Document and Entity Information(USD $)
12 Months Ended
Dec. 31, 2011
Feb. 17, 2012
Jun. 30, 2011
Document Information [Line Items]
Entity Registrant Name
FORTINET INC
Entity Central Index Key
0001262039
Document Type
10-K
Document Period End Date
Dec. 31, 2011
Amendment Flag
false
Document Fiscal Year Focus
2011
Document Fiscal Period Focus
FY
Current Fiscal Year End Date
--12-31
Entity Current Reporting Status
Yes
Entity Filer Category
Large Accelerated Filer
Entity Well Known Seasoned Issuer
Yes
Entity Voluntary Filers
No
Entity Common Stock, Shares Outstanding
156,363,007
Entity Public Float
$2,977,981,761
Consolidated Balance Sheets(USD $)
In Thousands, unless otherwise specified
Dec. 31, 2011
Dec. 31, 2010
CURRENT ASSETS:
Cash and cash equivalents
$71,990
$66,859
Short-term investments
318,283
246,651
Accounts receivable, net of allowance for doubtful accounts of $336 and $303 at December 31, 2011 and December 31, 2010, respectively
95,522
72,336
Inventory
16,249
13,517
Deferred tax asset
7,578
8,158
Prepaid expenses and other current assets
11,808
8,849
Deferred cost of revenues
2,140
3,788
Total current assets
523,570
420,158
PROPERTY AND EQUIPMENTNet
7,966
7,056
DEFERRED TAX ASSETNon-current
46,523
37,443
DEFERRED COST OF REVENUES
3,375
5,543
LONG-TERM INVESTMENTS
148,414
73,950
OTHER ASSETS
4,899
1,272
TOTAL ASSETS
734,747
545,422
CURRENT LIABILITIES:
Accounts payable
19,768
12,761
Accrued liabilities
15,971
16,303
Accrued payroll and compensation
24,197
19,670
Deferred revenue
206,928
169,648
Total current liabilities
266,864
218,382
DEFERRED REVENUENon-current
87,905
82,983
OTHER NON-CURRENT LIABILITIES
21,624
11,603
Total liabilities
376,393
312,968
COMMITMENTS AND CONTINGENCIES (Note 9)
  
  
STOCKHOLDERS' EQUITY:
Common stock, $0.001 par value 300,000 shares authorized; 156,401 and 150,172 shares issued and 154,992 and 148,763 shares outstanding at December 31, 2011 and December 31, 2010, respectively
156
150
Additional paid-in-capital
317,026
251,845
Treasury stock
(2,995)
(2,995)
Accumulated other comprehensive income
402
2,181
Retained earnings (accumulated deficit)
43,765
(18,727)
Total stockholders' equity
358,354
232,454
TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY
$734,747
$545,422
Consolidated Balance Sheets Parenthetical(USD $)
In Thousands, except Per Share data, unless otherwise specified
Dec. 31, 2011
Dec. 31, 2010
Allowance for doubtful accounts
$336
$303
Common Stock, par value
$0.001
$0.001
Common Stock, shares authorized
300,000
300,000
Common Stock, shares issued
156,401
150,172
Common Stock, shares outstanding
154,992
148,763
Consolidated Statements of Operations(USD $)
In Thousands, except Per Share data, unless otherwise specified
12 Months Ended
Dec. 31, 2011
Dec. 31, 2010
Dec. 31, 2009
REVENUE:
Product
$197,408
$135,140
$98,686
Services
220,268
172,046
139,172
Ratable and other revenue
15,900
17,510
14,257
Total revenue
433,576
324,696
252,115
COST OF REVENUE:
Product
73,201
51,944
42,166
Services
35,486
26,967
22,265
Ratable and other revenue
4,911
6,295
5,544
Total cost of revenue
113,598
85,206
69,975
GROSS PROFIT:
Product
124,207
83,196
56,520
Services
184,782
145,079
116,907
Ratable and other revenue
10,989
11,215
8,713
Total gross profit
319,978
239,490
182,140
OPERATING EXPENSES:
Research and development
63,577
49,801
42,195
Sales and marketing
145,532
111,968
96,291
General and administrative
21,965
22,380
18,320
Total operating expenses
231,074
184,149
156,806
OPERATING INCOME
88,904
55,341
25,334
INTEREST INCOME
3,523
1,815
1,981
OTHER INCOME (EXPENSE)Net
(354)
(815)
198
INCOME BEFORE INCOME TAXES
92,073
56,341
27,513
PROVISION FOR (BENEFIT FROM) INCOME TAXES
29,581
15,096
(32,666)
Net Income
$62,492
$41,245
$60,179
Net income per share:
Basic (in dollars per share)
$0.41
$0.29
$0.97
Diluted (in dollars per share)
$0.38
$0.26
$0.39
Weighted-average shares outstanding:
Basic (in shares)
152,581
140,726
52,668
Diluted (in shares)
163,781
156,406
130,438
Consolidated Statements of Stockholders' Equity (Deficit) and Comphrensive Income(USD $)
In Thousands, unless otherwise specified
Total
USD ($)
Preferred Stock [Member]
USD ($)
Common Stock [Member]
USD ($)
Preferred Stock [Member]
USD ($)
Preferred Stock [Member]
USD ($)
Common Stock [Member]
USD ($)
Treasury Stock [Member]
USD ($)
Treasury Stock [Member]
Common Stock [Member]
USD ($)
Additional Paid-in Capital [Member]
USD ($)
Additional Paid-in Capital [Member]
Preferred Stock [Member]
USD ($)
Accumulated Other Comprehensive Income (Loss) [Member]
USD ($)
Retained Earnings [Member]
USD ($)
Comprehensive Income [Member]
USD ($)
Initial Public Offering [Member]
USD ($)
Initial Public Offering [Member]
Common Stock [Member]
USD ($)
Initial Public Offering [Member]
Additional Paid-in Capital [Member]
USD ($)
Issuance of Stock Resulting From the Settlement of Litigation Dispute [Member]
USD ($)
Issuance of Stock Resulting From the Settlement of Litigation Dispute [Member]
Common Stock [Member]
Issuance of Stock Resulting From the Settlement of Litigation Dispute [Member]
Additional Paid-in Capital [Member]
USD ($)
Balance at Dec. 28, 2008
$(5,229)
$94,368
$41
$0
$20,813
$(300)
$(120,151)
Balance, shares at Dec. 28, 2008
80,960
41,440
0
Increase (Decrease) in Stockholders' Equity [Roll Forward]
Repurchase of shares (in shares)
(6,008)
(1,409)
Repurchase of shares
(12,768)
(2,995)
(3,183)
(2,995)
(9,585)
Convertible preferred shares converted to common shares in connection with initial public offering (in shares)
(74,952)
74,952
Convertible preferred shares converted to common shares in connection with initial public offering
0
(91,185)
75
91,110
Proceeds from issuance of common stock (in shares)
15,314
200
Proceeds from issuance of common stock
87,388
15
87,373
162
162
Exercise of warrants (in shares)
300
Exercise of warrants
1,876
1
1,875
Exercise of stock options (in shares)
2,828
Exercise of stock options
2,695
3
2,692
Warrants issued
725
725
Stock-based compensation
7,461
7,461
Income tax benefit from employee stock option plans
1,574
1,574
Net unrealized gain (loss) on investmentsnet of taxes
(33)
(33)
(33)
Net change in cumulative translation adjustments
1,417
1,417
1,417
Net Income
60,179
60,179
60,179
Comprehensive income
61,563
Balance at Dec. 31, 2009
142,452
0
135
(2,995)
204,200
1,084
(59,972)
Balance, shares at Dec. 31, 2009
0
135,034
(1,409)
Increase (Decrease) in Stockholders' Equity [Roll Forward]
Exercise of stock options and warrants (in shares)
15,138
Exercise of stock options and warrants
29,109
15
29,094
Stock-based compensation
9,315
9,315
Income tax benefit from employee stock option plans
9,235
9,235
Net unrealized gain (loss) on investmentsnet of taxes
98
98
98
Net unrealized gain (loss) on derivatives qualifying as cash flow hedges
74
74
74
Net change in cumulative translation adjustments
925
925
925
Net Income
41,245
41,245
41,245
Comprehensive income
42,342
Balance at Dec. 31, 2010
232,454
0
150
(2,995)
251,844
2,181
(18,727)
Balance, shares at Dec. 31, 2010
0
150,172
(1,409)
Increase (Decrease) in Stockholders' Equity [Roll Forward]
Exercise of stock options (in shares)
6,229
Exercise of stock options
19,968
6
19,962
Stock-based compensation
19,015
19,015
Income tax benefit from employee stock option plans
26,205
26,205
Net unrealized gain (loss) on investmentsnet of taxes
(1,153)
(1,153)
(1,153)
Net unrealized gain (loss) on derivatives qualifying as cash flow hedges
(74)
(74)
(74)
Net change in cumulative translation adjustments
(552)
(552)
(552)
Net Income
62,492
62,492
62,492
Comprehensive income
60,713
Balance at Dec. 31, 2011
$358,354
$0
$156
$(2,995)
$317,026
$402
$43,765
Balance, shares at Dec. 31, 2011
0
156,401
(1,409)
Consolidated Statements of Cash Flows(USD $)
In Thousands, unless otherwise specified
12 Months Ended
Dec. 31, 2011
Dec. 31, 2010
Dec. 31, 2009
CASH FLOWS FROM OPERATING ACTIVITIES:
Net Income
$62,492
$41,245
$60,179
Adjustments to reconcile net income to net cash provided by operating activities
Depreciation and amortization
6,989
5,696
5,935
Write-off of intangible assets
0
0
2,387
Loss on disposal of fixed assets
22
14
0
Amortization of investment premiums, net of discounts
12,515
7,349
836
Stock-based compensation
19,015
9,315
7,461
Excess tax benefit from employee stock option plans
(19,829)
(5,781)
(1,574)
Income tax benefit from release of valuation allowance
0
0
(30,211)
Changes in operating assets and liabilities:
Accounts receivablenet
(23,246)
(17,784)
(8,508)
Inventory
(6,034)
(5,946)
(2,012)
Deferred tax assets
(7,874)
(4,278)
(9,578)
Prepaid expenses and other current assets
(4,565)
(3,849)
(190)
Deferred cost of revenues
3,817
364
(1,063)
Other assets
(1,940)
55
(419)
Accounts payable
6,801
2,437
3,046
Accrued liabilities
1,765
2,363
2,157
Accrued payroll and compensation
4,773
5,465
630
Deferred revenue
42,177
50,701
30,313
Income taxes payable
35,964
16,017
2,582
Net cash provided by operating activities
132,842
103,383
61,971
CASH FLOWS FROM INVESTING ACTIVITIES:
Purchase of investments
(516,906)
(416,376)
(137,231)
Maturities and sales of investments
356,327
136,380
156,126
Purchases of property and equipment
(3,624)
(3,776)
(4,589)
Payment made in connection with business acquisition, net
(2,623)
0
(549)
Change in restricted cash
0
62
0
Net cash provided by (used in) investing activities
(166,826)
(283,710)
13,757
CASH FLOWS FROM FINANCING ACTIVITIES:
Proceeds from exercise of stock options and warrants
19,968
29,110
3,978
Proceeds from initial public offering
0
0
91,565
Offering costs paid in connection with initial public offering
(872)
(3,305)
Repurchase of convertible preferred shares
0
0
(12,768)
Repurchase of common shares
0
0
(2,995)
Excess tax benefit from employee stock option plans
19,829
5,781
1,574
Net cash provided by financing activities
39,797
34,019
78,049
EFFECT OF EXCHANGE RATES ON CASH AND CASH EQUIVALENTS
(682)
709
2,110
NET INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS
5,131
(145,599)
155,887
CASH AND CASH EQUIVALENTSBeginning of year
66,859
212,458
56,571
CASH AND CASH EQUIVALENTSEnd of year
71,990
66,859
212,458
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION:
Cash paid (refunded) for income taxes
(305)
2,483
4,746
NON-CASH INVESTING AND FINANCING ACTIVITIES:
Purchase of property and equipment not yet paid
440
135
849
Accrued offering costs not yet paid
$0
$0
$872
Summary of Significant Accounting Policies
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

