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Sun Microsystems' legal counsel disclosed in the blogosphere Thursday that efforts to settle a patent infringement lawsuit filed against the firm by NetApp have so far been unsuccessful.
NetApp had filed the lawsuit last September alleging that Sun's ZFS file system technology infringes on seven of its patents.
In a blog post Thursday, Mike Dillon, Sun's executive vice president and general counsel, said that a settlement conference held Wednesday in the Northern District Court of California was "rather brief" and that "unfortunately, we weren't able to resolve the dispute."
NetApp declined comment on the blog post. When contacted, Dillon refused to answer questions about the post.
NetApp filed the lawsuit against Sun last year in US District Court in Lufkin, Texas, seeking unspecified compensatory damages and an injunction that would prohibit Sun from developing or distributing products based on its ZFS file system technology.
In his post, Dillon said that the US Patent and Trademark Office has re-opened the patent examination process on five NetApp patents included in the lawsuit at Sun's request. He added that Sun has so far convinced the patent office to reject one of the disputed patents.
Sun has since filed three lawsuits charging NetApp with violating multiple Sun patents. The third was filed after NetApp acquired Onaro in January.
Dillon contended in his post that NetApp has infringed on 22 Sun patents in a variety of products, including the FAS6000, FAS9000, FAS3000 and FAS2000 storage arrays, the V6000 virtualization system, the MetroCluster and SnapMirror disaster recovery software, the NearStore Virtual Tape Library and FAS platforms with SATA drives, noted Dillon.
Analysts have predicted that the NetApp and Sun legal skirmish over ZFS could escalate into a major test case for open-source software. In an April court filing against a Sun motion for partial stay in the lawsuit, NetApp founder Dave Hitz said he is "painfully aware that IP litigation is not favorably viewed by many members of the open-source community." In the court document, Hitz accused Sun of launching a smear campaign by contending that NetApp is stifling open-source efforts.
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Prioritizing Services with IT Service Management (ITSM)
Computerworld Live Webinar
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Computerworld Live Podcast #97: The Future of Enterprise Networking 25/07/2008 09:45:36
This week CW Live chats with Mark Thompson, global sales and marketing manager for HP ProCurve, on the future of the enterprise networking. Mark discusses the trends we can expect to see in the near future and how the right infrastructure can ensure your enterprise network is secure. - +
Computerworld Live Podcast #96: Security at the Edge 11/06/2008 09:22:22
CW Live speaks with Amol Mitra, HP ProCurve Director of Marketing for Asia Pacific and Japan. Today's topic: how enterprises are starting to shift away from simply controlling security via server logins, firewalls and moving to more adaptive security frameworks. - +
Data Management Edition #10: Multi-Petascale Systems 02/05/2008 09:12:33
This week we look at sustainability and the development of multicore technologies to build multi-petascale systems. - +
IT Security Edition #11: How to poison the Storm botnet 01/05/2008 08:51:55
This week CW Live presents a case study on how to poison the notorious Storm botnet . Plus we take a look at Cisco's plans for Ironport. - +
IT Security Edition #10: Cyber-battles fought and won 24/04/2008 11:09:47
Vendors bow to end user pressure to improve product security, and we take a look at the latest concepts shaping the cyber-battlefield of the future.
Viva la Verticals! Key to Vendor Growth is Through Vertical Market Opportunities, Says IDC 2008-09-05 11:05:00+10
F-Secure delivers fastest protection in the online world 2008-09-04 16:50:00+10
NETGEAR expands ProSafe team as business-class products take off in SME market 2008-09-04 16:27:00+10
Rogue security apps dominate Fortinet's Aug 2008 IT threat report 2008-09-04 16:00:00+10
Adaptec Intelligent Power Management Reduces Storage Power Consumption Up to 70 Percent 2008-09-04 11:28:00+10
Radicati Market Quadrant 2008 on Corporate Web Security
An Analysis of the Market for Corporate Web Security Solutions, revealing Top Players, Mature Players, Specialists and Trail Blazers. Read on to discover who makes the grade.









