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Update on Sun/Netapp Litigation Order Construing Claims in the NetApp v. Sun litigation
Mike Dillon, (EVP , General Counsel and Corporate Secretary for Sun) has been blogging about the on-going litigation between Sun and NetApp. On August 27th, 2008, the Court held a "claim construction hearing to construe the disputed terms". Mike says, considering the "highly complex technologies" in this patent case, that he was impressed with the judge, who issued an "Order Construing Claims" just two weeks later on September 10th, . After reviewing the order he says, "we were very pleased", and "the court agreed with Sun's interpretation on six of the disputed terms (two of which the court adopted with slight modification) and with NetApp on one. As to the remaining terms, the court either formulated its own interpretation or requested that the parties propose a further construction (i.e. definition)." Mike also states that, "the Court found each of the asserted claims in NetApp's 7,200,715 patent relating to RAID technology to be 'indefinite' - meaning that someone with experience in this area of technology could not understand the limits of the claimed invention. With regard to NetApp's '715 patent, the court agreed with Sun's position that the claims of the patent are flatly inconsistent with and impossible under the teaching of the patent specification. In effect, unless NetApp appeals and this finding is reversed, the '715 patent is effectively invalidated in this case and against others in the future." More Information
NetApp Claim Construction Order (September 10, 2008) (60-page PDF) Sun-NetApp Litigation Continues (June 2008)
Jonathan Schwartz Blog
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In effect, unless NetApp appeals and this finding is reversed, the '715 patent is effectively invalidated in this case and against others in the future 
Update on Sun/Netapp Litigation
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