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- 1. 1© Copyright 2010 EMC Corporation. All rights reserved.
IP Operations at EMC
Krish Gupta
Vice President &
Deputy General Counsel
ACPC 2011 Winter Meeting
January 25, 2011
- 2. 2© Copyright 2010 EMC Corporation. All rights reserved.
About EMC
Fortune 500 Rank: 166
Revenues (2010 estimate): $16.9 billion*
Employees (end Q3 2010 worldwide): ≈ 47,000
Countries where EMC does business:> 80
R&D Investment (2010): ≈ $2 billion
Total Cash and Investments (end Q3 2010): $10.5
billion
Quarterly Free Cash Flow (YTD 2010): $2.2 billion
Market Value (Jan. 14, 2010): > $49 billion
Founded: 1979
*Based on EMC’s expectations stated in Oct. 19, 2010 earnings release
- 3. 3© Copyright 2010 EMC Corporation. All rights reserved.
$18.0
¹ Refer to the schedules available at http://www.emc.com/about/investor-relations/archived-events.htm for a complete reconciliation of
GAAP to non-GAAP results
* 2010 estimates assumes FY’10 Revenue of $16.9B and FY’10 Non-GAAP EPS of $1.25.
EMC’s Long-Term Financial Results
2004 2005 2006 2007 2008 2009 2010e*
Revenue
Non-GAAP
EPS
$0
$0.2
$0.4
$0.6
$0.8
$1.0
$1.2
$1.4
$0.0
$2.0
$4.0
$6.0
$8.0
$10.0
$12.0
$14.0
$16.0 Revenue
Non-GAAP EPS¹
6-yr CAGR
(2004-2010e*)
13%
20%
- 4. 4© Copyright 2010 EMC Corporation. All rights reserved.
EMC’s Businesses
Information
Infrastructure
Products
Symmetrix
Unified Storage
Backup Recovery
Systems
Data Computing
Products
Information
Intelligence Group
RSA Security
Information
Infrastructure & Cloud
Services
Technology Solutions
and Services
Customer Support
Services
Cloud Services
EMC Consulting
VMware*
Virtualization
Solutions from the
desktop to the data
center and to the
cloud
*VMware, a public company, is majority owned by EMC
- 6. 6© Copyright 2010 EMC Corporation. All rights reserved.
The Cloud is . . .
Built
DIFFERENTLY:
Dynamic pools of virtualized resources
Operated
DIFFERENTLY:
End-to-end service delivery
Consumed
DIFFERENTLY:
Convenient for IT and for those they support
Private Cloud
is one that IT controls
- 7. 7© Copyright 2010 EMC Corporation. All rights reserved.
Over the Past
5Years,
EMC has invested
MORE THAN
$1 in R&D and acquiring
innovative companies
7B
In
2010
EMC invested
$2B≈ in R&D
alone
Sustained Investment in Innovation
Through R&D and Acquisitions
- 8. 8© Copyright 2010 EMC Corporation. All rights reserved.
Documentum
Astrum
Legato
Dolphin Internosis Interlink
Geniant
Business
Edge
Conchango
Authentica
RSA
Network
Intelligence
Valyd
Verid
Tablus
Ask Once
Acartus
Captiva
Pro Activity
X-Hive
Dokumentum
Document
Sciences
Smarts nLayers Voyence Infra
Configuresoft
FastScale
VMware
Rainfinity
Acxiom
Akimbi YottaYotta
Dantz
Allocity
Kashya
Avamar
Indigo Stone
Mozy
Data Domain
WysDM
Iomega
Pi
Source Labs
Sustained Investment in Innovation
Since 2003 ≈ $11 Billion Invested in ≈ 50 Strategic Acquisitions
Cloud
Computing
Data Protection/
Archiving
Resource
Management
Virtualization/
Mobility
Content
Management
Information
Security
Services
Kazeon
Springsource
Archer
Isilon
Greenplum
2003 2004 20062005 2007 2008 2009 2010
Data
Warehousing
- 9. 9© Copyright 2010 EMC Corporation. All rights reserved.
