The Texas venue may have something to do with the numerous cases filed there, even the recently filed case between IBM and Amazon.
Started, October 2006
Ended May 2007
Tyler is a good venue for this case. As you can see IBM was able to resolve the patent issues within a few months. Technology doesn’t require a long drawn out case, with thousands spent on discovery and patent evaluation. Only competing storage vendors win by pointing out uncertainty.
Maybe you could do a one-to-one interview with Dave Hitz at NetApp on this recent filing, not with standing their unwillingness to discuss pending litigation of course