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EMC, HP agree to settle all outstanding intellectual property litigation

Hopkinton Massachusetts & Palo Alto California, 04 May 2005

EMC Corporation and HP today announced that they have agreed to amicably dismiss all claims and counterclaims with no findings or admissions of liability in a settlement of a longstanding patent dispute involving patent infringement allegations between the two companies. HP and EMC have been in patent litigation against each other since 2001.

As part of this settlement agreement, HP will pay a net $325 million balancing payment to EMC, which can be satisfied through the purchase for resale or internal use of complementary EMC products, such as the VMware product line, over the next five years. EMC and HP also have signed a five-year patent cross-licence agreement.

Paul T Dacier, EMC`s Senior Vice-President and General Counsel, said: "We are pleased with these agreements. This resolution allows EMC to protect our substantial intellectual property investments and patent portfolio while serving the best interests of our customers. Upon completion, we expect to have a business relationship that will provide the customers of both companies with additional choices and technology that can accelerate their adoption of information lifecycle management."

"HP is happy to conclude this matter in a way that recognises the strength of both companies` intellectual property portfolios and provides positive benefits to customers desiring interoperable multi-vendor solutions," said Joe Beyers, Vice-President of Intellectual Property Licensing, HP. "By expanding our relationship with EMC`s various software divisions, HP will be able to deliver a more formalised approach to selling these solutions, and explore new ways to integrate and leverage our complementary offerings."

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HP

HP is a technology solutions provider to consumers, businesses and institutions globally. The company`s offerings span IT infrastructure, global services, business and home computing, and imaging and printing. For the four fiscal quarters ended 31 January 2005, HP revenue totalled $81.8 billion. More information about HP (NYSE, NASDAQ: HPQ) is available at www.hp.com.

EMC

EMC Corporation (NYSE: EMC) is the world leader in products, services and solutions for information storage and management that help organisations extract the maximum value from their information, at the lowest total cost, across every point in the information lifecycle. Information about EMC`s products and services can be found at www.EMC.com.

Editorial contacts

Mark Fredrickson
EMC Southern Africa
(508) 293 7137
Fredrickson_mark@emc.com