IANAL
That said, I would refer anyone interested in 'prior art' in patents to
http://www.ipmall.fplc.edu/ipcorner/bp98/welch.htm
especially the brief discussion on what 'prior art' is to the patent office.
Also, for those who believe that similar concepts will void patents, I would
suggest a search of the IP literature on the topic of 'narrowly defined.'
As to whether or not Network Appliance's patents would hold up in court, I
offer two contradictory opinions:
Factoid: 90% of all patents are never challenged, while 80% of those that
are are overturned.
and
"Going into court is throwing the dice."
I will defer discussion of the 'evil' of patent law to some more appropriate
forum.
Marty
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