Network Appliance files suit against Sun Microsystem
Network Appliance in the wake of prolonged claim by Sun Microsystems against the company, has filed suit seeking a declaration that it is not infringing three of Sun Microsystems's U.S. patents and that those patents are invalid.
The suit also seeks a ruling that Sun Microsystems infringed seven Network Appliance U.S. patents pertaining to data processing systems and related software. This suit is targeted at Sun Microsystems's ZFS technology.
Sun Microsystems's claimed that Network Appliance licensed some of Sun’s IP. This caused Network Appliance to examine whether they were infringing Sun Microsystems IP rights and whether Sun Microsystems might be infringing Network Appliance IP.
Network Appliance now believes that Sun Microsystem's ZFS technology infringed a number of Network Appliance patents. They believe Sun Microsystem distributed ZFS technology to third parties to induce the adoption and distribution of the infringing technology in their products without informing them of applicable Network Appliance patents.
To resolve the case, Network Appliance has turned to the courts.
For infringement of the Network Appliance patents, the company is seeking compensatory damages and a permanent injunction against Sun Microsystem to prevent further distribution of the Network Appliance patented technology in current or future versions of Sun Microsystem's data processing systems and related software, including their ZFS technology.
Dave Hitz, founder and executive vice president, Network Appliance, and named inventor on five of the Network Appliance patents at issue said, “We firmly believe that everyone is best served by fair and responsible treatment of intellectual property. What concerns us is that through its distribution of ZFS under its own terms and conditions, Sun is unfairly encouraging others to adopt and distribute the infringing technology without informing them of our applicable patents."
Dan Warmenhoven, Chief Executive Officer, Network Appliance said, "NetApp is an innovation leader in the design of data storage systems. We have an obligation to protect the technologies in our award winning solutions that have and continue to benefit our customers. IP disputes are unfortunate and I don't want either company to be distracted by litigation, but we must have clarity. It's time to restore fair play for users of both company's technologies."
6-Sep-2007