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From: Bill Wolf1/31/2012 8:22:09 AM
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Samsung Probed by EU Antitrust Regulator Over Mobile Patents
By Aoife White - Jan 31, 2012

Samsung Electronics Co. (005930) is being probed by European Union antitrust regulators over licensing of patents to other mobile-phone manufacturers.

The European Commission said it will investigate whether Samsung broke a 1998 commitment to license any standard essential patents for phones on “fair, reasonable and non- discriminatory terms.” It acted after Samsung claimed last year in European courts that rivals infringed its patents, the EU said in a statement.

Regulators have increased scrutiny of intellectual property rights, with EU antitrust chief Joaquin Almunia saying last month that he wanted to ensure patents weren’t used to block rivals’ expansion. He is also probing Honeywell International Inc. and DuPont Co. over chemical patents and is looking into standards in the banking industry.

The commission “has opened a formal investigation to assess whether Samsung Electronics has abusively, and in contravention of a commitment it gave to the European Telecommunications Standards Institute, used certain of its standard essential patent rights to distort competition in European mobile device markets,” the Brussels-based agency said in an e-mailed statement today.

James Chung, a spokesman for Samsung in Seoul, Korea, declined to immediately comment.
November Quizzing

The EU said in November that it was quizzing Samsung and rival Apple (AAPL) Inc. over the use of patents. Both companies were sent requests for information about “the enforcement of standards-essential patents in the mobile-telephony sector,” the EU said at the time.

Alan Hely, a spokesman for Apple in London, declined to comment. Cupertino, California-based Apple said in a U.S. court filing in October that Samsung faced an EU probe into its “egregious” misuse of patents.

Apple and Samsung have filed intellectual property lawsuits against each other in at least 10 countries, according to Samsung. The legal battle between Apple and Samsung, its closest competitor in tablet computers, has intensified as consumers use devices such as tablets and smartphones to surf websites, play games and download music.

Samsung today lost a bid to overturn a German sales ban on its Galaxy 10.1 tablet computers obtained by Apple in an intellectual property dispute.

To contact the reporter on this story: Aoife White in Brussels at

To contact the editor responsible for this story: Anthony Aarons at

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From: Bill Wolf1/31/2012 8:23:27 AM
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Foss Patents

German appeals court upholds Galaxy Tab 10.1 injunction -- but on different legal basis than Apple's design right

This morning, the Düsseldorf Higher Regional Court (an appeals court) announced that it has upheld a preliminary injunction against the Samsung Galaxy Tab 10.1 and has confirmed that the smaller Galaxy Tab 8.9 falls within the scope of that injunction. But this doesn't mean that Samsung lost all the way: the appeals court based its decision on a violation of German unfair competition law (Gesetz gegen den unlauteren Wettbewerb, UWG), while the lower court's ruling was based on a finding of a violation of a Community design, the European equivalent of a U.S. design patent.

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From: Bill Wolf1/31/2012 8:24:44 AM
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Foss Patents

EU launches full-blown investigation of Samsung's suspected abuse of FRAND-pledged patents -- Motorola must watch out

The European Commission just announced that it has "opened a formal investigation to assess whether Samsung Electronics has abusively, and in contravention of a commitment it gave to the European Telecommunications Standards Institute (ETSI), used certain of its standard essential patent rights to distort competition in European mobile device markets, in breach of EU antitrust rules".

It goes without saying that Samsung is innocent until proven guilty of abuse. But the launch of a full-blown investigation after a few months of preliminary investigations is an important step. This means European competition enforcers have received information, in response to questionnaires (sent to Apple, which may have informally complained, and Samsung) that warrant a more formal effort. As the Commission's press release states, "[t]he opening of proceedings means that the Commission will examine the case as a matter of priority".

Please bear with me for a big-time "See I Told Ya So". Back in November I clarified on this blog, and in correspondence and interviews with major news agencies (several of whom quoted me), that the EU's concerns appeared to relate to Samsung's, not Apple's, conduct. Both companies received questionnaires, but the Commission said that its concerns related to patents essential to wireless telecommunications standards, and Apple has never sued anyone over a patent of that kind. In fact, Apple never participated in such a standard-setting process as far as I know.

