Of course, Oracle also controls Btrfs, right?
Meanwhile, it seems that the
NetApp patents in question are at least starting to expire. Their
earliest asserted patent appears to have expired last year. (
But the rules on expiration are non-trivial, so if it's not dead now, it will die very soon.) The later NetApp patents are still in force.
If Apple wanted to revisit the issue, they could almost certainly afford to mount a vigorous defense against patent infringement, especially if they deliberately engineered a filesystem with the specific purpose of working around the various patent requirements. What's sad, however, is that I don't think Apple really gives a shit about instant snapshots and other such things. Those are things you really want on file servers, which Apple once sold but doesn't sell any more.