Business—Fortinet, Inc. (“Fortinet”) was incorporated in Delaware in November 2000 and is a leading provider of network security appliances and UTM network security solutions to enterprises, service providers and governmental entities worldwide. Fortinet’s solutions are designed to integrate multiple levels of security protection, including firewall, virtual private networking, application control, antivirus, intrusion prevention, web filtering, antispam and WAN acceleration.

Basis of Presentation and Preparation—The consolidated financial statements include the accounts of Fortinet and its wholly owned subsidiaries (collectively, the “Company,” “we,” “us” or “our”). All intercompany transactions and balances have been eliminated in consolidation. Beginning 2005 fiscal year, we adopted a 52- to 53-week year ending on the Sunday closest to December 31 of each year. Commencing in the third quarter of fiscal 2009, we began operating and reporting financial results on a calendar quarter and year basis. Our 2009 fiscal year ended on December 31, 2009. Fiscal 2011, 2010 and 2009 were comprised of 365 days, 365 days and 368 days, respectively.

Effective June 1, 2011, we completed a two-for-one stock split of our outstanding common shares in the form of a stock dividend. All shares and per share information referenced throughout the consolidated financial statements have been retroactively adjusted to reflect this stock split.

Use of Estimates—The preparation of consolidated financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the consolidated financial statements and the reported amounts of revenues and expenses during the reporting period. Such management estimates include implicit service periods for revenue recognition, litigation and settlement costs and other loss contingencies, sales returns and allowances, reserve for bad debt, inventory write-offs, reserve for warranty costs, valuation of deferred tax assets, and tangible and intangible assets. We base our estimates on historical experience and also on assumptions that we believe are reasonable. Actual results could differ from those estimates.

Certain Significant Risks and Uncertainties—We are subject to certain risks and uncertainties that could have a material adverse effect on our future financial position or results of operations, such as the following: changes in level of demand for our products and services, the timing and success of new product and service introductions by us or our competitors, price and sales competition and our ability to adapt to changing market conditions and dynamics such as changes in end-customer, distributor or reseller requirements or market needs, changes in expenses caused, for example, by fluctuations in foreign currency exchange rates, management of inventory, internal control over financial reporting, market acceptance of our new products and services, demand for UTM products and services in general, seasonality, failure of our channel partners to perform or other disruption in our channel, the quality of our products and services and the market perception of our response to new viruses or security breaches, general economic conditions, challenges in doing business outside of the United States of America, changes in customer relationships, litigation, or claims against us based on intellectual property, patent, product regulatory or other factors (Note 9), product obsolescence, and our ability to attract and retain qualified employees.

We rely on sole suppliers and independent contract manufacturers for certain of our components and one third-party logistics company for certain distribution of our products. The inability of any of these parties to fulfill our supply and logistics requirements could negatively impact our future operating results.

Concentration of Credit Risk—Financial instruments that subject us to concentrations of credit risk consist primarily of cash, cash equivalents, short-term investments, and accounts receivable. We maintain our cash and cash equivalents in fixed income securities with major financial institutions, which our management assesses to be of high credit quality, in order to limit the exposure of each investment. Deposits held with banks may exceed the amount of insurance provided on such deposits.

Credit risk with respect to accounts receivable in general is diversified due to the number of different entities comprising our customer base and their location throughout the world. We perform ongoing credit evaluations of our customers and generally do not require collateral on accounts receivable. We maintain reserves for estimated potential credit losses.

At December 31, 2011 and December 31, 2010, no single customer accounted for more than 10% of net accounts receivable.

