Sun Microsystems, Inc. v. NETWORK APPLIANCE, INC.

ORDER GRANTING SUMMARY JUDGMENT OF NON-INFRINGEMENT OF U.S. PATENT NO. 5,124,-987

I. INTRODUCTION

On October 29, 2007, Sun Microsystems, Inc. (“Sun”) filed its Complaint, alleging that Network Appliance, Inc. (“NetApp”) infringed and is infringing, directly and indirectly under 35 U.S.C. § 271 , certain of its patents, by making, using, selling, or offering for sale certain data processing systems and related software. Sun seeks a declaratory judgment that certain patents owned by Sun are each not infringed, are invalid or unenforceable, as well as a permanent injunction and damages. On December 21, 2007, NetApp filed an Answer and Counterclaim, denying the material allegations of Sun’s Complaint and asserting a number of affirmative defenses and counterclaims. NetApp denies infringing any of the Sun Patents, including the patent at issue in this motion (U.S. Patent Number 5,124,987 (the “'987 Patent”)) and alleges that Sun infringes a number of its patents instead. On December 22, 2008, — F.Supp.2d , 2008 WL 5384081 (N.D.Cal.2008), this Court issued an Order Construing Claims (the “12/22/08 Order”) in which it construed certain disputed terms and phrases contained in various…