Systems Cisco Systems, Inc. (Nasdaq:CSCO) is the worldwide leader in networking for the Internet. Information on Cisco can be found at http://www.cisco.com. For ongoing news, please go to http://newsroom.cisco.com. Cisco, Cisco Systems, and the Cisco Systems logo are registered trademarks of Cisco Systems, Inc. and/or its affiliates in the U.S. and certain other countries. All other trademarks mentioned in this document are the property of their respective owners. |
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