Huawei fires back at Cisco

Stands by its man and claims Cisco violated confidentiality provision of litigation agreement

Huawei fired back at Cisco after Cisco's chief counsel stated that its Chinese rival misstated the findings of intellectual property infringement litigation between the two companies 10 years ago. In a blog post last week, Cisco General Counsel Mark Chandler accused Huawei of misstating the facts about the case in recent remarks by its chief representative in the U.S.

The litigation centered around Huawei's unauthorized use of Cisco source code in Huawei routers.

Late last week, Huawei Spokesperson Bill Plummer returned fire as noted here in a post by The Hill. In it, Plummer indicated that Cisco and Chandler may have violated provisions of the lawsuit agreement between the two companies by publicly disclosing the excerpts of a neutral expert's report on the case:

"We do not believe that our witness at the recent congressional hearing violated the agreement between Cisco and Huawei, which had a negotiated confidentiality provision in it," Plummer said. "However, Mr. Chandler's selective and misleading cropping of a confidential report from the neutral expert may indeed have violated that provision."

Chandler stated in his post that Cisco had the right and chose to waive its confidentiality pledge to set the record straight after Huawei's alleged misstatements. Those statements, made three weeks ago by  Huawei Senior Vice President and Chief Representative Charles Ding, sought to absolve Huawei of any infringement of Cisco intellectual property by claiming that Cisco dropped the case after reviewing Huawei's source code, which Ding claimed came from a third party and was available on the Internet.

"The agreement that ended that lawsuit allows either party to make a reasonable response to improper or impermissible statements by the other," Chandler blogged. "Mr. Ding's statements of two weeks ago indeed misstate the facts and therefore merit a direct, factually accurate and proportionate response."

Chandler then listed several verbatim points from the neutral expert's report to support his claim against Ding.

Plummer said Chandler's excerpts of the report are taken "out of context" and "do not accurately describe the result of the litigation." As a result, he said Huawei is looking at ways to "ensure that the public has a more accurate description."  

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