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From: Bill Wolf1/31/2012 8:29:24 AM
2 Recommendations   of 145513
The Wall Street Journal

JANUARY 31, 2012, 5:06 A.M. ET

ARM's Profit Rises on Gadget Demand

LONDON—Microchip designer ARM Holdings PLC on Tuesday posted a sharp rise in fourth-quarter net profit, underpinned by strong demand for smartphones and tablets, as more of its chips find their way into increasingly smart gadgets.

In the European morning, ARM shares were up 6.7% at 638 pence, valuing the company at £8.6 billion ($13.51 billion).

The U.K.-based company produces microchip blueprints found in most mobile phones, including Apple Inc.'s popular iPhone, as well as tablets, computers, household electrical goods and even cars.

But it was the proliferation of smartphones and new mobile tablet computers that largely boosted sales of both the license to use its technology and the royalties it receives for each product sold with an ARM chip inside.

Chief Financial Officer Tim Score told reporters on a conference call Tuesday that each smartphone generates around five to 10 times the royalty payments of a voice-only phone.

And with 60% of royalty revenue now generated from phones, tablets and other new mobile technology, the company managed to vastly outperform a semiconductor industry that is being crimped by the global economic crisis.

Royalty revenue in the fourth quarter jumped 22% to $114.7, after a record 2.2 billion chips were shipped. Across the entire year, ARM's royalty sales rose 21%, well ahead of industry revenue growth of 8%.

License revenue also grew 21% in the quarter to $78.9 million, and the company said it has signed several licenses that won't be recognized until later in the year, putting its license order backlog ahead by 20%.

While ARM is increasingly being designed into high tech gadgets that consumers rely on daily, it is also subject to the vagaries of consumer demand for these products and said it is mindful of the uncertain global macroeconomic situation.

Still, assuming there isn't a substantial deterioration in the economic backdrop, the company expects to generate dollar revenue in fiscal 2012 at least in line with current market expectations of $860 million.

First-quarter sales are also seen in line with market forecasts of $200 million.

Score said the company is planning for the full year against an industry forecast of 2% to 5% growth in semiconductor sales.

For the three months ended Dec. 31, the company delivered a 11% rise in net profit to £33.1 million, from £29.7 million a year earlier.

Revenue jumped 21% to £137.8 million from £113.9 million, ahead of expectations of £123.6 million. Revenue in dollar terms, which is watched closely by U.K. analysts because the group generates the bulk of its sales in dollars, rose 21% to $217 million.

ARM also reported a 45% jump in fourth-quarter profit before taxes and exceptional items—one of the key figures tracked by U.K. analysts. That came in at £69 million, ahead of market expectations of £55.8 million.

ARM declared a final dividend of 2.09 pence a share, taking the total for 2011 to 3.48 pence.

Write to Lilly Vitorovich at

Copyright 2011 Dow Jones & Company,

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From: mindy19681/31/2012 8:30:22 AM
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China Telecom confirms 4S coming soon, maybe in February, Apple Insider says
China Telecom (CHA) confirmed it is readying to launch Apple's (AAPL) iPhone 4S on its network, suggesting sales of the device could start in late February or early March, reported Apple Insider, citing a report from China Daily

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To: mindy1968 who wrote (109103)1/31/2012 8:50:39 AM
From: LEIGH7
   of 145513
Cramer. He is so annoying.

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To: LEIGH7 who wrote (109109)1/31/2012 9:04:13 AM
From: LEIGH7
   of 145513
"Qcom best of breed" by Cramer and stated within last 2 weeks.

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To: LEIGH7 who wrote (109110)1/31/2012 9:11:19 AM
From: LEIGH7
   of 145513
I believe qcom gets less on chips for S4. Perhaps this is why some are concerned, however I am thinking after all is said and done that Qcom will have a good report.