EMC’s Expanding Presence
Around the World
R&D Centers
Centers of Excellence
Apex, NCIrvine, CA
EMC’s Direct
Global Presence
Customer Support Centers
Burlington, Ontario
Duluth, GA
Executive Briefing Centers
Santa Clara, CA
Rotterdam, Netherlands
St. Petersburg, Russia
Tel Aviv, Israel
Brentford, UK
Beijing, China
Shanghai, China
Melbourne, Australia
Tokyo, Japan
Global Solution & Engineering Centers
Vienna, Austria
Manufacturing Centers
Palo Alto, CA
Seoul, S. Korea
Hopkinton, MA
Global Headquarters
Bedford, MA
Franklin, MA
Cork, Ireland
Pau, France
Campinas, Brazil
Cairo, Egypt
Cambridge, MA
Roy, UT
Bangalore, India
Singapore
Pleasanton, CA
- 10. 10© Copyright 2010 EMC Corporation. All rights reserved.
EMC Legal Department Structure
General Counsel
Corporate/SEC/
Employment/M&A
Intellectual Property/
Technology Licensing
International
Law Group
- 11. 11© Copyright 2010 EMC Corporation. All rights reserved.
IP and Technology Licensing Law Group
Responsibilities:
• Patent preparation and prosecution
• IP Litigation
• Trademarks and Branding
• Copyrights, DMCA
• Transaction support for business units and CTO Office
• Strategic OEM relationships/out-bound licensing
• Inbound licensing for resell or embedded technology
• Open Source Strategy and Review
• Standards
• Export & Trade
• M&A Diligence and Support
- 12. 12© Copyright 2010 EMC Corporation. All rights reserved.
IP and Technology Licensing Law Group
(Cont.)Staffing:
• Total headcount: 24
– 14 attorneys
12 patent attorneys
2 licensing attorneys
7 senior attorneys
7 junior attorneys
– 8 paralegals
– 2 TBH
• 3 in Santa Clara, CA
• 1 in San Diego, CA
• 18 in Hopkinton, MA
• TBH – 1 in Seattle, 1 in Europe
• Attorneys are assigned to business units / product
groups
• Senior attorneys are also subject matter experts
- 13. 13© Copyright 2010 EMC Corporation. All rights reserved.
IP and Technology Licensing Law Group
(Cont.)
Patent Statistics:
• 2700 issued US patents; 350 foreign patents
• 2000 pending applications
• 10% of pending applications are in foreign countries
• 30% of foreign applications are in India and China
Patent Process:
• Patent Committees are established in conjunction with CTO and
President of Product Group
• Work with the CTO Office to identify “themes” for disclosure review
• The “themes” are aligned with strategic research and investment
objectives
• BU pays for patent awards; Legal pays for patent procurement
• Report back to BUs on theme alignment
- 14. 14© Copyright 2010 EMC Corporation. All rights reserved.
IP and Technology Licensing Law Group
(Cont.)
Key Initiatives
• Increase in-house prep and pros capabilities
– In-house training program
– 5 full time prep and pros attorneys
– Target is 50% of new apps filed in-house
– Continue to feed through college internships
• Increased use of technology for added efficiencies
– Web-based training
– Extensive use of intranet to communicate policies and
procedures
– Paperless patent and tm files
– Automated invention disclosure process
– Automated docketing process
- 15. 15© Copyright 2010 EMC Corporation. All rights reserved.
IP and Technology Law Group (Cont.)
• Update/upgrade skill sets and form agreements to
support new businesses
– Attorney training for new legal issues to support new businesses
– Revised and new form agreements for new offerings
• Aggressively defend NPE Litigation
– Handle analysis and diligence for IP litigation and adverse claims
in-house
– 7 patent suits currently pending
– All NPE litigation
– 11 patent suits dismissed without any payment from EMC
• Global reach
– Centers of Excellence in India, China, Russia, Egypt, Isreal and
Ireland