During fiscal 2011 and 2010, no single customer accounted for more than 10% of total net revenues. During fiscal 2009, one customer accounted for 12% of total net revenues.

Financial Instruments and Fair Value—We apply fair value accounting for all financial assets and liabilities and non-financial assets and liabilities that are recognized or disclosed at fair value in the financial statements on a recurring basis. Due to their short-term nature, the carrying amounts reported in the consolidated financial statements approximate the fair value for accounts receivable, accounts payable, accrued compensation, and other current liabilities.

Comprehensive Income (Loss)—ASC 220 establishes standards for the reporting and displaying of comprehensive income and its components. Comprehensive income includes certain changes in equity from non-owner sources that are excluded from net income. Specifically, cumulative foreign currency translation adjustments, unrealized gains and losses on available-for-sale investments, and unrealized gains and losses on derivatives are included in comprehensive income in stockholders' equity.

Foreign Currency Translation—Assets and liabilities of foreign subsidiaries are translated into U.S. dollars using the exchange rates in effect at the balance sheet dates and revenue and expenses are translated using average exchange rates during the period. The resulting foreign translation adjustments are recorded in accumulated other comprehensive income (loss). Foreign currency transaction gains (losses) of $(0.4) million, $(0.8) million and $0.1 million, are included in other income (expense), net for fiscal 2011, 2010 and 2009, respectively.

Cash, Cash Equivalents and Available-for-sale Investments—We consider all highly liquid investments, purchased with original maturities of three months or less, to be cash equivalents. Cash and cash equivalents consist of cash on-hand, balances with banks, and highly liquid investments in money market funds, commercial paper, and certificates of deposit.

We classify our investments as available-for-sale at the time of purchase since it is our intent that these investments are available for current operations, and include these investments on our balance sheet as either short-term or long-term investments depending on their maturity at the time of purchase. Investments with original maturities greater than three months that mature less than one year from the consolidated balance sheet date are classified as short-term investments. Investments with maturities greater than one year from the consolidated balance sheet date are classified as long-term investments.

Investments are considered to be impaired when a decline in fair value is judged to be other-than-temporary. We consult with our investment managers and consider available quantitative and qualitative evidence in evaluating potential impairment of our investments on a quarterly basis. If the cost of an individual investment exceeds its fair value, we evaluate, among other factors, general market conditions, the duration and extent to which the fair value is less than cost, and our intent and ability to hold the investment. Once a decline in fair value is determined to be other-than-temporary, an impairment charge is recorded and a new cost basis in the investment is established.

For debt securities in an unrealized loss position which are deemed to be other-than-temporary, the difference between the security's then-current amortized cost basis and fair value is separated into (i) the amount of the impairment related to the credit loss (i.e., the credit loss component) and (ii) the amount of the impairment related to all other factors (i.e., the non-credit loss component). The credit loss component is recognized in earnings. The non-credit loss component is recognized in accumulated other comprehensive loss.

Inventory—Inventory is recorded at the lower of cost (using the first-in, first-out method) or market, after we give appropriate consideration to obsolescence and inventory in excess of anticipated future demand. In assessing the ultimate recoverability of inventory, we are required to make estimates regarding future customer demand, the timing of new product introductions, economic trends and market conditions. If the actual product demand is significantly lower than forecasted, we could be required to record additional inventory write-downs, which could have an adverse impact on our gross margins and profitability.

Deferred Cost of Revenues—Deferred cost of revenues represent the unamortized cost of products associated with services and ratable and other revenue, which is based upon the actual cost of the hardware sold and is recognized over the service periods of the arrangements. Deferred cost of revenue associated with short-term deferred revenue is classified as short-term and deferred cost of revenue associated with long-term deferred revenue is classified as long-term.

Property and Equipment—Property and equipment are stated at cost. Depreciation is computed using the straight-line method over the estimated useful lives of the assets, generally one to three years. Evaluation units are transferred from inventory at cost and are amortized over one year from the date of transfer. Leasehold improvements are amortized over the shorter of the estimated useful lives of the improvements or the lease term.

Impairment of Long-Lived Assets—We evaluate events and changes in circumstances that could indicate carrying amounts of long-lived assets, including intangible assets, may not be recoverable. When such events or changes in circumstances occur, we assess the recoverability of long-lived assets by determining whether the carrying value of such assets will be recovered through undiscounted expected future cash flows. If the total of the future undiscounted cash flows is less than the carrying amount of those assets, we record an impairment charge in the period in which we make the determination. If such assets are considered to be impaired, the impairment to be recognized is measured by the amount by which the carrying amount of the assets exceeds the fair value of the assets.

Deferred Revenue—Deferred revenue consists of amounts that have been invoiced but that have not yet been recognized as revenue.

Income Taxes—We record income taxes using the asset and liability method, which requires the recognition of deferred tax assets and liabilities for the expected future tax consequences of events that have been recognized in our financial statements or tax returns. In estimating future tax consequences, generally all expected future events other than enactments or changes in the tax law or rates are considered. We assess the likelihood that some portion or all of our deferred tax assets will be recovered from future taxable income within the respective jurisdictions, and to the extent we believe that recovery does not meet the “more-likely-than-not” standard, based solely on its technical merits as of the reporting date, we establish a valuation allowance. We consider many factors when evaluating and estimating our tax positions and tax benefits, which may require periodic adjustments and which may not accurately anticipate actual outcomes.

We operate in various tax jurisdictions and are subject to audit by various tax authorities. We provide for tax contingencies whenever it is deemed more likely than not that a tax asset has been impaired or a tax liability has been incurred for events such as tax claims or changes in tax laws. Tax contingencies are based upon their technical merits, relevant tax law and the specific facts and circumstances as of each reporting period. Changes in facts and circumstances could result in material changes to the amounts recorded for such tax contingencies.

Stock-Based Compensation—We apply ASC 718 to our stock option grants and stock purchase rights, which requires compensation expense related to share-based transactions, including employee stock options and stock purchase rights under our ESPP, to be measured and recognized in the financial statements based on fair value. Under ASC 718, the fair value of each option award is estimated on the grant date using the Black-Scholes option pricing model.

Advertising Expense—Advertising costs are expensed when incurred and is included in operating expenses in the accompanying consolidated statements of operations. Our advertising expenses were not significant for any periods presented.

Research and Development Costs—Research and development costs are expensed as incurred.

Software Development Costs—The costs to develop software have not been capitalized as we believe our current software development process is essentially completed concurrent with the establishment of technological feasibility.

Revenue Recognition—In October 2009, the FASB amended the ASC as summarized in ASU No. 2009-13, Revenue Recognition (Topic 605): Multiple-Deliverable Revenue Arrangements, and ASU No. 2009-14, Software (Topic 985): Certain Revenue Arrangements That Include Software Elements. ASU 2009-13 amends the accounting for multiple-element arrangements to provide guidance on how the deliverables in an arrangement should be separated and eliminates the use of the residual method. ASU 2009-13 also requires an entity to allocate revenue using the relative selling price method. The standard establishes a hierarchy of evidence to determine the stand-alone selling price of a deliverable based on VSOE, TPE, and the BESP. If VSOE is available, it would be used to determine the selling price of a deliverable. If VSOE is not available, the entity would determine whether TPE is available. If so, TPE must be used to determine the selling price. If TPE is not available, then the BESP would be used. ASU 2009-14 amends industry specific revenue accounting guidance for software and software related transactions to exclude from its scope tangible products containing software components and non-software components that function together to deliver the product's essential functionality.
 
Effective January 1, 2011, we adopted the provisions of ASU 2009-13 and ASU 2009-14 for new and materially modified arrangements originating after December 31, 2010. The adoption of ASU 2009-13 and ASU 2009-14, increased revenues $20.0 million for fiscal 2011. The increase was primarily due to certain product revenue, which can now be recognized upon shipment, but would have been deferred under the previous revenue recognition rules. We expect the adoption of ASU 2009-13 and ASU 2009-14 to have an impact on future periods; however, we cannot reasonably estimate the effect of adopting these standards on future financial periods as the impact will vary depending on the nature and volume of new or materially modified arrangements in any given period.
 
