e425
Filed by NetApp, Inc. Pursuant to Rule 425
Under the Securities Act of 1933
And Deemed Filed Pursuant to Rule 14a-12
Under the Securities Exchange Act of 1934
Subject Company: Data Domain, Inc.
Commission File No.: 333-159722
The press
release below was posted on the website of NetApp, Inc.
(NetApp) in connection with the
proposed acquisition of Data Domain, Inc. (Data Domain) by NetApp pursuant to the terms of an
Agreement and Plan of Merger, by and among NetApp, Kentucky Merger Sub One Corporation, Derby
Merger Sub Two LLC, and Data Domain, dated as of May 20, 2009, as amended on June 3, 2009.
FOR IMMEDIATE RELEASE
NETAPP COMMENTS ON DATA DOMAINS RECOMMENDATION THAT
STOCKHOLDERS REJECT EMCS OFFER AND VOTE IN
FAVOR OF THE
MERGER WITH NETAPP
Sunnyvale, Calif. June 15, 2009 NetApp (NASDAQ: NTAP) today responded to Data Domains
announcement that its board of directors has recommended that Data Domain stockholders reject EMC
Corporations (NYSE: EMC) offer to acquire all of the outstanding shares of Data Domain common
stock, not tender their shares to EMC pursuant to EMCs offer, and vote in favor of the merger with
NetApp.
We are very pleased with Data Domains recommendation that stockholders continue to support
NetApps merger proposal over EMCs unsolicited offer, said Dan Warmenhoven, chairman and CEO of
NetApp. This announcement reaffirms our belief that the NetApp proposal provides attractive short-
and long-term value to Data Domain stockholders with no significant antitrust concerns and a
clearer and more timely path to close. We look forward to proceeding with our proposal, bringing
the offer to a stockholder vote, and beginning to execute on the promise of this compelling
combination.
Importantly, we believe a combination of NetApp and Data Domain brings significant benefits
to customers and employees, continued Warmenhoven. In our merger, we believe customers will
benefit from a lower risk of business disruption, continued competition, an enhanced products and
services offering, and the ability of the NetApp sales and marketing organization to bring Data
Domains products to more enterprises in the United States and to more customers in Europe and
Asia. Furthermore, we believe employees will benefit from cultural compatibility and the ability to
accelerate productivity and innovation given the existence of complementary products and a larger
base of resources.
NetApp first announced its definitive agreement to acquire Data Domain on May 20, 2009, and
announced its revised acquisition agreement on June 3, 2009. For complete details on this
acquisition, visit the page NetApp to Acquire Data Domain or www.netapp.com.
Forward-Looking Statements
This press release contains forward-looking statements, which involve a number of risks and
uncertainties. NetApp and Data Domain caution readers that any forward-looking information is not a
guarantee of future performance and that actual results could differ materially from those
contained in the forward-looking information. All such forward-looking statements include, but are
not limited to, statements about the benefits of NetApps acquisition of Data Domain, including
future financial and operating results; NetApps plans, objectives, expectations and intentions;
and other statements that are not historical facts.
The following factors, among others, could cause actual results to differ from those set forth in
the forward-looking statements: the ability to obtain regulatory approvals of the transaction on
the proposed terms and schedule; the failure of Data Domain stockholders to approve the
transaction; the risk that the businesses will not be integrated successfully; the risk that the
cost savings and any other synergies from the transaction might not be fully realized or might take
longer to realize than expected; disruption from the transaction making it more difficult to
maintain relationships with customers, employees, or suppliers; and competition and its effect on
pricing, spending, third-party relationships, and revenues. Additional factors that might affect
future results are contained in NetApps and Data Domains filings with the SEC, which are
available at the SECs Web site at www.sec.gov. NetApp and Data Domain disclaim any obligation to
update and revise statements contained in these materials based on new information or otherwise.
Additional Information and Where to Find It
NetApp has filed with the SEC a Registration Statement on Form S-4 in connection with the
transaction. The Registration Statement and the Proxy Statement/Prospectus will contain important
information about NetApp, Data Domain, the transaction, and related matters. Investors and security
holders are urged to read the Registration Statement and the Proxy Statement/Prospectus carefully
when they are available. Investors and security holders will be able to obtain free copies of the
Registration Statement and the Proxy Statement/Prospectus and other documents filed with the SEC by
NetApp and Data Domain through the Web site maintained by the SEC at www.sec.gov and by contacting
NetApp Investor Relations at (408) 822-7098 or Data Domain Investor Relations at (408) 980-4909. In
addition, investors and security holders will be able to obtain free copies of the documents filed
with the SEC on NetApps Web site at www.netapp.com and on Data Domains Web site at
www.datadomain.com.
About NetApp
NetApp creates innovative storage and data management solutions that help our customers deliver
outstanding cost efficiency and accelerate business breakthroughs. Discover our passion for helping
companies around the world go further, faster at www.netapp.com.
For Press Inquiries
NetApp
E-mail: xdl-uspr@netapp.com
Phone: (408) 822-3287
NetApp, the NetApp logo, and Go further are trademarks or registered trademarks of NetApp, Inc. in
the United States and/or other countries. All other brands or products are trademarks or registered
trademarks of their respective holders and should be treated as such.