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From: Bill Wolf1/31/2012 9:33:59 AM
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Apple iPhone 4S Delays Other Smartphone Debuts, Says DigiTimes
By Tiernan Ray

DigiTimes’s Daniel Shen and Adam Hwang this morning write that Samsung Electronics (SSNLF), HTC (2498TW), Nokia (NOK), and LG (003550KS) are all waiting until the second quarter of this year to introduce new phones because they fear competing with the iPhone 4S, which is “expected to be selling well in the first quarter,” citing anonymous supply-chain sources.

The iPhone 4S is apparently expected by the phone makers to peak this quarter, paving the way for the retail debut next quarter of models that the vendors will be showing off at Mobile World Congress, the annual trade show for the cellular industry, which gets underway in Barcelona, Spain, the last week of February.

Copyright 2012 Dow Jones

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From: Jim Mullens1/31/2012 9:55:12 AM
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Smartphones boost profit at Apple supplier ARM
By Paul Sandle

LONDON, Jan 31 (Reuters) - ARM Holdings, the British chip designer whose technology powers Apple's iPad and iPhone, posted a 45 percent rise in quarterly profit and said its growth would continue to outstrip the industry as its designs were used in ever more devices.

"We have benefited from the rapid growth of smartphones, tablets and smart TVs, and many of these devices contain multiple ARM chips," Finance Director Tim Score told reporters on Tuesday.

The Cambridge-based company, which designs the low-energy processors found in nearly all mobile phones, tablets and a host of other devices, said fourth-quarter pretax profit rose to 69 million pounds ($108 million) on revenue up 21 percent to 138 million.

ARM shares rose as much as 7 percent to 640 pence, the top gain in London's blue-chip FTSE 100 index, after the numbers soundly beat forecasts and the group gave a bullish outlook.

Analyst Lee Simpson at brokerage Jefferies said the results handsomely beat expectations and the company was well placed to deliver a solid performance this year and next.

Noting strong royalties and a high backlog of licensing deals, Simpson said: "We see ARM in very good shape for 2012 and 2013 whatever the weather."

ARM counts royalties a quarter in arrears, so its fourth-quarters numbers do not fully capture last year's holiday season demand, including Apple's blow-out sales.


The group's processor designs are licensed to chipmakers such as Texas Instruments Inc, Qualcomm Inc and Nvidia Corp, and in return it receives a royalty for every chip shipped.

A record 2.2 billion chips based on ARM's technology were shipped in the fourth quarter, Score said.

Royalty revenue grew 21 percent in 2011 as a whole, outstripping an 8 percent rise for the industry, the company said, as its technology was used in devices ranging from tablets to dishwashers.

Smartphones, however, continue to be one of the group's biggest drivers of growth, and Score said he expected demand to remain strong in 2012.

"The smarter the phone, the more ARM technology you will find on it, and typically we would earn royalties somewhere between 5 to 10 times the level we would from a voice-only phone," he said.


Chief Executive Warren East said ARM had also seen strong licensing growth in 2011 as more new customers choose its technology for the first time, and the market share gains looked set to continue in 2012 as its partners introduced new chips.

The 25 processor licences signed in the quarter were for the group's advanced Cortex and Mali graphics technology, ARM said, and two partners had licensed its v8-based architecture, aimed at servers and high performance computing -- sectors dominated by Intel.

The U.S. group, however, is retaliating with an assault on smartphones with its Medfield chip, and has signed up Motorola Mobility and Lenovo to try to gain a foothold in the fast growing market.

Score said Intel had been planning to enter the market for years. "But we continue to introduce new technology that is higher performance and lower power at the same time," he said.

Given ARM's very strong licence revenue in Q4, East said he expected group dollar revenue for the first quarter to be in line with market expectations of around $200 million.

ARM, which is generally conservative in its guidance, also said it would at least meet market consensus of just over $860 million in revenue for 2012.

Analysts were expecting fourth-quarter pretax profit of 55.8 million pounds on revenue of 123.6 million, according to a company-supplied poll of 30 analysts. ($1 = 0.6377 British pounds) (Editing by David Holmes and Mark Potter)

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