Networking vendor 3Com is confident the products it will ship in partnership with Huawei Technologies are "substantially different" from those in the dispute between the Chinese vendor and Cisco.
To demonstrate, the networking vendor has filed a motion with the US court for the Eastern District of Texas to intervene in the litigation between Cisco and Huawei.
"3Com is taking this action in preparation for the launch of its 3Com-Huawei joint venture, and as it plans in the interim to begin shipping products from Huawei on an original equipment manufacturer basis until the joint venture is operational," said a statement from 3Com.
"3Com and Huawei have therefore asked the court to make a declaratory ruling regarding the validity and originality of the intellectual property behind designed products to be sold by 3Com."
The companies are working jointly on networking equipment targeted at the large enterprise market.
The venture arose amid Huawei's involvement in a copyright infringement lawsuit with Cisco which began in January, although 3Com said it began its talks with Huawei in June 2002.
Additionally Huawei has filed an amended counterclaim for "declaratory relief" that the new products do not infringe Cisco's intellectual property.
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