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Will Cisco sit out an appeal in the Infra-Comm case?

Cisco Systems hasn’t yet filed for an appeal in the Infra-Comm case and it only has about six weeks left to do so.

Judge Gregory H. Lewis in Superior Court of Orange County (Calif.) ruled on behalf of Infra-Comm October 27 after a jury decided unanimously to award nearly $6.4 million to value-added reseller (VAR) Infra-Comm. The VAR sued Cisco for handing off a deal that it had already registered to another preferred partner, then kicking the smaller partner out of the channel program. Lewis ultimately found that Cisco breached both deal registration and channel membership contracts.

Cisco had 60 to 90 days from October 27 to file an appeal, leaving the company until the end of January to make a move.

Infra-Comm owner Luke Hosinksi won’t comment on the case for now, most likely in order to avoid altering the outcome in the case. But sources in the Infra-Comm camp don’t predict an appeal.

Cisco is not known to give up easily in court and said at the time of the ruling that it would consider an appeal. Cisco maintained throughout the trial that the customer chose on its own to go with the other solution provider (AT&T) over Infra-Comm.

So why would Cisco sit this one out?

For one, the Infra-Comm suit brought Cisco nothing but endless bad press. Legions of channel partners weighed in publicly on message boards and in news stories about their own experiences getting shafted by Cisco and other vendors on registered deals. Testimony in the case also brought to light Cisco internal policy that some believe enables preferred partners to get more deals than their counterparts.

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