In a blog post, Sun's Jonathan Schwartz has announced that Sun will counter-sue Net App, after negotiations proved to be fruitless. "So now it looks like we can't avoid responding to their litigation, as frustrated as I am by that (as I said, we have zero interest in suing them). I wanted to outline our response (even if it tips off the folks at Net App), and for everyone to know where we're headed. First, the basics. Sun indemnifies all its customers against IP claims like this. [...] Second, Sun protects the communities using our technologies under free software licenses. [...] Third, we file patents defensively."