Cisco vs. Huawei: Intellectual Property
Introduction
On Jan. 23, 2003, Cisco Systems, Inc. announced that it has filed a lawsuit against a Chinese equipment manufacturer, Huawei Technologies, Co., LTD and its subsidiaries, Huawei America, Inc. and FutureWei Technologies, Inc. over Huawei's unlawful copying of Cisco's intellectual property. Cisco is the worldwide leader in networking for the Internet with the headquarter located in US. Huawei, based in Shenzhen, China, is China's biggest telecommunications equipment maker, has a wide reach in Asia, and recently entered the U.S. market, challenging Cisco on the pricing front. Because the lawsuit happens between two representative companies of telecom industry in US and China respectively, so it attracts many attentions in IT industry from the beginning of Cisco's announcement.
Details of the lawsuit
Cisco's suit, filed in the United States District Court for the Eastern District of Texas, alleges that Huawei unlawfully copied and misappropriated Cisco's IOS. software, including source code, copied Cisco documentation and other copyrighted materials, and infringed numerous Cisco patents. Cisco seeks remedies to prohibit the continued misappropriation of its intellectual property by Huawei and recover damages resulting from Huawei's illegal actions.1
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...
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...p://www.chinaitlab.com/www/news/article_show.asp?id=8117
Hot discussion: Do we need to protect Huawei and against Cisco?
http://www.chinaitlab.com/www/news/article_show.asp?id=7872
Michael Singer, "3Com, Huawei join hands behind Cisco's back"
http:// www.internetnews.com/ent-news/article.php/2119621
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Cisco Designs, manufactures, and sells Internet Protocol (IP) - based networking and other products related to the communications and information technology (IT) industry and provide services associated with these products and their use. The company provides products for transporting data, voice within buildings, across campuses and globally. The products are utilized at enterprise businesses, public institutions, telecommunications companies and other service providers, commercial businesses, and personal residences. Cisco conducts its business globally and manages its business geographically. Its business is divided into the following three geographic segments: The Americans; Europe, M...
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In the Samsung case, petition consisted of seeking injunctions against Apple, a willing licensee, before the German, UK, Italian, Dutch, and French courts, aiming at banning certain Apple products from the market on the basis of several Samsung 3G SEPs which it had committed to license on FRAND terms.
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Fourteen people were killed in this horror attack. Even after two months, investigators don’t have ideas about the terrorists’ information. However, investigators found a new clue, a new iPhone in the car that belongs to terrorists. IPhone is an important point, in this case, it might relate to other planning that terrorists have, and others terrorists. Court order Apple to unlock the iPhone in order to help law enforcement agents. And the phone owner also agrees to examine it. But Apple rejects to comply it. Apple indicates their operating systems only allow the user to get access to the device. Even Apple itself don’t have ways to do it. Apple also indicates, if they do what court order them to do in this case, Apple think, their brand reputation will be damaged. The author believes that Apple is better to comply, to assist law enforcement agents. Author think Apple should consider lawfully issued court order at first, then its business
The following is a case investigation of lawsuits between Apple Inc. and Samsung Electronics regarding the design of smartphones and tablet computers between them according to German courts. In July 2011, Apple sued Samsung for patent infringement, namely through items including the Samsung Galaxy Tab 10.1. Apple claims that Samsung infringed its patents in the Galaxy line of smartphones and tablets, arguing that Samsung copied the design and esthetics of Apple's ios range of devices.
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...d. The creation of the new operating system will also create a dangerous precedent for future companies that will affect everyone negatively. The risk that will arise from this conflict could possibly allow the FBI and hackers to all Apple customers privacy. Though making the backdoor system would help the FBI obtain all necessary information regarding the San Bernardino Terrorists, this create a domino effect that will ultimately affect all people. The FBI claims that they will only use the operating system once if they receive it but prior evident proves that it will not be true. Apple has the legal right to refuse creating a new IOS software to get suspected terrorists IPhone because it will invade all privacy of all Apple customers, it will set a precedent for future companies, and the FBI will mislead Apple into believing they will not use the IOS system again.
This case has attracted so many attentions because it highlights the risks of US companies doing business in a country with level of IPP legislation which is much lower than global standards. While two countries have a great opportunity to successfully work together such regulation drawbacks create significant obstacles for this work, especially in cases when the potential risks are as high as the rewards. In this way, Chinese government has a chance to show their attitude to IP theft by real actions not just words. And if China’s leaders respond by taking appropriate actions to address this and other intellectual property cases, it would certainly signal the positive prospects for U.S.-China future cooperation.
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Cisco Systems, Inc. is a leader in networking for the internet, they develop hardware, software, and services to help create internet solutions that make internet networks possible. Cisco was founded in 1984 by a small group of computer scientists from Stanford University. They are a worldwide company with headquarters in: San Jose, California, Amsterdam Netherlands, and Singapore. Currently, they employ approximately 74,000 people throughout the world. Cisco operates on a set of values which include: change the world, intensely focus on customers, make innovation happen, win together, respect and care for each other, and always do the right thing. They show these values through global involvement in education, community, and philanthropic efforts. (Cisco, 2004)
The single mention of its portentous name highlights Apple as the largest and most profitable IT organization on the planet. Even amidst the ubiquitous competition in the digital world, Apple manages to overwhelm its most formidable of foes, such as Samsung, LG, and Android through shear net worth and ability to produce and distribute more products. With approximately $200 billion in estimated assets, this monstrous company has already achieve the legendary status of being one of the most wealthy, powerful, and largest companies in the world, giving it little incentive to dedicate its precious time and resources to undermine flamboyant competition. But a smaller, elusive company dubbed as Xiaomi has make its stake over most of China, as it has reaped over $45 billion in assets in its first five years and has ever since doubled its assets every quarter term. Overwhelmed by such a sudden spurts of success, Xiaomi expanded into China’s neighboring countries, including New Delhi, India. In the first fifteen seconds of its grand
LAN TIMES; June 1995, v12 n12 p44 "Sun, Netscape to wake up Web users" Raynovich, R. Scott