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To: nicmar who wrote (5138)12/18/2011 10:34:49 PM
From: slacker711
   of 5194
If I was going to bet on a date, it would be the day after options expiration.


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To: slacker711 who wrote (5139)12/18/2011 10:44:23 PM
From: nicmar
   of 5194
Well slacker, you're most likely right. Good call. I'm not going to say anything about my ton of dec options that are spent and I'll snuggle up to my long shares. Btw, hope you're right slacker. Sometimes it's good to take a nugget instead of holding for the whole mother load. No? mo.. nic

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From: nicmar12/19/2011 9:53:02 PM
   of 5194
Arbiter delays ruling on Kodak’s patent claim against Apple and RIM
Monday, December 19, 2011 · 3:39 pm · 1 Comment

“A U.S. arbiter for trade disputes is delaying a decision on Eastman Kodak Co.’s high-stakes patent-infringement claim against smartphone makers Apple Inc. and Research in Motion Ltd.,” The Associated Press reports.
An administrative judge overseeing the dispute at the U.S. International Trade Commission has set a new target date of Sept. 21, 2012, for deciding the case,” AP reports. “The nine-month extension will allow the judge to examine new expert testimony from Canadian BlackBerry maker RIM and address legal issues raised by Kodak.”

AP reports, “A favorable ruling could enable Kodak to receive up to $1 billion in fees.”

MacDailyNews Take: As currently constituted, will RIM even be here to pay in 9 months? And, for that matter, will Kodak be here to collect?

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From: nicmar12/19/2011 10:03:06 PM
   of 5194
Apple wins ban of HTC Android devices at US International Trade Commission By Nilay Patelon December 19, 2011 05:06 pm

The United States International Trade Commission just ruled in favor of Apple in its case against HTC and banned the importation and sale of HTC Android devices including the Sprint Evo 4G, Verizon Droid Incredible, AT&T Aria, and T-Mobile G2. After a lengthy review, the Commission found that HTC devices infringe two claims of patent #5,946,647 — ultimately implicating the heart of Android itself and not HTC's specific implementation. The patent issued in 1999 and, in general terms, covers a device that scans computer text for data, like a phone number, and turns that number into a link that the user can then select to perform an act, like calling the number. The requirements and language of the patent claims are obviously more complicated, but that's a decent overview of what's covered. The ITC decision now goes to the desk of the president, who has 60 days to issue a rarely-used veto; the ban itself will go into effect on April 19, 2012 to provide HTC with a transition period, and HTC will be allowed to import refurbished products for warranty replacement purposes until December 19, 2013.

It's important to note that the ITC issued an exclusion order and not a cease and desist; HTC's current products already on US shelves will be unaffected. However, exclusion orders are generally broadly worded and aren't limited to any specific products — so we would expect Apple to use this ruling to go after all HTC phones running Android, from Android version 1.5 all the way up to and including version 4.0 (Ice Cream Sandwich).

It's a significant victory for Apple, especially since it can presumably now attack every other Android manufacturer with the same patent and its first favorable substantive ruling on the merits, but the ban may not ultimately have any real effect on consumers if HTC and Google can develop a patch that works around Apple's two specific claims. And indeed, that's what HTC is promising to do — here's the official statement we just received:

We are gratified that the commission affirmed the judge's determination on the ‘721 and ‘983 patents, and reversed its decision on the ‘263 patent and partially on the ‘647 patent. While disappointed that a finding of violation was still found on two claims of the ‘647 patent, we are well prepared for this decision, and our designers have created alternate solutions for the ‘647 patent.

Update: HTC just revised its statement on the case, saying that Apple's patent covers only a "small UI experience" and saying it will be completely removed from HTC phones "soon." We'll see how quickly that happens; any changes would have to first be deemed compatible with Android by Google and then approved and pushed to customers by HTC's carrier partners.

We are gratified that the Commission affirmed the judge's initial determination on the ‘721 and ‘983 patents, and reversed its decision on the ‘263 patent and partially on the ‘647 patent. We are very pleased with the determination and we respect it. However, the ‘647 patent is a small UI experience and HTC will completely remove it from all of our phones soon.

For its part, Apple is just repeating its previous statements on the case:

We think competition is healthy but competitors should create their own original technology, not steal ours.

