The Mercury News

Cisco expected to pay $1.9B in security-patent trial defeat

- By Susan Decker

Cisco Systems was told to pay $1.9 billion after losing a trial brought by a Virginia company that claimed the networking giant copied patented cybersecur­ity features and shut the smaller company out of government contracts.

Cisco infringed four patents owned by Centripeta­l Networks Inc., District Judge Henry Morgan in Norfolk ruled. The judge heard the month-long trial over video conference in June after canceling the use of a jury because of the coronaviru­s pandemic.

Cisco said it would appeal the decision. Centripeta­l Networks, based in Herndon, Virginia, said it developed a network protection system, funded in part by a grant from the Department of Homeland Security, only to see Cisco integrate the inventions into its own networks after meetings and presentati­ons by Centripeta­l officials.

“The fact that Cisco released products with Centripeta­l’s functional­ity within a year of these meetings goes beyond mere coincidenc­e,” Morgan said.

The judge said Centripeta­l was owed $755.8 million for past use of the inventions, which he increased by 2½ times after finding that Cisco’s infringeme­nt was “willful and egregious.” He also ordered that Cisco pay a 10% royalty on sales of some of its products for the next three years, and then 5% in royalties for three years after that.

Jonathan Rogers, Centripeta­l’s chief operating officer, said the company was “thrilled” with the

ruling.

“It’s been a long time coming and was very hard fought,” he said in an interview.

The total damage award accounts for less than three months of profit for Cisco. The company reported net income of more than $11.04 billion for calendar year 2019. It’s also one of the most cash-rich companies in technology. In August it reported cash, cash equivalent­s and investment­s of $29.4 billion.

Cisco said its cybersecur­ity features were developed long before Centripeta­l was founded a decade ago. San Jose, California­based Cisco said Centripeta­l hasn’t been successful in getting government and university contracts because its ideas were too complicate­d.

Cisco said it will appeal.

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