This guidance does not generally change the units of accounting for our revenue transactions. Most non-software products and services qualify as separate units of accounting because they have value to the customer on a standalone basis and our revenue arrangements generally do not include a right of return relative to delivered products.
 
The majority of our products are hardware appliances containing software components that function together to provide the essential functionality of the product, therefore, our hardware appliances are considered non-software deliverables and are no longer within the scope of ASC 985-605.
 
Our product revenue also includes software products that may operate on the hardware appliances, but are not considered essential to the functionality of the hardware and continue to be subject to the guidance at ASC 985-605, which remains unchanged. This includes the use of the residual method for multiple element arrangements. Certain of our software, when sold with our appliances, is considered essential to its functionality and as a result is no longer accounted for under ASC 985-605; however, this same software if sold separately is accounted for under the guidance at ASC 985-605.
 
For all transactions originating or materially modified after December 31, 2010, we recognize revenue in accordance with ASU 2009-13. Certain arrangements with multiple deliverables may continue to have software deliverables that are subject to ASC 985-605 along with non-software deliverables that are subject to the ASU 2009-13. When a sales arrangement contains multiple elements, such as hardware appliances, software, customer support services, and/or professional services, we allocate revenue to each element based on the aforementioned selling price hierarchy. In multiple element arrangements where software is more-than-incidental, revenue is allocated to each separate unit of accounting for each of the non-software deliverables and to the software deliverables as a group using the relative selling prices of each of the deliverables in the arrangement based on the selling price hierarchy in ASU 2009-13.
     
VSOE of fair value for elements of an arrangement is based upon the normal pricing and discounting practices for those services when sold separately. In determining VSOE, we require that a substantial majority of the selling prices for a service fall within a reasonably narrow pricing range, generally evidenced by a substantial majority of such historical stand-alone transactions falling within a reasonably narrow range of the median rates. In addition, we consider major segments, geographies, customer classifications, and other variables in determining VSOE.

We are typically not able to determine TPE for our products or services. TPE is determined based on competitor prices for similar deliverables when sold separately. Generally, our go-to-market strategy differs from that of our peers and our offerings contain a significant level of differentiation such that the comparable pricing of products with similar functionality cannot be obtained. Furthermore, we are unable to reliably determine what similar competitor products' selling prices are on a stand-alone basis.

For our hardware appliances we use BESP as our selling price. For our support and services, we generally use VSOE as our selling price. When we are unable to establish a selling price using VSOE for our support and services, we use BESP in our allocation of arrangement consideration. The objective of BESP is to determine the price at which we would transact a sale if the product or service were sold on a stand-alone basis. We determine BESP for a product or service by considering multiple factors including, but not limited to, cost of products, gross margin objectives, pricing practices, geographies, customer classes and distribution channels. We review our BESP estimates on a quarterly basis to coincide with our VSOE review process.

We recognize revenue for our software sales based on software revenue recognition guidance pursuant to ASC 985-605. Under ASC 985-605, we use the residual method to recognize revenue when a product agreement includes one or more elements to be delivered and VSOE of fair value for all undelivered elements exists. If evidence of the fair value of one or more undelivered elements does not exist, all revenue is generally deferred and recognized when delivery of those elements occurs or when fair value can be established. When the undelivered element for which we do not have VSOE of fair value is support, revenue for the entire arrangement is recognized ratably over the support period.
 
We derive revenue from sales of products, including appliances and software, and services, including subscription, support and other services. Our appliances include operating system software that is integrated into the appliance hardware and is deemed essential to its functionality. As a result, we account for revenue in accordance with ASC 985-605 and all related interpretations.

Revenue is recognized when all of the following criteria have been met:
 
Persuasive evidence of an arrangement exists. Binding contracts or purchase orders are generally used to determine the existence of an arrangement.
 
Delivery has occurred. Delivery occurs when we fulfill an order and title and risk of loss has been transferred or upon delivery of the service contract registration code.
 
The fee is fixed or determinable. We assess whether the fee is fixed or determinable based on the payment terms associated with the transaction. In the event payment terms differ from our standard business practices, the fees are deemed to be not fixed or determinable and revenue is recognized when the payments become due, provided the remaining criteria for revenue recognition have been met.
 
Collectability is probable. We assess collectability based primarily on creditworthiness as determined by credit checks and analysis, as well as payment history. Payment terms generally range from 30 to 90 days from invoice date.
 
For arrangements which include end-customer acceptance criteria, revenue is recognized upon acceptance. We recognize product revenue on sales to distributors that have no general right of return and direct sales to end-customers upon shipment, once all other revenue recognition criteria have been met. We also recognize revenue upon sell-through for distributor agreements that allow for rights of return. Such returns are estimated and recorded as a reduction to revenue. Substantially all of our products have been sold in combination with services, which consist of subscriptions and/or support. Subscription services provide access to our antivirus, intrusion prevention, web filtering, and anti-spam functionality. Support services include rights to unspecified software upgrades, maintenance releases and patches, telephone and Internet access to technical support personnel, and hardware support.
 
The subscription and support services start on the date the customer registers the appliance. The customer is then entitled to service for the stated contractual period beginning on the registration date.
 
We offer certain sales incentives to channel partners. We reduce revenue for estimates of sales returns and allowances. Additionally, in limited circumstances we may permit end-customers, distributors and resellers to return our products, subject to varying limitations, for a refund within a reasonably short period from the date of purchase. We estimate and record reserves for sales incentives and sales returns based on historical experience.

Accounts Receivable—Trade accounts receivable are recorded at the invoiced amount, net of allowances for doubtful accounts and reserves for sales returns and allowances. The allowance for doubtful accounts is based on our assessment of the collectability of customer accounts. We regularly review the allowance by considering factors such as historical experience, credit quality, age of the accounts receivable balances and current economic conditions that may affect a customer's ability to pay. The reserve for sales returns and allowances is based on specific criteria including agreements to provide rebates and other factors known at the time, as well as estimates of the amount of goods shipped that will be returned. To determine the adequacy of the reserves for sales returns and allowances, we analyze historical experience of actual rebates and returns as well as current product return information.

Warranties—We generally provide a one-year warranty on hardware products and a 90-day warranty on software. A provision for estimated future costs related to warranty activities is recorded as a component of cost of product revenues when the product revenues are recognized, based upon historical product failure rates and historical costs incurred in correcting product failures. In the event we change our warranty reserve estimates, the resulting charge against future cost of sales or reversal of previously recorded charges may materially affect our gross margins and operating results.

Accrued warranty activities are summarized as follows ($ amounts in 000's):
 
 
Fiscal Year
 
2011
 
2010
 
2009
Accrued warranty balance—beginning of the period
1,878

 
2,257

 
2,882

Warranty costs incurred
(1,778
)
 
(1,337
)
 
(1,502
)
Provision for warranty for the year
2,103

 
1,069

 
1,169

Accruals related to changes in estimates
379

 
(111
)
 
(292
)
Accrued warranty balance—end of the period
2,582

 
1,878

 
2,257


 
Foreign Currency Derivatives—Our sales contracts are primarily denominated in U.S. dollars and therefore substantially all of our revenue is not subject to foreign currency translation risk. However, a substantial portion of our operating expenses incurred outside the U.S. are denominated in foreign currencies and are subject to fluctuations due to changes in foreign currency exchange rates, particularly changes in the CAD, EUR, GBP, and JPY. To help protect against significant fluctuations in value and the volatility of future cash flows caused by changes in currency exchange rates, we engage in foreign currency risk management activities to hedge balance sheet items denominated in EUR, GBP, and CAD. We do not use these contracts for speculative or trading purposes. All of the derivative instruments are with high quality financial institutions and we monitor the creditworthiness of these parties. These contracts typically have maturities between one and three months. We account for our hedges under ASC 815 Derivatives and Hedging. We record changes in the fair value of forward exchange contracts related to balance sheet accounts as other income (expense), net in the consolidated statement of operations.

