Marc Taxay
Analyst · Steve Milunovich with UBS
Sure, Jayshree. Just to briefly update everyone on the status of the investigation. As you point out, starting with the 944 investigation, the administrative law judge did an issue -- issued an initial determination in that case on February 2. As a reminder, that case originally had 6 patents in it, 1 was dropped, so there were 5 remaining. Of the 5 remaining patents, 3 of them, the judge found that we infringed and 2 he found that we did not. It's important to note that of the 3 patents that were in question, they actually relate to only 2 features. The first addresses the manner in which our agents communicate state to SysDB, and the second relates to our implementation of private VLANs.
We've said this before, and we'll repeat it here, Cisco is not asserted, and the judge didn't find in this case, that EOS contains any Cisco code. It's also important to note that PVLANs is a common feature that's offered by nearly all network switch vendors today. Going forward, we're seeking commission review of the infringement findings in the initial determination. The ITC will consider our arguments as well as Cisco's and issue its final determination on June 2. If the ITC finds a violation and issues remedial orders, that then goes to the U.S. Trade representative, who will consider whether -- to veto those orders during the 60-day presidential review period. That period will end on August 2.
We're going to continue to make our case to the ITC, of course. And as a mitigation strategy, we're also going to be in the process of developing technical workarounds for these patents, as Jayshree mentioned. We are very confident in those workarounds. And if the ITC does issue an exclusion order as part of this process, we'll seek to obtain customs' approval that the workarounds are outside the scope of the orders in order for us to continue the uninterrupted importation of products. This will be a time-critical exercise needing strong execution.
Of course, Arista will respect the final determination of the ITC. If the final determination is adverse, we'll work in good faith to implement the workaround so that, to the best of our knowledge, all products supplied to customers will be non-infringing.
Now with respect to the 945 investigation, that's still under review by the ALJ. The administrative law judge will issue her initial determination on April 26. That decision will then be subject to review by the commission, and we expect for them to issue a final determination and any remedial orders for that case on August 26. That then goes to the presidential review for the 945, and it would end on October 26.