NetApp Sues Sun

NetApp is suing Sun, alleging that Sun's ZFS file system violates 7 of NetApp's patents. I haven't read the complaint, but they talk about Snapshots and other areas that NetApp has had since they have been around.

They want an injunction and they want damages.

This will be interesting – not only because of the obvious money issues and ability to potentially hurt Sun in the market, but let's face it – everyone now has some form of Snapshot and other high-end file system features that NetApp has made a pretty darn good living on for a long time. That makes the implications much broader, and thus far more interesting. Unfortunately, these things take forever to get to trial at which point it's a total crapshoot, because you end up with a plumber and a limo driver having to decide ridiculously technical issues. Plus, the case was filed in Texas so there is a possibility of having a real cowboy on the jury!

When thinking about the downside (beside the incredible time sink and tremendous legal fees), I'm not sure I can find one. If Sun wins, NetApp gets more attention on these key features, which they have a long market dominating lead on, bringing to light that these features are important. Everyone else is already doing their own versions of these features, so they don't seem to have anything to lose. The upside appears to outweigh any downside. Furthermore, maybe other Sun competitors will pile on and do a cross-license with NetApp, hence validating their patent claims, in order to try to push Sun off the balcony. I can see how IBM (the patent holding king of the world) might be interested in such a thing – especially since they already OEM the NetApp stuff. Now I'm making myself frenetic. If it comes down to a jury decision, unless the NetApp lawyer is a complete buffoon, being able to say "ladies and gentlemen, forget the endlessly boring techno-garf you listened to for the last three weeks. IBM is the largest patent holder on the planet. IBM believes NetApp has valid patents, and as such did the right thing and licensed their use. Sun was offered the same opportunity, and chose to ignore it in order to illegally exploit those patents for their own gain. This is tantamount to the Chinese stealing trade secrets….." Can't you see it? Those good ole boys in Texas will start shooting up the place. Case closed, game over.

Finally, Dan Warmenhoven, in response to someone's question, just called Sun's non-response to NetApp's claims "reckless". That's CEO speak for "what a bunch of dipshits." I love that. CEO fights rock.

Here's the link to Dave Hitz's blog on the subject.