Seems that things have been cleared up:

> NetApp (NASDAQ: NTAP) today announced that both parties have agreed to
> dismiss their pending patent litigation, which began in 2007 between Sun
> Microsystems and NetApp. Oracle and NetApp seek to have the lawsuits
> dismissed without prejudice. The terms of the agreement are confidential.

http://tinyurl.com/39qkzgz
http://www.netapp.com/us/company/news/news-rel-20100909-oracle-settlement.html

A recap of the history at:

http://www.theregister.co.uk/2010/09/09/oracle_netapp_zfs_dismiss/


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