A development tools maker is suing Sun Microsystems, alleging its StorageTek arm has infringed its copyright and defrauded it through misrepresentations in negotiations aimed at settling the dispute.

California-based Netbula filed a suit in US district court in Oakland saying StorageTek's LibAttatch software infringes the firm's core technology. Netbula makes PowerRPC, a server development tool for Windows, UNIX and java platforms.

Netbula said in a statement: "We have tried exhaustively to resolve this dispute with SUN in accordance with our licensing terms. Unfortunately, when faced with undeniable facts of unlawful and fraudulent conduct committed by StorageTek, SUN resorted to attempts to intimidate Netbula into forgoing its legal rights."

Netbula licensed StorageTek to use its technology when it was a standalone company in 2000. The complaint alleges contact from Sun after the licence expired requesting updates showed it was still being used but not paid for.

The privately-held company is seeking damages, a restraining order to stop Sun selling LibAttach and the names of customers it has already been distributed to.

Sun bought Storagetek in 2005. Netbula's info on the suit is here.®

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