We've asked for clarification on whether Apple will pursue further action against Android 2.3 and up; we'll let you know if we hear anything.

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To: nicmar who wrote (5137)12/19/2011 10:18:44 PM
From: CB02SD
1 Recommendation   of 5194
Nicmar, Valid points to consider. And you could also add more flavors in those 4 buckets.

Not sure what IDCC can get on an outright. I just don’t know. Your figures could very well be right on. I did wonder if Nortel may have gone for more than it should have, questionable.

Hook up, it would have to be the correct synergy. And I’m not sure what /who that could be as a “correct”. The people who are qualified to make that claim don’t post on boards, but board rooms.

Business as usual, no, they can try but no. Unless of course taking it private.

Your 4th is a bear. Tough, real tough. Yet is certainly could happen. Sam’s part in that one is down the road a bit, the Cafc, geez you think at some point they would release, thank god you didn’t add on across the board losses in the courts, I suppose a little too much there.

I’ll take option 2. A proper alignment with another company that fits perfectly into a new direction that can be funded by the company direct. There is money to be used there. Depending on who that might be could be the best choice.

But it’s all in the air now, we’ll have to see what comes down.


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To: CB02SD who wrote (5143)12/19/2011 10:35:38 PM
From: nicmar
   of 5194
I tell you CB. This SA and the total news blackout can't possibly be investor friendly and I'm not certain how IDCC feels it is increasing shareholder value. No on has a clue where their investment stands. Decisions have been made by many investors without a hint of any possible DD because there isn't anywhere DD that can be found or done anywhere.

Millions of shares have been purchased and sold between $38 and $82 and options have come and gone with vast fortunes made and lost. I give the IDCC board a negative 10 as their ability to direct the business of the company no matter where the SA goes. This one has been totally unfair and disastrous to many and still maintains the flavor of legality. I give credibility of 0 to the board going forward. Shame on the company I have diligently followed for years and years, mo. .. nic

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From: nicmar12/20/2011 12:27:26 AM
   of 5194
Apple scores limited victory in smartphone patent war

The company's logo is seen on the Apple store in Washington October 6, 2011.

Credit: Reuters/Yuri Gripas

By Clare Jim and Poornima Gupta

TAIPEI | Tue Dec 20, 2011 12:11am EST

TAIPEI (Reuters) - Apple Inc scored a narrow victory against Taiwan's HTC Corp in a patent lawsuit over smartphone technology that will set the stage for further battles between rival makers in the fiercely competitive market.

In a case seen as a proxy for a larger fight between Google Inc's Android operating system and Apple's iOS, the U.S. International Trade Commission ruled that HTC infringed on one of four patents Apple had disputed and imposed a sales ban on some of the Taiwan maker's phones.

While the ruling is unlikely to hurt HTC as much as initially feared because it will have time to work around the offending technology and has until April before the ban becomes effective, it offers Apple ammunition to pursue other makers it believes infringe on its technology.

"This is one skirmish in one battle, which is forming a much larger war and each side has got some ammunition left," said David Wilson, a London-based partner at the intellectual property group with Herbert Smith LLP.

The patent in question, '647, relates to technology that helps users clicking on phone numbers and other types of data in a document, such as an email, to either dial directly or click on the data to bring up more information.

As it is widely used in almost all smartphones, industry experts foresee similar rulings should Apple bring other cases.

"With this ITC ruling, I think other phone companies are all scratching their heads now as to how to resolve the same technology they are using," said Melvin Li, a Hong Kong-based patent agent and counsel consultant at U.S. IP law firm Heslin Rothenberg Farley & Mesitic PC.

Li said he expected courts in other jurisdictions such as Canada, Australia and Europe to rule similarly on the patent.

Smartphone and tablet technology has already spawned a wealth of patent litigation.

HTC has countersued Apple and is also fighting a patent case in Germany. Microsoft Corp and Motorola Mobility also have lawsuits against each other.

Apple's battle with Samsung Electronics Co Ltd, which also uses Android software and is a supplier as well as competitor, has been especially bitter, with some 30 legal cases in 10 countries.


Apple's founder, the late Steve Jobs, was quoted in his biography as saying that he was going to "destroy Android, because it's a stolen product. I'm willing to go thermonuclear war on this."

