UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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SCHEDULE
13G
Under the Securities Exchange Act of 1934
(Amendment No. 5)
Data
Domain, Inc.
(Name
of Issuer)
Common
Stock
(Title
of Class of Securities)
23767P109
(CUSIP
Number)
July
8
, 2009
(Date
of Event Which Requires Filing of this Statement)
Check
the appropriate box to designate the rule pursuant to which this Schedule is filed:
[
X
] Rule
13d-1(b)
[
] Rule 13d-1(c)
[ ] Rule
13d-1(d)
* The remainder of this cover page shall be filled out for a reporting person's initial
filing on this form with respect to the subject class of securities, and for any subsequent amendment containing
information which would alter the disclosures provided in a prior cover page.
The information
required in the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of
the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act
but shall be subject to all other provisions of the Act (however, see the Notes).
Potential
persons who are to respond to the collection of information contained in this form are not required to respond
unless the form displays a currently valid OMB control number.
1. Names
of Reporting Persons.
Artis Capital Management, L.P.
2. Check
the Appropriate Box if a Member of a Group (See Instructions)
(a)
(b)
X
3. SEC
Use Only
4. Citizenship
or Place of Organization
CA
Number of
Shares
Beneficially
Owned by
Each Reporting
Person With:
|
5. Sole Voting Power
0
|
6. Shared Voting Power
2,314,473
|
7. Sole Dispositive Power
0
|
8. Shared Dispositive Power
2,314,473
|
9. Aggregate
Amount Beneficially Owned by Each Reporting Person
2,314,473
10. Check
if the Aggregate Amount in Row (9) Excludes Certain Shares (See
Instructions)
______
11. Percent
of Class Represented by Amount in Row (9)
3.
7
%
12. Type
of Reporting Person (See Instructions)
PN, IA
1. Names
of Reporting Persons.
Artis Capital Management, Inc.
2. Check
the Appropriate Box if a Member of a Group (See Instructions)
(a)
(b)
X
3. SEC
Use Only
4. Citizenship
or Place of Organization
CA
Number of
Shares
Beneficially
Owned by
Each Reporting
Person With:
|
5. Sole Voting Power
0
|
6. Shared Voting Power
2,314,473
|
7. Sole Dispositive Power
0
|
8. Shared Dispositive Power
2,314,473
|
9. Aggregate
Amount Beneficially Owned by Each Reporting Person
2,314,473
10. Check
if the Aggregate Amount in Row (9) Excludes Certain Shares (See
Instructions)
______
11. Percent
of Class Represented by Amount in Row (9)
3.
7
%
12. Type
of Reporting Person (See Instructions)
CO, HC
1. Names
of Reporting Persons.
Stuart L. Peterson
2. Check
the Appropriate Box if a Member of a Group (See Instructions)
(a)
(b)
X
3. SEC
Use Only
4. Citizenship
or Place of Organization
U.S.A.
Number of
Shares
Beneficially
Owned by
Each Reporting
Person With:
|
5. Sole Voting Power
0
|
6. Shared Voting Power
2,314,473
|
7. Sole Dispositive Power
0
|
8. Shared Dispositive Power
2,314,473
|
9. Aggregate
Amount Beneficially Owned by Each Reporting Person
2,314,473
10. Check
if the Aggregate Amount in Row (9) Excludes Certain Shares (See
Instructions)
______
11. Percent
of Class Represented by Amount in Row (9)
3.
7
%
12. Type
of Reporting Person (See Instructions)
IN, HC
Item
1.
(a) Name
of Issuer
Data Domain, Inc.
(b) Address
of Issuer's Principal Executive Offices
2421 Mission College Blvd., Santa Clara, CA 95054
Item
2.
(a) The
names of the persons filing this statement are:
Artis Capital Management, L.P. (
"
Artis
"
), Artis Capital Management, Inc. (
"
Artis
Inc.
"
)
and
Stuart L. Peterson
(
the
"
Filers
"
)
(b) The
principal business office of the Filers is located at:
One Market Plaza, Steuart Street Tower, Suite 2700, San Francisco, CA 94105
(c) For
citizenship of Filers, see Item 4 of the cover sheet for each Filer.
(d) This
statement relates to shares of common stock of the Issuer (the "Stock").
(e) The
CUSIP number of the Issuer is:
23767P109
Item
3. If this statement is filed pursuant to rule 240.13d-1(b) or 240.13d-2(b) or (c),
check whether the person filing is a:
(a) [
] Broker or dealer registered under section 15 of the Act (15 U.S.C. 78o).
