Sun plans to countersue NetApp

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| Consequently, "Later this week, we're going to use our defensive portfolio to
| respond to Network Appliance, filing a comprehensive reciprocal suit. As a
| part of this suit, we are requesting a permanent injunction to remove all of
| their filer products from the marketplace, and are examining the original NFS
| license--on which Network Appliance was started," Schwartz said.

ZFS Puts Net App Viability at Risk?


NetApp/Sun lawsuit seen as open-source test case

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| NetApp contends that Sun's ZFS file system technology, which was donated to
| the open-source community earlier this year, infringes on
| seven NetApp patents.

Sun calls NetApp's blog bluff...with open a blog

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| I know nothing about the validity of either side's patent claims. Only a
| judge (or, more likely, a settlement) will elucidate either claim. But I have
| watched Microsoft respond to open source with patent FUD, and I'm willing to
| believe that others will fight back in this same way. I don't know that
| NetApp is--Hitz argues pretty persuasively that there were other reasons
| involved--but I do believe that any company that relies on an old way of
| selling its software needs to respond to the open-source threat. * * *
| Patent suits are one way to do that. An ugly, and ultimately futile way, but
| a way nonetheless.