Cisco wins narrow ruling against Huawei

CIsco is claiming patent infringement

A U.S. federal judge on Friday temporarily blocked Chinese router vendor Huawei Technologies Co. and two related companies from distributing software and user manuals related to Cisco Systems Inc. software or having employees familiar with that software develop similar products.

Cisco sued Huawei, Huawei America Inc. and FutureWei Inc. in January (see story), charging that the companies had copied and misappropriated Cisco software, copied copyrighted Cisco manuals and infringed Cisco patents. Huawei, based in Shenzhen, China, competes with Cisco in the worldwide market for enterprise and service-provider routers and is a recent entrant to the U.S. market.

The preliminary injunction by Judge T. John Ward of the U.S. District Court for the Eastern District of Texas, in Marshall, doesn't end the case but defines what Huawei can't do while Cisco's complaints are being weighed.

The injunction keeps Huawei from doing three things:

  • Selling or using, worldwide, any operating system that contains or is derived from Cisco's Enhanced Interior Gateway Routing Protocol (EIGRP) source code.
  • Using any employee who recently worked with EIGRP in the development of comparable functionality in Huawei's Versatile Route Platform software.
  • Distributing in the U.S. manuals or online help files that copy or are substantially similar to copyrighted Cisco manuals or help files.

Both sides welcomed the injunction.

"With this ruling, the Court found that the extraordinary circumstances surrounding Huawei's blatant copying of Cisco's intellectual property warrant an equally extraordinary remedy," Cisco said in a statement attributed to Mark Chandler, vice president and general counsel. In the next phase of the case, Cisco looks forward to having Huawei's source code reviewed to determine the full extent of the copying, the statement said.

Huawei said the ruling was narrow and related to past products.

"Nothing in the preliminary injunction relates at all to new versions of the products. Before Cisco initiated its legal action against Huawei, the company had already taken good-faith, voluntary action to proactively remove from the U.S. market the obsolete products outlined in the injunction," Huawei said in a written statement.

Copyright © 2003 IDG Communications, Inc.

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