NetApp Sues Sun over Storage Patents

[Sunite]

NetApp Sues Sun over Storage Patents
By Jennifer LeClaire
September 6, 2007 12:20PM

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Sun's ZFS technology is built around a pooled storage model that eliminates the concept of storage volumes and the associated problems of partitions and provisioning. NetApp maintains that Sun unfairly distributes ZFS technology to third parties to induce its adoption and distribution without informing those third parties of NetApp patents.

Related Topics
   Sun Microsystems
   Network Appliance
   Storage
   Data Center
   Solaris

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   On Wednesday, Network Appliance threw down the gauntlet. NetApp filed suit against Sun Microsystems, claiming that Sun's storage software in Solaris violates seven NetApp patents. In addition, NetApp is seeking a declaration that it is not infringing on three of Sun's patents -- and that the patents in question are invalid.

NetApp's move comes in the wake of what the company perceives as Sun's "prolonged and aggressive claims" against it. Sun's demand for NetApp to license some of its intellectual property caused the company to examine the issue more closely, NetApp said. Its conclusion? Sun's ZFS technology infringes several NetApp patents.

"We firmly believe that everyone is best served by fair and responsible treatment of intellectual property," stated Dave Hitz, founder and executive vice president of Network Appliance. "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."

Forcing Its Hand

Sun's ZFS technology is built around a pooled storage model that eliminates the concept of volumes and the associated problems of partitions and provisioning. Thousands of file systems can draw from a common storage pool, each one consuming only as much space as it actually needs. The combined bandwidth of all devices in the pool is available to all file systems at all times.

Specifically, NetApp maintains that Sun unfairly distributes ZFS technology to third parties to induce the adoption and distribution of ZFS in their products without informing them of applicable NetApp patents. NetApp claims it made major efforts to resolve these issues amicably until Sun became unresponsive. Now, NetApp is turning to the courts.

NetApp is seeking compensatory damages and a permanent injunction against Sun to prevent further distribution of the technology in current or future versions of Sun's data-processing systems and related software.

"NetApp is an innovation leader in the design of data storage Relevant Products/Services systems," NetApp CEO Dan Warmenhoven said in a statement. "We have an obligation to protect the technologies in our award-winning solutions that have [benefitted] and continue to benefit our customers."

He went on to say that intellectual property disputes are "unfortunate" and that he doesn't want either company to be distracted by litigation. "But we must have clarity," he said. "It's time to restore fair play for users of both companies' technologies."

Schwartz Responds

Sun did not return calls seeking comment, but Sun CEO Jonathan Schwartz addressed the issue in his blog. "We're all focused on innovation and winning customers, not litigation," he wrote. Sun uses its patent portfolio, he explained, to protect communities and indemnify customers.

"Sun indemnifies its customers, so I'd encourage all interested parties to compare the economics of ZFS and Thumper to what you're currently forced to pay -- the savings are absolutely shocking," Schwartz said. "The rise of the open-source community cannot be stifled by proprietary vendors. I guess not everyone's learned that lesson."