Additionally, independent of any hedging activities, fluctuations in foreign currency exchange rates may cause us to recognize transaction gains and losses in our consolidated statements of operations. Our hedging activities are intended to reduce, but not eliminate, the impact of currency exchange rate movements. As our hedging activities are relatively short-term in nature, long-term material changes in the value of the U.S. dollar versus the EUR, GBP, CAD or JPY could adversely impact our operating expenses in the future.

The notional amount of forward exchange contracts to hedge balance sheet accounts as of December 31, 2011 was (amounts in 000's):

 
Buy/Sell
 
Notional
To hedge balance sheet accounts:
 
 
 
Currency
 
 
 
EUR
Buy
 
5,526

GBP
Buy
 
1,545

CAD
Buy
 
12,000



Recent Accounting Pronouncements

In May 2011, the FASB issued ASU No. 2011-04, Amendments to Achieve Common Fair Value Measurement and Disclosure Requirements in U.S. GAAP and International Financial Reporting Standards (Topic 820) – Fair Value Measurement (ASU 2011-04), to provide a consistent definition of fair value and ensure that the fair value measurement and disclosure requirements are similar between U.S. GAAP and International Financial Reporting Standards. ASU 2011-04 changes certain fair value measurement principles and enhances the disclosure requirements particularly for Level 3 fair value measurements. This accounting update will be applicable to the Company beginning in the first quarter of fiscal year 2012 and should be applied prospectively. The Company does not believe the adoption of this guidance will have a material impact on its consolidated financial statements.

In June 2011, the FASB issued ASU No. 2011-05, Comprehensive Income (Topic 220) - Presentation of Comprehensive Income (ASU 2011-05), to require an entity to present the total of comprehensive income, the components of net income, and the components of other comprehensive income either in a single continuous statement of comprehensive income or in two separate but consecutive statements. ASU 2011-05 eliminates the option to present the components of other comprehensive income as part of the statement of equity. This accounting update will be applicable to the Company beginning in the first quarter of fiscal year 2012.
Financial Instruments and Fair Value
FINANCIAL INSTRUMENTS AND FAIR VALUE
FINANCIAL INSTRUMENTS AND FAIR VALUE

The following table summarizes our investments ($ amounts in 000's):
 
 
December 31, 2011
 
Amortized
Cost
 
Unrealized
Gains
 
Unrealized
Losses
 
Fair
Value
U.S. government and agency securities
38,900

 
10

 
(2
)
 
38,908

Corporate debt securities
339,110

 
219

 
(1,832
)
 
337,497

Commercial paper
51,025

 
7

 
(5
)
 
51,027

Municipal bonds
20,473

 
36

 
(5
)
 
20,504

Certificates of deposit and term deposits
18,762

 
1

 
(2
)
 
18,761

Total
468,270

 
273

 
(1,846
)
 
466,697

 
 
 
 
 
 
 
 
 
December 31, 2010
 
Amortized
Cost
 
Unrealized
Gains
 
Unrealized
Losses
 
Fair
Value
U.S. government and agency securities
51,989

 

 
(46
)
 
51,943

Corporate debt securities
213,237

 
159

 

 
213,396

Commercial paper
38,914

 
5

 

 
38,919

Municipal bonds
11,069

 
11

 

 
11,080

Certificates of deposit and term deposits
5,263

 

 

 
5,263

Total
320,472

 
175

 
(46
)
 
320,601



The following table shows the gross unrealized losses and fair values of our investments, aggregated by investment category and length of time that individual securities have been in a continuous unrealized loss position, at December 31, 2011 ($ amounts in 000's):

 
Less Than 12 Months
 
12 Months or Greater
 
Total
 
Fair
Value
 
Unrealized
Losses
 
Fair
Value
 
Unrealized
Losses
 
Fair
Value
 
Unrealized
Losses
U.S. government and agency securities
10,996

 
(2
)
 

 

 
10,996

 
(2
)
Corporate debt securities
258,159

 
(1,832
)
 

 

 
258,159

 
(1,832
)
Commercial paper
9,279

 
(5
)
 

 

 
9,279

 
(5
)
Municipal bonds
8,067

 
(5
)
 

 

 
8,067

 
(5
)
Certificates of deposit and term deposits
7,499

 
(2
)
 

 

 
7,499

 
(2
)
Total available-for-sale securities
294,000

 
(1,846
)
 

 

 
294,000

 
(1,846
)









The contractual maturities of our investments are as follows ($ amounts in 000's)
 
 
December 31,
2011
 
December 31,
2010
Due within one year
318,283

 
246,651

Due after one year
148,414

 
73,950

Total
466,697

 
320,601



Available-for-sale securities are reported at fair value, with unrealized gains and losses, net of tax, included as a separate component of stockholders’ equity (deficit) and in total comprehensive income. Realized gains and losses on available-for-sale securities are included in other income (expense), net in our consolidated statements of operations.

Realized gains and losses from the sale of available-for-sale securities were not significant in any period presented.
 
Fair Value Accounting—We apply ASC 820 which establishes a valuation hierarchy for disclosure of the inputs to fair value measurement. This hierarchy prioritizes the inputs into three broad levels as follows:

Level 1—Inputs are unadjusted quoted prices in active markets for identical assets or liabilities.

Level 2—Inputs are quoted prices for similar assets and liabilities in active markets or inputs that are observable for the assets or liabilities, either directly or indirectly through market corroboration, for substantially the full term of the financial instruments.

Level 3—Unobservable inputs based on our own assumptions used to measure assets and liabilities at fair value. The inputs require significant management judgment or estimation.

We measure the fair value of money market funds using quoted prices in active markets for identical assets. The fair value of all other financial instruments was based on quoted prices for similar asserts in active markets, or model driven valuations using significant inputs derived from or corroborated by observable market data.
 
We classify investments within Level 1 if quoted prices are available in active markets for identical securities.
 
We classify items within Level 2 if the investments are valued using model driven valuations using observable inputs such as quoted market prices, benchmark yields, reported trades, broker/dealer quotes or alternative pricing sources with reasonable levels of price transparency. Investments are held by custodians who obtain investment prices from a third-party pricing provider that incorporates standard inputs in various asset price models.


The following table presents the fair value of our financial assets as of December 31, 2011 and December 31, 2010 using the ASC 820 input categories:
 
 
December 31, 2011
 
December 31, 2010
 
Aggregate
Fair
Value
 
Quoted
Prices in
Active
Markets For
Identical
Assets
 
Significant
Other
Observable
Remaining
Inputs
 
Aggregate
Fair
Value
 
Quoted
Prices in
Active
Markets For
Identical
Assets
 
Significant
Other
Observable
Remaining
Inputs
 
 
 
(Level 1)
 
(Level 2)
 
 
 
(Level 1)
 
(Level 2)
Assets:
 
 
 
 
 
 
 
 
 
 
 
U.S. government and agency securities
38,908

 

 
38,908

 
51,943

 

 
51,943

Corporate debt securities
337,497

 

 
337,497

 
213,396

 

 
213,396

Commercial paper
64,890

 

 
64,890

 
52,415

 

 
52,415

Municipal bonds
20,504

 

 
20,504

 
11,080

 

 
11,080

Certificates of deposit and term deposits
18,761

 

 
18,761

 
5,263

 

 
5,263

Money market funds
31,438

 
31,438

 

 
7,078

 
7,078

 

Foreign currency contracts

 

 

 
74

 

 
74

Total
511,998

 
31,438

 
480,560

 
341,249

 
7,078

 
334,171

Reported as:
 
 
 
 
 
 
 
 
 
 
 
Cash equivalents
45,301

 
 
 
 
 
20,574

 
 
 
 
Short-term investments
318,283

 
 
 
 
 
246,651

 
 
 
 
Prepaid expenses and other current assets

 
 
 
 
 
74

 
 
 
 
Long-term investments
148,414

 
 
 
 
 
73,950

 
 
 
 
Total
511,998

 
 
 
 
 
341,249

 
 
 
 


Subsequent to the issuance of the 2010 consolidated financial statements, we determined that $5.3 million of term deposits classified as Level 1 investments as of December 31, 2010 should have been classified as Level 2 as these investments are not actively traded. Accordingly, we have corrected the classification of term deposits from Level 1 to Level 2 in the table of fair value measurements as of December 31, 2010.

