Unlikely they will win. Even if they win they lose goodwill.
Prediction: out of court settlement, followed by decline in NetApp revenue and profitability. Four years later NetApp is bought by or merges with another company.
StorageTek was formed in 1969 and started selling their disk systems in the mid-70s. The company was started by former IBMers and they have over 600 patents. Considering they were shipping a virtual disk and snapshots product 4 years before the NetApp patent was filed, prior art seems likely.
NetApp is against the wall. They are quickly losing market share in midrange storage. Their stock is falling. This is merely a ploy to bring them some press. Maybe there will be a settlement in their favor. Though, the victory would be bad PR considering NetApp's view on patent laws and the high regard Sun is held in.
Prediction: out of court settlement, followed by decline in NetApp revenue and profitability. Four years later NetApp is bought by or merges with another company.
StorageTek was formed in 1969 and started selling their disk systems in the mid-70s. The company was started by former IBMers and they have over 600 patents. Considering they were shipping a virtual disk and snapshots product 4 years before the NetApp patent was filed, prior art seems likely.