"During closing arguments, Arista's lawyer Robert Van Nest described Cisco's CLI as using simple, uncreative phrases, according to a report in Law360. He called the commands unoriginal and noted that they were based on 40-year-old technology from older systems. By finding in favor of a "scènes à faire" defense, the jury has shown that those arguments, questioning the creativity behind CLI, had a strong effect.
Van Nest, whose firm defended Google earlier this year in its second trial against Oracle, presented three possible copyright defenses under which jurors might find in his favor: fair use, merger, and scènes à faire. The jury said that only scènes à faire weighed in Arista's favor."
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