We did not hold financial assets or liabilities which were recorded at fair value using inputs in the Level 3 category as of December 31, 2011 and December 31, 2010. There were no transfers between Level 1 and Level 2 of the fair value hierarchy during the year ended December 31, 2011.
Inventory
INVENTORY
INVENTORY

Inventory consisted of the following ($ amounts in 000's):
 
 
December 31,
2011
 
December 31,
2010
Raw materials
3,447

 
2,593

Finished goods
12,802

 
10,924

Inventory
16,249

 
13,517

Property and Equipment - Net
PROPERTY AND EQUIPMENT - Net
PROPERTY AND EQUIPMENT—Net
Property and equipment consisted of the following ($ amounts in 000's):
 
 
December 31,
2011
 
December 31,
2010
Evaluation units
13,912

 
10,607

Computer equipment and software
12,219

 
9,561

Furniture and fixtures
1,307

 
1,087

Leasehold improvements and tooling
4,381

 
4,548

Total property and equipment
31,819

 
25,803

Less: accumulated depreciation
(23,853
)
 
(18,747
)
Property and equipment—net
7,966

 
7,056



Depreciation expense was $7.0 million, $5.7 million and $5.0 million in 2011, 2010 and 2009, respectively.
Acquisitions
ACQUISITIONS
ACQUISITIONS

On April 6, 2011, we completed the acquisition of TalkSwitch Corp. (TalkSwitch), a privately held company that provides voice over IP phone system technology, for a cash payment of $2.6 million. We accounted for this acquisition as a purchase of a business and, accordingly, the total purchase price has been allocated to TalkSwitch tangible and identifiable intangible assets acquired and liabilities assumed based on their estimated fair market values as of the acquisition date. The purchase price allocation resulted in purchased tangible assets of approximately $0.9 million and liabilities of $0.1 million and purchased identifiable intangible assets of approximately $1.8 million. Identifiable intangible assets consist of purchased technology. The fair value assigned to identifiable intangible assets acquired is determined using the income approach, which discounts expected future cash flows to present value using estimates and assumptions determined by us. Purchased identifiable intangible assets are being amortized on a straight-line basis over three years. The financial results of this acquisition are considered immaterial for purposes of pro forma financial disclosures.
Intangible Assets
INTANGIBLE ASSETS
INTANGIBLE ASSETS

The following table presents the detail of our existing intangible assets with definite lives included in other assets as of December 31, 2011 ($ amounts in 000's):

 
Gross
 
Accumulated Amortization
 
Net
Existing intangibles
1,772

 
394

 
1,378



Amortization expense, for the nine months post acquisition, was $0.4 million in fiscal 2011. The following table summarizes estimated future amortization expense of purchased intangible assets with definite lives for the future fiscal year ($ amounts in 000's):

 
Amount
Fiscal Years:
 
2012
563

2013
611

2014
204

Total
1,378

Income Per Share
INCOME PER SHARE
INCOME PER SHARE

Basic net income per share is computed by dividing net income attributable to common stockholders by the weighted-average number of common shares outstanding during the period. Diluted net income per share is computed by dividing net income attributable to common stockholders by the weighted-average number of common shares outstanding, plus the dilutive effects of stock options and warrants. Potentially dilutive common shares are determined by applying the treasury stock method to the assumed exercise of outstanding stock options.

Net income per share information for fiscal 2009 gives effect to the repurchase of convertible preferred shares (Note 10). The excess of the fair value of the consideration paid for such preferred stock over the carrying value of the preferred stock represents a return to the preferred stockholders and is treated in a manner similar to the treatment of dividends paid to the holders of preferred stock in the computation of income per share. As a result, the premium paid is subtracted from net income attributable to common stockholders in determining income per share.

In November 2009, all of our outstanding convertible preferred stock converted into common stock in connection with our initial public offering. For periods that ended prior to such conversion, net income per share information is computed using the two-class method. The convertible preferred shares were entitled to receive annual non-cumulative dividends of $0.02, $0.05, $0.12, $0.12 and $0.30 per share for Series A, B, C, D, and E, respectively, payable prior and in preference to holders of common stock. After the payment of such dividends, convertible preferred shares were further entitled to receive a proportionate amount of any dividends paid on common stock on an if-converted basis. As a result of such dividend rights, the convertible preferred shares are considered to be participating securities. Under the two-class method of computing income per share, net income attributable to common stockholders is computed by an adjustment to subtract from net income the portion of current year earnings that the preferred stockholders would have been entitled to receive pursuant to their dividend rights had all of the year’s earnings been distributed. No such adjustment to earnings is made during periods with a net loss, as the holders of the convertible preferred shares had no obligation to fund losses.

A reconciliation of the numerator and denominator used in the calculation of basic and diluted net income per share follows ($ and share amounts in 000's, except per share amounts):
 
 
Fiscal Year
 
2011
 
2010
 
2009
Numerator:
 
 
 
 
 
Net income
62,492

 
41,245

 
60,179

Premium paid on repurchase of convertible preferred shares

 

 
(9,266
)
Net income attributable to common stockholders-basic and diluted
62,492

 
41,245

 
50,913

 
 
 
 
 
 
Denominator:
 
 
 
 
 
Basic shares:
 
 
 
 
 
Weighted-average common shares outstanding-basic
152,581

 
140,726

 
52,668

Diluted shares:
 
 
 
 
 
Weighted-average common shares outstanding-basic
152,581

 
140,726

 
52,668

Effect of potentially dilutive securities:
 
 
 
 
 
Employee stock options
11,200

 
15,524

 
11,742

Employee stock purchase rights

 

 

Warrants to purchase common stock

 
156

 
38

Convertible preferred stock

 

 
65,990

Weighted-average shares used to compute diluted net income per share
163,781

 
156,406

 
130,438

Net income per share attributable to common stockholders:
 
 
 
 
 
Basic
0.41

 
0.29

 
0.97

Diluted
0.38

 
0.26

 
0.39




The following weighted-average outstanding shares of options and employee stock purchase rights were excluded from the computation of diluted net income per common share applicable to common stockholders for the periods presented, as their effect would have been antidilutive (in 000's):
 
 
Fiscal Year
 
2011
 
2010
 
2009
Options to purchase common stock
3,893

 
3,006

 
9,168

Employee stock purchase rights
122

 

 

Deferred Revenues
DEFERRED REVENUES
DEFERRED REVENUES

Deferred revenues consisted of the following ($ amounts in 000's):
 
 
December 31,
2011
 
December 31,
2010
Product
5,817

 
4,466

Services
272,843

 
219,022

Ratable and other revenue
16,173

 
29,143

Total deferred revenue
294,833

 
252,631

Reported As:
 
 
 
Short-term
206,928

 
169,648

Long-term
87,905

 
82,983

Total deferred revenue
294,833

 
252,631

Commitments and Contingencies
COMMITMENTS AND CONTINGENCIES
COMMITMENTS AND CONTINGENCIES

Leases and Minimum Royalties—We lease our facilities under various noncancelable operating leases, which expire through the year 2015. Rent expense was $8.2 million, $7.0 million and $6.1 million for fiscal 2011, 2010 and 2009, respectively. Rent expense is recognized using the straight-line method over the term of the lease. The aggregate future noncancelable minimum rental payments on operating leases as of December 31, 2011 are as follows ($ amounts in 000's):
 
 
Rental
Payment
Fiscal Years:
 
2012
7,308

2013
4,712

2014
3,041

2015
1,604

Total
16,665


    
Contract Manufacturer Commitments—Our independent contract manufacturers procure components and build our products based on our forecasts. These forecasts are based on estimates of future demand for our products, which are in turn based on historical trends and an analysis from our sales and marketing organizations, adjusted for overall market conditions. In order to reduce manufacturing lead times and plan for adequate component supply, we may issue purchase orders to some of our independent contract manufacturers which may not be cancelable. As of December 31, 2011, we had $26.0 million of open purchase orders with our independent contract manufacturers that may not be cancelable.
 
