To: Jim Oravetz who wrote (2274 ) 5/3/2005 12:55:38 PM From: Jim Oravetz Read Replies (1) | Respond to of 2283 semiOT:H-P, EMC End Patent Disputes,May Create Ties By PUI-WING TAM and CHARLES FORELLE Staff Reporters of THE WALL STREET JOURNAL May 3, 2005; Page B4 Hewlett-Packard Co. and EMC Corp. agreed to settle their long-running patent disputes under a deal that the companies said could lead to a closer business relationship. As part of the agreement, H-P will pay a total of $325 million to EMC over five years by purchasing EMC products for internal use or for resale. The two companies also signed a five-year cross-licensing agreement, without either side admitting wrongdoing. H-P, of Palo Alto, Calif., competes in the market for data storage systems with EMC, which is based in Hopkinton, Mass. The settlement is just the first step in a closer business relationship between the two companies, said Mark Fredrickson, an EMC spokesman. Mr. Fredrickson said EMC is also hoping to finalize an agreement with H-P whereby H-P will resell a range of EMC software products to customers. While H-P and EMC currently work with each other through one of EMC's small divisions, VMware, EMC is aiming for "a broader business relationship," said Mr. Fredrickson. He didn't provide a timetable for an additional agreement. Ryan Donovan, an H-P spokesman, said the settlement "provides an opportunity to expand our existing relationship." But he added that it was too soon to make an announcement about a broader reselling agreement. H-P will account for the EMC settlement as a long-term purchase commitment. The agreement, which goes into effect Sept. 1, caps several fractious years between the companies. H-P resold EMC storage products from 1995 until 1999, when it dropped EMC in favor of Hitachi Data Systems, a unit of Japan-based Hitachi Ltd. H-P continues to resell Hitachi's high-end storage today. After H-P ended the relationship, EMC sued, claiming that the name of an H-P machine sounded too much like "EMC." A federal judge agreed. The agreement settles three lawsuits outstanding that H-P and EMC had filed against each other, dating back to 2001. H-P inherited one of the patent suits, which concern technology used to store data in multiple locations, when it acquired storage-virtualization vendor StorageApps in 2001. EMC had originally sued StorageApps. EMC and H-P also sued each other in 2002 and in 2004 over patent issues. In recent quarters, H-P, the industry's largest storage vendor, has struggled while EMC has gained share.