But the Android system dominates the Asia-Pacific ex- Japan smartphone market with a 53 percent share this year versus 15 percent for Apple's iOS, according to technology research company IDC, and Android is not likely to lose much ground.

"We still expect a lot of momentum around Android and especially with Ice Cream Sandwich out now," said Bryan Ma, a Singapore-based analyst with IDC, referring to the name for the latest version of Android. "It's not really a lawsuit issue. Those are going to continue on the background anyway."

Apple had initially accused HTC of infringing 10 patents, but six were dropped from the case. The ITC judge then issued a preliminary ruling that HTC infringed two of the remaining four before issuing the final ruling on one patent.

The U.S. trade agency imposed a formal import ban on any HTC phones that infringe on the patent, starting April 19, 2012. HTC gets almost half its revenue from the U.S. market, but may not be hurt too much because the ruling gives it time to launch products that avoid the technology in question.

"It's a limited victory for a variety of reasons," said Peter Toren, an intellectual property litigator and partner with the Shulman Rogers law firm in the United States.

"It gives HTC plenty of time to implement a design-around, which I understand they are already working on," he said. "The order does in fact take effect in April, but the practical impact won't be felt for some months after that."


Shares in HTC rose by the daily maximum allowed 6.97 percent in Taipei trading on Tuesday, also helped by a company announcement that it would buy back 10 million of its shares.

HTC said the ruling was a win for it.

"We are very pleased with the determination and we respect it. However, the '647 patent is a small UI experience and HTC will completely remove it from all of our phones soon," Grace Lei, HTC's general counsel, said in a statement.

Apple spokeswoman Carolyn Wu said of the ruling: "We think competition is healthy, but competitors should create their own original technology, not steal ours."

But HTC may not be fully out of the woods yet.

It has struggled recently after slashing its fourth-quarter revenue guidance due to stiff competition and concerns still linger over whether it can convince investors it sill has the innovative streak that catapulted it from an obscure contract maker to a top brand.

"I have a negative and bearish view (on HTC)," said Yuanta Securities analyst, Bonnie Chang. "I expect its first quarter will still not be good because U.S. phone operators will worry about the injunction and will not pull in inventory until HTC's new models are approved."

She said the new phones have to prove competitive enough to regain market share because rivals Samsung and Motorola Mobility are selling very well in the fourth quarter.

(Poornima Gupta reported from SAN FRANCISCO; Additional reporting by Argin Chang in TAIPEI and Lee Chyen Yee in HONG KONG; Editing by Andre Grenon, Jonathan Standing and Matt Driskill)

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From: nicmar12/20/2011 12:31:55 AM
   of 5194
HTC says ITC decision in Apple case "a win for HTC"

TAIPEI | Mon Dec 19, 2011 7:20pm EST

TAIPEI (Reuters) - Taiwanese smartphone vendor HTC Corp said on Tuesday a U.S. trade panel's final determination was a win for HTC and it is very pleased.

A company official told Reuters that HTC will launch new phones to bypass the infringed patent very soon and it sees limited impact to the company.

"This decision is a win for HTC and we are gratified that the commission affirmed the judge's determination on the '721 and '983 patents, and reversed its decision on the '263 patent and partially on the '647 patent," the world's No.4 smartphone company said in a statement.

"We are very pleased with the determination and we respect it. However, the '647 patent is a small UI experience and HTC will completely remove it from all of our phones soon."

The International Trade Commission (ITC) ruled that HTC had infringed on one of Apple's patents and imposed a formal import ban on any HTC phones that infringe on the patent, starting April 19, 2012.

(Reporting by Clare Jim; Editing by Jonathan Standing)

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To: nicmar who wrote (5146)12/20/2011 12:33:07 AM
From: nicmar
   of 5194
Thoughts from anyone on how the ITC decision will effect or relate to IDCC? tia. .. nic

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To: nicmar who wrote (5147)12/20/2011 10:57:11 AM
From: slacker711
1 Recommendation   of 5194

Assuming that the patent can be designed around (which seems likely), this decision was good for IDCC. First and foremost, they won't see a dramatic drop in their HTC royalties. Second, the patent war goes on between Apple and HTC. IDCC doesnt want either company to get an injunction which would dramatically increase the odds for a settlement. Better to have the companies still fighting with both at least considering buying a part or all of IDCC.

Just my two cents.


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