David Brodbeck <bro...@u.washington.edu> wrote:

> Well, not quite.  In that hypothetical scenario, the existing Java 
> implementation would be prior art and would make the patent invalid.  The 
> problem is the Patent Office generally doesn't reject patents based on prior 
> art, because they don't have the expertise.  So someone would have to get 
> sued and fight a lengthy legal battle to prove the patent was invalid.  At 
> least, that's my understanding.  IANAL.

... the same way as the existing WOFS code I wrote in 1990 invalidates the 
important patents from Netapp for COW filesystems.

This may become impoartant once Netapp might be interested in Illumos users
later on.

Jörg

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