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from Alison Frankel:

Lesson from the smartphone wars: Litigation is not a business plan

After almost five years of suing each other in courts in the United States and Europe over patents on mobile devices, Apple and Google abruptly announced Friday night that they've called a ceasefire: They're dropping all of the litigation. They're not even making a deal to cross-license one another's IP, just declaring a truce and walking away.

Apple has not yet settled with Samsung, the device manufacturer that most successfully employs Google's Android operating system, so the two companies haven't entirely resolved their dispute; evidence from the recently concluded patent infringement trial between Apple and Samsung in San Jose, Calif., revealed that Google is paying at least part of Samsung's defense costs. (The Korea Times reported Monday that Apple and Samsung are in global settlement talks.) Until there's a Samsung deal, two law professors, Brian Love of Santa Clara University and Michael Risch of Villanova told Bloomberg, the Google settlement is more important as a symbol than for any actual impact.

What is increasingly obvious is that the same can be said for the entire panoply of smart device patent cases. Apple and Samsung have now been through two long and expensive patent infringement trials before U.S. District Judge Lucy Koh in San Jose. Apple has won both, but the jury in the trial that concluded earlier this month awarded the company only $119.6 million in damages, less than a day's sales for Samsung. Most importantly, Apple failed to win an injunction in the federal-court litigation. Samsung also tried and failed, in its case at the U.S. International Trade Commission, to win any prohibition on the importation of Apple products. Microsoft, meanwhile, established in separate litigation against Google that individual patents in high-tech devices are worth a pittance.

It has taken five years and untold tens of millions of dollars in legal fees to confirm that competition over high-tech products that make use of hundreds of patents will not -- and should not -- be decided by the courts. Despite Steve Jobs' famous description of Android as "a stolen product" that he would destroy through "thermonuclear war," it simply doesn't make business sense to throw money into a litigation bonfire that will leave you with nothing more than a handful of cold ashes.

from The Great Debate:

The ‘next generation’ of American talk

It’s hard to imagine communicating without Skype, Facetime, X-Box, Twitter or a text on your smartphone. Mobile devices and other Internet Protocol (IP)-based services powered by high-speed broadband have revolutionized the way we connect with one another at just about every moment of our lives.

Millions of Americans are now abandoning traditional, copper-wire phone service. In just the past three years, U.S. smartphone adoption has increased from 16.9 percent to 54.9 percent, according to Nielsen. One out of three homes in the United States now relies on wireless-only technologies, according to the National Health Interview Survey.

from Expert Zone:

Time to create a holistic mobile ecosystem

(Any opinions expressed here are those of the author, and not those of Thomson Reuters)

Mobile phones have transcended various phases of evolution since the time they began their journey. They have come a long way from being simple feature phones, which were meant for making calls and sending text messages.

from MediaFile:

A looking glass into the post-smartphone era

Permit me to not act my age.

I was all grown up already when the Internet became a big deal, scarcely two decades ago. I was like a kid in a candy store. Still, I've only had a couple of heart-stopping moments in those 20 years in which everything has changed.

My heart skipped a beat (along with probably only thousands of others) when I downloaded Mosaic, the first Web browser, on the first day it was released. It consistently froze up. But that small, terribly flawed piece of software was really a time portal, showing me the future, and I could barely breathe.

from MediaFile:

Apple iPhone 4S: Believe the hype?

As Apple reports quarterly earnings based largely on the number of iPhones it sold, the honeymoon continues for the lucky millions able to get their hands on the newest 4S model, which was initially criticized for not being new enough. Apple went on to sell 4 million of them in 3 days.

So, after the initial sales storm, is Apple's iPhone 4S living up to the hype?

First, here's a graphic on how the baby compares to its older sibling:

Corrected: The graphic, above falsely stated that the iPhone 4S had 1GB of memory. As Ben Pingel pointed out, it actually has 512MB.

from MediaFile:

Tech wrap: Microsoft’s Office shines, Windows lacks luster

Microsoft reported a greater-than-expected 30 percent increase in fiscal fourth-quarter profit, helped by sales of its Office software, but profit from its core Windows product fell on soft PC sales. Microsoft posted net profit of $5.87 billion, or 69 cents per share, compared with $4.52 billion, or 51 cents per share, in the year-ago quarter. That easily beat Wall Street's average estimate of 58 cents, according to Thomson Reuters I/B/E/S.

"These are great results given a slower PC environment and it highlights how the company has multiple revenue streams. The $17 billion unearned revenue, which is a forward indicator of business, shows they signed a lot of deals this quarter," said BGC Financial analyst Colin Gillis.

from Entrepreneurial:

Mobile app helps diagnose Parkinson’s

Can smartphones help diagnose disease? Yes, according to Konrad Körding, one of the developers of an Android app being used to track the movement of Parkinson’s patients.

The app uses the phone’s sensory capabilities to evaluate a user’s patterns of movement, such as if walking is unstable or if a fall occurs.

from MediaFile:

Tech wrap: LinkedIn shares skyrocket in debut

LinkedIn made its remarkable debut on the New York Stock Exchange, at times trading more than 171 percent above its IPO price of $45. The stampede to buy the stock had some remembering back to another time when investors also loved tech stock IPOs: the 1990s and the dotcom bubble.

Does the response to LinkedIn suggest investors are in for another bubble that bursts when the fundamentals overtake the hype? Or is it a sign that investors are hungry for any piece of the social media pie and LinkedIn's happens to be first out of the oven? While Facebook, Groupon, Twitter and Zynga are still expected to go public, LinkedIn Chief Executive Jeff Weiner cautions that his company's spectacular debut should not be seen as a proxy for them.

from MediaFile:

Tech wrap: Sony admits PlayStation Network privacy breach

A visitor plays with a Playstation at an exhibition stand at the Gamescom 2009 fair in Cologne in this August 22, 2009 file photo. Reuters/Ina Fassbender

An unauthorized person stole names, addresses and other personal data belonging to about 77 million people who have accounts on Sony's PlayStation Network, Sony said. The person gained access to people's names, addresses, email address, birthdates, usernames, passwords, logins, security questions and more, Sony said on its U.S. PlayStation blog.

from MediaFile:

Verizon iPhone gets dinged by Consumer Reports (Update)

VERIZON/IPHONE"Antennagate" again?

The reception problem that plagued AT&T's iPhone 4 last summer is also found on the Verizon version of the iPhone, according to Consumer Reports.  The influential nonprofit organization, which publishes guides on everything from cars to TVs, said Friday that holding the Verizon iPhone "in a specific but quite natural way" can cause the phone to drop calls.

Consumer Reports tested the device against five other Verizon smartphones -- Samsung Fascinate, Motorola Droid 2 Global, HTC Droid Incredible, LG Ally, and Motorola Droid X -- and said "the only phones in which the finger contact caused any meaningful decline in performance was the iPhone 4."

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