EMC 2004 Annual Report Download - page 13

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Table of Contents
ITEM 3. LEGAL PROCEEDINGS
On September 30, 2002, Hewlett-Packard Company ("HP") filed a complaint against us in the United States Federal District Court for the Northern
District of California alleging that certain of our products infringe seven HP patents (the "First HP Lawsuit"). HP seeks a permanent injunction as well as
unspecified monetary damages for patent infringement. We believe that HP's claims are without merit. On July 21, 2003, we answered the complaint and filed
counterclaims alleging that certain HP products infringe six EMC patents. We seek a permanent injunction as well as unspecified monetary damages for
patent infringement. On February 16, 2005, summary judgment motions were heard. The court's ruling on such motions is currently pending.
On October 27, 2004, a second complaint was filed by HP against us in the same court based on six of the seven patents asserted in the First HP Lawsuit
(the "Second HP Lawsuit"). The Second HP Lawsuit was filed shortly after the court had denied HP's motion for leave to amend its infringement contentions
in the First HP Lawsuit to add certain EMC products. In the Second HP Lawsuit, HP alleges patent infringement by the same EMC products that they
attempted to add to the First HP Lawsuit. On February 3, 2005, the court stayed the Second HP Lawsuit.
We are a party (either as plaintiff or defendant) to various other patent litigation matters, including certain matters which we assumed in connection with
our acquisitions of LEGATO and VMware.
We are a party to other litigation which we consider routine and incidental to our business.
Management does not expect the results of any of these actions to have a material adverse effect on our business, results of operations or financial
condition.
ITEM 4. SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS
No matter was submitted to a vote of our shareholders during the fourth quarter of 2004.
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