(b) [
] Bank as defined in section 3(a)(6) of the Act (15 U.S.C. 78c).
(c) [
] Insurance company as defined in section 3(a)(19) of the Act (15 U.S.C. 78c).
(d) [
] Investment company registered under section 8 of the Investment Company Act of
1940 (15 U.S.C. 80a-8).
(e) [
x
] An investment adviser in accordance with section 240.13d-1(b)(1)(ii)(E)
(as to Artis).
(f) [
] An employee benefit plan or endowment fund in accordance with section
240.13d-1(b)(1)(ii)(F).
(g) [
x
] A parent holding company or control person in accordance with
240.13d-1(b)(1)(ii)(G) (as to Artis Inc. and Mr. Peterson).
(h) [
] A savings association as defined in section 3(b) of the Federal Deposit Insurance
Act (12 U.S.C. 1813).
(i) [
] A church plan that is excluded from the definition of an investment company under
section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3).
(j) [
] A non-U.S. institution in accordance with §240.13d-1(b)(ii)(J).
(k) [
] Group, in accordance with Rule 13d-1(b)(1)(ii)(K).
If filing as a
non-U.S. institution in accordance with §240.13d-1(b)(1)(ii)(J), please specify the type of institution
_______________________________________________________________.
Item
4. Ownership.
See
Items 5-9 and 11 of the cover page for each Filer.
Item
5. Ownership of Five Percent or Less of a Class
If
this statement is being filed to report the fact that as of the date hereof the reporting person has ceased to be
the beneficial owner of more than five percent of the class of securities, check the following [
X
].
Item
6. Ownership of More than Five Percent on Behalf of Another Person.
Artis
is an investment adviser whose clients have the right to receive or the power to direct the receipt of dividends
from, or the proceeds from the sale of, the Stock. No individual client holds more than five percent of the
outstanding Stock.
Item
7. Identification and Classification of the Subsidiary Which Acquired the Security
Being Reported on By the Parent Holding Company.
Not
applicable.
Item
8. Identification and Classification of Members of the Group.
The Filers are
filing this Schedule 13G jointly, but not as members of a group, and each expressly disclaims membership in a
group. Artis is a registered investment adviser and is the investment adviser of investment funds that hold the
Stock for the benefit of the investors in those funds. Artis Inc. is the general partner of Artis. Mr. Peterson
is the president of Artis Inc. and the controlling owner of Artis and Artis Inc. Each of Artis, Artis Inc. and
Mr. Peterson disclaims beneficial ownership of the Stock, except to the extent of that person's pecuniary
interest therein.
Item
9. Notice of Dissolution of Group
Not
applicable.
Item
10. Certification.
I
certify that, to the best of my knowledge and belief, the securities referred to above were acquired and are held
in the ordinary course of business and were not acquired and are not held for the purpose of or with the effect
of changing or influencing the control of the issuer of the securities and were not acquired and are not held in
connection with or as a participant in any transaction having that purpose or effect.
SIGNATURE
After
reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this
statement is true, complete and correct.
Dated: July
8, 2009
ARTIS CAPITAL MANAGEMENT, L.P.
By: Robert A. Riemer, Chief Financial Officer
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EXHIBIT A
AGREEMENT REGARDING JOINT FILING
OF STATEMENT ON SCHEDULE 13D OR 13G
The undersigned
agree to file jointly with the Securities and Exchange Commission (the "SEC") any and all statements on Schedule
13D or Schedule 13G (and any amendments or supplements thereto) required under section 13(d) of the Securities
Exchange Act of 1934, as amended, in connection with purchases by the undersigned of the securities of any
issuer. For that purpose, the undersigned hereby constitute and appoint Artis Capital Management, L.P., a
California limited partnership, as their true and lawful agent and attorney-in-fact, with full power and
authority for and on behalf of the undersigned to prepare or cause to be prepared, sign, file with the SEC and
furnish to any other person all certificates, instruments, agreements and documents necessary to comply with
section 13(d) and section 16(a) of the Securities Exchange Act of 1934, as amended, in connection with said
purchases, and to do and perform every act necessary and proper to be done incident to the exercise of the
foregoing power, as fully as the undersigned might or could do if personally present.
Dated: July
8, 2009
ARTIS CAPITAL MANAGEMENT, L.P.
By: Robert A. Riemer, Chief Financial Officer
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ARTIS CAPITAL MANAGEMENT, INC.
By: Stuart L. Peterson, President
|
Stuart L. Peterson
|
|
Q:EDGAR
EasePlus6100-17 ArtisDDUP Sched 13G Amend 5sched13ga5.rtf
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