Feeds

NetApp ready to rumble in Sun IP case

Hey, who took my WAFL?

Combat fraud and increase customer satisfaction

NetApp co-founder Dave Hitz has challenged Sun to come to court now and get the ZFS-WAFL IP case sorted as fast as possible.

NetApp is suing Sun for giving away what it claims is its intellectual property in the open source Zettabyte File System (ZFS). It contends that Sun includes IP from NetApp's Write Anywhere File Layout (WAFL) technology in ZFS. Sun disagrees and is counter-suing NetApp. The case is due to be tried in a northern Californian court once pre-trial activities are over.

In these Sun has assaulted the validity of NetApp patents, referring to prior art - relevant technologies pre-dating the NetApp patents - and trying to get the US Patent Office to re-examine them and, hopefully, strike them down. It has had some success here and Sun general counsel Mike Dillon has blogged about this, indicating that Sun's case is on a winning streak.

Now Dave Hitz, the holder of some of the disputed patents has blogged back suggesting that Sun is slowing things down by seeking a 'stay' in the hearing, as the Patent Office has rejected three of NetApp's patents on a preliminary basis, because it simply does not want the case to come to court. Why else should it want to delay the trial hearing?

Hitz blogs: "To me, the best indicator of strength is to look at which party wants to get on with the case (the one with a strong position), and which party consistently drags its feet and tries to delay (the one with the weak position)... If you were Sun, and if you were confident in your case, wouldn’t you want to clear the name of ZFS as quickly as possible, to reassure your customers and partners?

"By contrast, if you were NetApp, and you had no confidence in your patents, wouldn’t you try to slow things down to maintain the cloud of doubt as long as possible? "

This looks true in the common sense. Not being a US patent trial lawyer though means that it is simply not known if common sense applies here, law and common sense often being polar opposites.

At least Hitz can claim a hit in the Sun-NetApp blog wars and maybe deliver some discombobulation to Dillon. ®

3 Big data security analytics techniques

More from The Register

next story
This time it's 'Personal': new Office 365 sub covers just two devices
Redmond also brings Office into Google's back yard
Kingston DataTraveler MicroDuo: Turn your phone into a 72GB beast
USB-usiness in the front, micro-USB party in the back
AMD's 'Seattle' 64-bit ARM server chips now sampling, set to launch in late 2014
But they won't appear in SeaMicro Fabric Compute Systems anytime soon
Brit boffins use TARDIS to re-route data flows through time and space
'Traffic Assignment and Retiming Dynamics with Inherent Stability' algo can save ISPs big bucks
Microsoft's Nadella: SQL Server 2014 means we're all about data
Adds new big data tools in quest for 'ambient intelligence'
prev story

Whitepapers

Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.