Litigation—In August 2009, Trend Micro filed a complaint against us in the Superior Court of the State of California for Santa Clara County alleging breach of contract and seeking a declaratory judgment that we are obligated to make certain royalty payments to Trend Micro pursuant to a settlement and license agreement entered into in January 2006. In December 2011, we entered into a settlement agreement with Trend Micro resolving the dispute for a one-time payment of $9.0 million. The settlement agreement includes a fully paid license to the patents subject to the prior patent license agreement with no continuing obligation to pay royalties for those patents. We had previously accrued a liability of $7.2 million as of the date of the settlement of our litigation with Trend Micro. The remaining $1.8 million was recorded as a prepaid asset as of December 31, 2011, which is being expensed as Cost of revenue over the remaining term of the related patents of four years.
 
In August 2009, Enhanced Security Research, LLC and Security Research Holdings LLC (collectively “ESR”), a non-practicing entity, filed a complaint against us in the United States District Court for the District of Delaware alleging infringement by us and other defendants of two patents. The plaintiffs are claiming unspecified damages and requesting an injunction against the alleged infringement. In June 2010, the Court granted our motion to stay pending the outcome of reexamination proceedings on both asserted patents. The PTO has finally rejected all of the claims of the patents in the suit and ESR has appealed this result to the Board of Patent Appeals and Interferences (“BPAI”). We have determined that, as of this time, there is not a reasonable possibility that a loss may be incurred. 
 
In April 2010, an individual, a former stockholder of Fortinet, filed a class action lawsuit against us claiming unspecified damages in the California Superior Court for the County of Los Angeles alleging violation of various California Corporations Code sections and related tort claims alleging misrepresentation and breach of fiduciary duty regarding the 2009 repurchase by Fortinet of shares of its stock while we were a privately-held company. The plaintiff is claiming unspecified damages. In September 2010, the Court granted our motion to transfer the case to the California Superior Court for Santa Clara County and the plaintiff has filed an amended complaint in the Superior Court to add individual defendants, among other amendments. Currently the case is in the early stages, and we have determined that, as of this time, there is not a reasonable possibility that a loss may be incurred.

In July 2010, Network Protection Sciences, LLC ("NPS"), a non-practicing entity, filed a complaint in the United States District Court for the Eastern District of Texas alleging patent infringement by us and other defendants. NPS is claiming unspecified damages, including treble damages for willful infringement, and requests an injunction against such alleged infringement. In December 2011, in the United States District Court for the Eastern District of Texas ordered the case to be transferred to the Northern District of California. Currently the case is in the early stages, and we have determined that, as of this time, there is not a reasonable possibility that a loss may be incurred.

Indemnification—Under the indemnification provisions of our standard sales contracts, we agree to defend our customers against third-party claims asserting infringement of certain intellectual property rights, which may include patents, copyrights, trademarks, or trade secrets, and to pay judgments entered on such claims. Our exposure under these indemnification provisions is generally limited to the total amount paid by our customer under the agreement. However, certain agreements include indemnification provisions that could potentially expose us to losses in excess of the amount received under the agreement. To date, there have been no claims under such indemnification provisions.
Stockholder's Equity
STOCKHOLDER'S EQUITY
STOCKHOLDERS’ EQUITY

Common Shares Reserved for Issuance—At December 31, 2011, we had reserved 46,789,659 common shares for issuance.

Stock Repurchase—While we were a privately-held company, during the first six months of fiscal 2009, our Board of Directors approved a stock repurchase authorization. This repurchase authorization allowed us to repurchase up to $20.0 million of our convertible preferred and common stock at $4.25 per share through June 17, 2009. This repurchase authorization expressly excluded our board members and senior management. We repurchased 1,409,264 shares of common stock and 6,008,330 shares of convertible preferred stock for a total consideration of $15.7 million in fiscal 2009.
Stock Plans
STOCK PLANS
STOCK PLANS

2000 Stock Plan—During 2000, we adopted the 2000 Stock Option Plan (the Plan), which includes both incentive and non-statutory stock options. Under the Plan, we may grant options to purchase up to 21,500,000 shares of common stock to employees, directors and other service providers at prices not less than the fair market value at date of grant for incentive stock options and not less than 85% of fair market value for non-statutory options. Options granted to a person who, at the time of the grant, owns more than 10% of the voting power of all classes of stock shall be at no less than 110% of the fair market value and expire five years from the date of grant. All other options generally have a contractual term of 10 years. Options generally vest over four years.

2008 Stock Plan—On January 28, 2008, our Board of Directors approved the 2008 Stock Plan (the 2008 Plan) and French Sub-Plan, which includes both incentive and non-statutory stock options. The maximum aggregate number of shares which may be subject to options and sold under the 2008 Plan and the French Sub-Plan is 5,000,000 shares, plus any shares that, as of the date of stockholder approval of the 2008 Plan, have been reserved but not issued under the 2000 Plan or shares subject to stock options or similar awards granted under the 2000 Plan that expire or otherwise terminate without having been exercised in full or that are forfeited to or repurchased by us.

Under the 2008 Plan and the French Sub-Plan, we may grant options to employees, directors and other service providers. In the case of an incentive stock option granted to an employee, who at the time of grant, owns stock representing more than 10% of the total combined voting power of all classes of stock, the exercise price shall be no less than 110% of the fair market value per share on the date of grant and expire five years from the date of grant, and options granted to any other employee, the per share exercise price shall be no less than 100% of the fair market value per share on the date of grant. In the case of a nonstatutory stock option and options granted to other service providers, the per share exercise price shall be no less than 100% of the fair market value per share on the date of grant.

2009 Equity Incentive Plan—On November 17, 2009, our Board of Directors approved the 2009 Equity Incentive Plan (the 2009 Plan) and French Sub-Plan, which includes awards of stock options, stock appreciation rights, restricted stock, restricted stock units, and performance units or performance shares. The maximum aggregate number of shares that may be issued under the Plan is 9,000,000 shares, plus any shares subject to stock options or similar awards granted under the 2008 Stock Plan and the Amended and Restated 2000 Stock Plan that expire or otherwise terminate without having been exercised in full and shares issued pursuant to awards granted under the 2008 Stock Plan and the Amended and Restated 2000 Stock Plan that are forfeited to or repurchased by the Company, with the maximum number of shares to be added to the Plan pursuant to such terminations, forfeitures and repurchases not to exceed 21,000,000 shares. The shares may be authorized, but unissued or reacquired common stock. The number of shares available for issuance under the 2009 Plan will be increased on the first day of each fiscal year beginning with the 2011 fiscal year, in an amount equal to the lesser of (i) 7,000,000 shares, (ii) five percent (5%) of the outstanding shares on the last day of the immediately preceding fiscal year, or (iii) such number of shares determined by the Board.

Under the 2009 Plan and the French Sub-Plan, we may grant awards to employees, directors and other service providers. In the case of an incentive stock option granted to an employee who, at the time of the grant, owns stock representing more than 10% of the voting power of all classes of stock, the exercise price shall be no less than 110% of the fair market value per share on the date of grant and expire five years from the date of grant, and options granted to any other employee, the per share exercise price shall be no less than 100% of the fair market value per share on the date of grant. In the case of a non statutory stock option and options granted to other service providers, the per share exercise price shall be no less than 100% of the fair market value per share on the date of grant. Options granted to individuals owning less than 10% of the total combined voting power of all classes of stock generally have a contractual term of seven years and options generally vest over four years.

