IP Operations at EMC
Krish Gupta
Vice President &
Deputy General Counsel
ACPC 2011 Winter Meeting
January 25, 2011
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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):
billion
$10.5
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
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EMC’s Long-Term Financial Results
Revenue
$18.0
Non-GAAP
EPS
$1.4
6-yr CAGR
(2004-2010e*)
$16.0
Revenue
Non-GAAP EPS¹
13%
20%
$1.2
$14.0
$1.0
$12.0
$10.0
$0.8
$8.0
$0.6
$6.0
$0.4
$4.0
$0.2
$2.0
$0
$0.0
2004
2005
2006
2007
2008
2009
2010e*
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.
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EMC’s Businesses
Information
Infrastructure
Products
Information
Infrastructure & Cloud
Services
VMware*
Symmetrix
Technology Solutions
and Services
Virtualization
Solutions from the
desktop to the data
center and to the
cloud
Unified Storage
Backup Recovery
Systems
Data Computing
Products
Customer Support
Services
Cloud Services
EMC Consulting
Information
Intelligence Group
RSA Security
*VMware, a public company, is majority owned by EMC
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EMC’s Mission
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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
© Copyright 2010 EMC Corporation. All rights reserved.
6
Sustained Investment in Innovation
Through R&D and Acquisitions
Over the Past
5
$17B
2010≈ $2B
Years,
EMC has invested
MORE THAN
in R&D and acquiring
innovative companies
In
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EMC invested
in R&D
alone
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Sustained Investment in Innovation
Since 2003 ≈ $11 Billion Invested in ≈ 50 Strategic Acquisitions
2003
Services
2005
2006
2007
2008
Dolphin
Internosis
Interlink
Geniant
Business
Edge
Conchango
Authentica
RSA
Network
Intelligence
Valyd
Verid
Tablus
Acartus
Captiva
Pro Activity
X-Hive
Dokumentum
Document
Sciences
Kazeon
Smarts
nLayers
Voyence
Infra
Configuresoft
FastScale
Rainfinity
Acxiom
Akimbi
YottaYotta
Springsource
WysDM
Iomega
Data Domain
Information
Security
Content
Management
Documentum
Resource
Management
Astrum
Virtualization/
Mobility
Data Protection/
Archiving
Ask Once
VMware
Legato
2009
2004
Dantz
Allocity
Cloud
Computing
Data
Warehousing
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Kashya
Avamar
Indigo Stone
Mozy
2010
Archer
Pi
Source Labs
Isilon
Greenplum
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EMC’s Expanding Presence
Around the World
Burlington, Ontario
Rotterdam, Netherlands
Cork, Ireland
St. Petersburg, Russia
Roy, UT
Irvine, CA
Seoul, S. Korea
Brentford, UK
Pau, France
Pleasanton, CA
Beijing, China
Vienna, Austria
Apex, NC
Duluth, GA
Hopkinton, MA
Shanghai, China
Tel Aviv, Israel
Tokyo, Japan
Global Headquarters
Palo Alto, CA
Santa Clara, CA
Cairo, Egypt
Bedford, MA
Franklin, MA
Bangalore, India
Cambridge, MA
Singapore
EMC’s Direct
Global Presence
Campinas, Brazil
R&D Centers
Centers of Excellence
Customer Support Centers
Executive Briefing Centers
Manufacturing Centers
Global Solution & Engineering Centers
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Melbourne, Australia
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EMC Legal Department Structure
General Counsel
International
Law Group
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Corporate/SEC/
Employment/M&A
Intellectual Property/
Technology Licensing
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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
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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
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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
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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
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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
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THANK YOU
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