Firespark sues Redhat for Hibernate 3's infringement on ORM/Mapping

This story is going to run and run. It's a frivolous patent against ORM/Mapping technology hibernate 3. Bizarrely this patent was filed in 1997 - which is well after mapping to ORM was introduced. So it's frivolous, but why now? Well obviously because Jboss was bought by Redhat and Redhat has deep pockets. But hibernate isn't the only ORM mapping tool in town. Toplink has been going for longer so  why not attack attack Oracle? Also since hibernate 3 is now mostly an extension to the EJB3 specification, why not attack Sun?