Employee Stock Purchase Plan—In June 2011, our stockholders approved the ESPP. The purpose of the ESPP is to provide eligible employees with the opportunity to purchase common stock through regular, systematic payroll deductions, up to a maximum of 15.0% of employees' compensation for each purchase period at purchase prices equal to 85.0% of the lesser of the fair market value of our common stock at the first trading date of the applicable offering period or the purchase date. The first offering period under the ESPP began on August 15, 2011 and ends on February 14, 2012. At December 31, 2011, 8,000,000 shares were authorized and available for issuance.

Stock-based compensation under ASC 718—Stock-based compensation is accounted for in accordance with ASC 718, which requires compensation costs related to share-based transactions, including employee stock options and stock purchase rights, to be recognized in the financial statements based on fair value. Under ASC 718, the fair value of each option award is estimated on the grant date using the Black-Scholes option pricing model. We determined weighted-average valuation assumptions as follows:

Valuation method—We estimate the fair value of stock options granted using the Black-Scholes valuation model.

Expected Term—The expected term represents the period that our stock-based awards are expected to be outstanding. As we do not have sufficient historical experience for determining the expected term of the stock option awards granted, we have based our expected term on the simplified method available under ASC 718-10.

Expected Volatility—The computation of expected volatility for the periods presented includes the historical and implied stock volatility of comparable companies from a representative peer group selected based on industry and market capitalization data and to a lesser extent, our weighted historical volatility following our IPO in November 2009.

Fair Value of Common Stock—The fair value of our common stock is the closing sales price of the Common Stock (or the closing bid, if no sales were reported) on the effective grant date.

Risk-Free Interest Rate—We base the risk-free interest rate used in the Black-Scholes valuation model on the implied yield available on U.S. Treasury zero-coupon issues with an equivalent remaining term.

Expected Dividend—The expected dividend weighted-average assumption is based on our current expectations about our anticipated dividend policy.

The following table summarizes the weighted-average assumptions relating to our stock options as follows:
 
 
Fiscal Year
 
2011
 
2010
 
2009
Expected term in years
4.1 – 4.6

 
4.6

 
4.5 – 4.6

Volatility (%)
40 – 57

 
38 – 43

 
43 – 52

Risk-free interest rate (%)
0.6 – 2.0

 
1.1 – 2.4

 
1.3 – 2.3

Dividend rate (%)

 

 

 
 
 
 
 
 
Stock-based compensation expense is included in costs and expenses as follows ($ amounts in 000's):
 
 
 
Fiscal Year
 
2011
 
2010
 
2009
Cost of product revenue
183

 
101

 
102

Cost of services revenue
1,790

 
929

 
658

Research and development
4,691

 
2,339

 
1,963

Sales and marketing
9,325

 
3,810

 
3,020

General and administrative
3,026

 
2,136

 
1,718

Total stock-based compensation
19,015

 
9,315

 
7,461



A summary of the option activity under our stock plans and changes during the reporting periods are presented below (in 000's, except per share amounts):
 
 
 
 
Options Outstanding
 
Shares
Available
for Grant
 
Number
of Shares
 
Weighted-
Average
Exercise
Price ($)
 
Weighted-
Average
Remaining
Contractual
Life (Years)
 
Aggregate
Intrinsic
Value ($)
Balance—December 28, 2008 (18,250 shares were vested at a weighted-average exercise price of $1.13 per share)
10,095

 
31,466

 
2.06

 
 
 
 
Additional shares authorized
13,774

 

 

 
 
 
 
Granted (weighted-average fair value of $1.43 per share)
(8,406
)
 
8,406

 
4.00

 
 
 
 
Forfeited
2,634

 
(2,634
)
 
3.36

 
 
 
 
Exercised (aggregate intrinsic value of $10,490)

 
(2,828
)
 
0.96

 
 
 
 
Balance—December 31, 2009 (20,504 shares were vested at a weighted-average exercise price of $1.66 per share)
18,097

 
34,410

 
2.53

 
 
 
 
Granted (weighted-average fair value of $3.59 per share)
(4,832
)
 
4,832

 
9.70

 
 
 
 
Forfeited
1,825

 
(1,825
)
 
5.56

 
 
 
 
Exercised (aggregate intrinsic value of $117,934)

 
(14,928
)
 
1.95

 
 
 
 
Balance—December 31, 2010
15,090

 
22,489

 
4.21

 
 
 
 
Additional shares authorized
7,438

 

 

 
 
 
 
Granted (weighted-average fair value of $8.10 per share)
(6,526
)
 
6,526

 
21.05

 
 
 
 
Forfeited
1,397

 
(1,397
)
 
11.79

 
 
 
 
Exercised (aggregate intrinsic value of $113,590)

 
(6,229
)
 
3.21

 
 
 
 
Balance—December 31, 2011
17,399

 
21,389

 
9.14

 
 
 
 
Options vested and expected to vest—December 31, 2011
 
 
20,394

 
8.90

 
4.77

 
265,552

Options exercisable—December 31, 2011
 
 
10,953

 
3.57

 
4.16

 
199,766


At December 31, 2011, total compensation cost related to unvested stock-based awards granted to employees under our stock plans but not yet recognized was $53.0 million, net of estimated forfeitures. This cost is expected to be amortized on a straight-line basis over a weighted-average period of 3.0 years. Future option grants will increase the amount of compensation expense to be recorded in these periods.

The total fair value of awards vested under our stock plans was $11.8 million, $8.5 million and $5.5 million for fiscal 2011, 2010 and 2009, respectively.
 
Additional information regarding options outstanding as of December 31, 2011, is as follows:
 
 
 
Options Outstanding
 
Options Exercisable
Exercise Prices ($)
 
Number
Outstanding
 
Weighted-
Average
Remaining
Contractual
Life (Years)
 
Weighted-
Average
Exercise
Price ($)
 
Number
Exercisable
 
Weighted-
Average
Exercise
Price ($)
0.08–1.20
 
3,064

 
3.17

 
0.81

 
3,064

 
0.81

3.72–4.65
 
8,724

 
3.70

 
3.76

 
6,696

 
3.75

5.50–6.25
 
262

 
4.82

 
5.61

 
97

 
5.65

8.43–8.99
 
2,770

 
5.26

 
8.58

 
908

 
8.55

15.28
 
581

 
5.85

 
15.28

 
114

 
15.28

20.12–23.96
 
5,988

 
6.36

 
21.07

 
74

 
20.23


 
21,389

 


 


 
10,953

 




Employee Stock Purchase Plan—During fiscal 2011, compensation expense recognized in connection with the ESPP was $1.6 million. The following table summarizes the weighted-average assumptions relating to our ESPP during fiscal 2011 as follows:

Expected term in years
0.5

Volatility (%)
59.9

Risk-free interest rate (%)
0.07

Dividend rate (%)

Estimated fair value ($)
6.56



Income Taxes
INCOME TAXES
INCOME TAXES

The pre-tax income for the periods ended is as follows ($ amounts in 000's):

 
December 31, 2011
 
December 31, 2010
 
December 31, 2009
Domestic
85,411

 
50,556

 
22,667

Foreign
6,662

 
5,785

 
4,846

Total Pre-Tax Income
92,073

 
56,341

 
27,513



The provision for income taxes for the years ended is as follows ($ amounts in 000's):
 
 
December 31,
2011
 
December 31,
2010
 
December 31,
2009
Current:
 
 
 
 
 
Federal
34,856

 
10,633

 
4,882

State
2,785

 
(82
)
 
1,003

Foreign
1,402

 
9,298

 
1,173

Total current
39,043

 
19,849

 
7,058

Deferred: