Apple loses 'Multi-Touch' trademark bid

Josh Lowensohn, CNET News | September 27, 2011 8:13 AM PDT

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Summary

The U.S. Patent and Trademark Office ruled that "Multi-Touch" describes how users operate the device and doesn't deserve a trademark.

Topics

Apple's effort to trademark the term "Multi-Touch" in the United States has been denied. MacRumors posted the decision of the United States Patent and Trademark Office dated from last week, wherein the governing body denied Apple's application, saying that the term is merely descriptive of how people interact with its products.

"Thus, from the foregoing, we find that 'Multi-Touch' not only identifies the technology, but also describes how a user of the goods operates the device," the filing from the USPTO's Trademark Trial and Appeal Board reads. "Based on the evidence discussed above, as well as other evidence in the record, we agree with the examining attorney that Multi-Touch indeed is highly descriptive of a feature of the identified goods."

The filing goes on to say that the evidence included by Apple in its trademark application focused more on the creation and marketing of iPhone hardware, as opposed to the Multi-Touch moniker.

For more on this story, read Apple denied trademark for 'Multi-Touch' in the U.S on CNET News.

http://www.zdnet.com/news/apple-loses-multi-touch-trademark-bid/6305060?tag=nl.e589

Android vs. Apple and the state of smartphone industry: 4 takeaways

By Larry Dignan | July 28, 2011, 7:16am PDT

Summary

Nielsen data indicates that Android is the top smartphone platform and Apple is the top manufacturer. In between those data points is a lot of nuance.

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Larry Dignan

Andrew Nusca

Rachel King

Nielsen data indicates that Android is the top smartphone platform and Apple is the top manufacturer. In between those data points is a lot of nuance.

First, here’s Nielsen’s money graphic.

That graphic says a lot about the state of the smartphone market today. Here are my top four takeaways:

1. There’s a toss-up between integrated and partner-based platforms. The smartphone industry is often compared to PCs in the early days. Once upon a time, Apple controlled hardware and software. Microsoft partnered with OEMs. Microsoft won that market share game. So far in the smartphone industry, we have a draw for the most part. Consider that Research in Motion and Apple both control their software and hardware and integrate the two. Combined RIM and Apple have 48 percent of the market. Considering that RIM hasn’t had product on the market for a year that integrated share is impressive. Toss in HP, which controls the WebOS and you have half the market with an integrated system approach. On the partner side of the equation, Android has 39 percent share and Microsoft chips in another 9 percent.
2. RIM isn’t dead yet. Imagine a company that has management issues and a product void that has lasted forever in smartphone terms and still had 20 percent of the OS market. That’s RIM. If RIM’s BlackBerry OS 7 devices can do anything in the market, the company has a shot at being a major player.
3. Microsoft needs more hardware partners. Look at the sliver that is Microsoft’s platform share. Then look at the partners. Microsoft has two friends on the smartphone block—HTC and Samsung. The software giant will need more OEMs if it’s going to compete. Given Nokia is a no-show in the U.S. there are no guarantees that Microsoft’s partnership with Finland’s leading tech company will matter much.
4. Android looks zero sum for hardware players. The Android partners—HTC, Motorola and Samsung—have carved up the market nicely. Unfortunately, it’s hard to see Android doing much better in market share than it is today. That fact means that HTC, Motorola and Samsung are going to wind up killing each other to grow share.

http://www.zdnet.com/blog/btl/android-vs-apple-and-the-state-of-smartphone-industry-4-takeaways/53392?tag=nl.e539

Apple rumor round up: 15-inch Macbook Air, Face recognition coming to iOS, solar-powered iPhones

By Ricardo Bilton | July 27, 2011, 10:24am PDT

Summary

a 15-inch Macbook Air, solar-powered iPhones, and face recognition are all the stuff of the latest round of Apple rumors.

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Ricardo Bilton

Gloria Sin

Apple may have announced a bunch of new products last week, but that doesn’t mean the rumor mill has any intention of taking a rest.

Macbook Air goes Pro with 15-inch screen

Right on the heels of Apples’ recent Macbook Air upgrades comes speculation that Apple plans to release a 15-inch version of the notebook. This slice of heaven device is likely to add a number of the Macbook Air’s most significant features - the SSD and lack of optical drive, most notably - in a effort to become both thin and powerful. The lack of an optical drive is seen as particularly likely, considering Apple’s already-proven penchant to dispense with it in the effort to lighten up their devices.

Rumors point to the Macbook Air Pro (or whatever) seeing a release as early as this fall, putting it in direct competition with Intel’s Ultrabooks.

Would the move make sense? Definitely. In fact, it was a bit of a surprise to many that Apple didn’t release such a product with its announcements last week. A 15-inch Macbook Air would be the perfect formula for those who want a ultra-thin computer but who aren’t willing to sacrifice screen size to get it. Of course, the question is, can a thinned-out Macbook Pro maintain the same level of performance as the current line of Pro’s? Let’s hope so.

iOs saves face with face recognition

Last year Apple bought out Polar Rose, a Swedish company specializing in face recognition algorithms. Recent speculation, reported via 9-to-5 Mac, points to that technology making its way to iOS 5 in a significant way - as a public developer API. This means that any developer would be able to create applications based on facial recognition, a possibility that blows open the possibilities for the technology. Face-based authentication? That can happen.

An iPhone with the power of the sun

Echoing previous speculation that Apple is working on new forms of charging technology for the iPhone 6, recent rumors say that future Apple products could harness the power of the sun. Or at least that’s the story according to DigiTimes, which says Apple is currently in the evaluative stages for using solar panels in future products. The catch? Developing a usable form for the technology takes time, which likely means we won’t see a solar-powered iPhone anytime soon.

Previous round ups:

Apple rumor round up: New MacBook Air, Lion July 13th, iPad HD this fall, iPod Touch getting 3G

Apple rumor round up: iPhone 5 this September, hi-res iPad 3, Apple-branded televisions?

Apple rumor round up: iPhone 5 hard to make, wireless charging coming to iPhone 6

http://www.zdnet.com/blog/gadgetreviews/apple-rumor-round-up-15-inch-macbook-air-face-recognition-coming-to-ios-solar-powered-iphones/26568?alertspromo=&tag=nl.rSINGLE

Apple vs. Android: The way it may go down

By James Kendrick | July 27, 2011, 6:31am PDT

Summary

The international court ruling that HTC has infringed on Apple’s patents has brought Apple and Android to an important crossroad that will likely impact the mobile segment for a long time.

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James Kendrick

Companies involved in mobile tech turn to patents to protect research and innovation from being used by competitors. Getting intellectual property (IP) protected is a major effort by all companies, not only to protect its own IP but to keep from getting challenged by competitors as is happening regularly. Apple and HTC are going head-to-head currently over patent infringement, and the former has won its first victory in court where it has been determined that HTC has improperly used Apple’s IP in some of its Android smartphones. This has brought Apple and Android to an important crossroad that will likely impact the mobile segment for a long time.

HTC has stated it is willing to negotiate with Apple over the patents under litigation. That’s not surprising, as companies are always willing to avoid legal battles when it makes financial sense to do so. HTC is in a very vulnerable position having a court already ruled against it, so it must count on negotiating a license agreement with Apple to keep producing Android phones. What isn’t clear is what Apple’s response to HTC will be regarding such a license deal.

HTC recently announced it was buying graphics company S3. This was in no doubt due to the legal situation with Apple, as S3 has won infringement suits against Apple. HTC probably hopes to trade IP licenses with Apple to make the infringement decisions against both sides go away. Apple hasn’t acknowledged this situation yet, and probably can’t until HTC closes the deal to buy S3.

Apple is not in the business of licensing its technology, and the company is in such a strong financial position there is really no reason for it to do so. HTC is probably ready to hand over a billion dollars or so to make the Apple situation go away, but this money won’t really impact Apple’s core business. There is a mistaken belief that companies like Apple must license their patented technology to competitors, but that’s not the case. Apple could simply tell HTC no deal, and get injunctions to stop them from producing any Android devices in the future.

I can envision Steve Jobs appearing on camera for a simple statement in reaction to the outcry that would happen should Apple refuse to deal with HTC. He might point out that Apple is not in the business of licensing its technology, it builds things. Things based on technology it develops, and it recommends that HTC and others do the same.

If Apple puts HTC out of the Android device business, its next order would likely be to go after Samsung. Samsung is coming on strong in the mobile segment, due primarily to its Android business. Apple laid the groundwork to go after Samsung with the current suits for copying design, and the next step will be to file infringement suits for the same Android technology it has successfully defended in court against HTC. That would almost be a slam-dunk.

That would pave the way to stop Samsung from selling Android devices since the infringed technology is actually part of Android. With the top two Android device makers out of play, the platform would be in serious trouble. That is when Apple might finally go directly after Google for developing the infringing Android platform.

However this shakes out it is going to be a bumpy ride for Android device makers. Apple was brilliant to go after them and not Google, as it keeps the platform under a dark cloud for a longer period. It is not certain that Apple will ultimately win all legal battles against Android, but the ruling against HTC gives it a great start.

Image credit: Flickr user Tsahi Levent-Levi

http://www.zdnet.com/blog/mobile-news/apple-vs-android-the-way-it-may-go-down/3465?tag=nl.e539

An Apple/HTC patent deal could signal big trouble for Android

By Adrian Kingsley-Hughes | July 26, 2011, 9:00am PDT

Summary

HTC has indicated that it is prepared to negotiate with Apple over the ongoing patent dispute. But will Apple choose to settle? And if HTC and Apple do settle, what does this mean for Android as a whole?

Blogger Info

Adrian Kingsley-Hughes

HTC has indicated that it is prepared to negotiate with Apple over the ongoing patent dispute. But will Apple choose to settle? And if HTC and Apple do settle, what does this mean for Android as a whole?

Earlier this month the ITC (International Trade Commission) ruled that HTC was infringing on two of Apple’s patents. That’s a big deal for Apple, but it’s also a big deal for the Android platform as a whole since it is likely that these patents apply to every Android device out there. That’s a very big deal.

Now, if this was the state of play then HTC would be in big trouble. Fortunately the company has an ace up its sleeve. Earlier this month HTC announced a $300 million deal to buy S3 Graphics, an announcement that came just days following S3 winning an ITC ruling against Apple over two compression technology patents.

So HTC has some big guns of its own, and it’s willing to come to the table with Apple to sort things out:

“We have to sit down and figure it out,” Winston Yung, chief financial officer of the Taoyuan, Taiwan-based company, said by phone today. “We’re open to having discussions.”

So HTC isn’t defenseless after all. If HTC didn’t have any patents to fight Apple with, it’s likely that Apple wouldn’t choose to settle (after all, it’s not like the company needs the cash and collecting nickles and dimes in patent loot would bust be a drop in the cash ocean). But given that HTC has something that Apple wants (at least it’ll be HTC’s when its buyout of S3 is complete) then a settlement seems far more likely.

But, remember how those two patent ruling that Apple won against HTC most likely extend to all Android devices out there. If Apple and HTC can reach a deal through both having technology that the other side wants to license, where does that leave all the other OEMs out there? Also, where does that leave Android?

In trouble, that’s where it leaves them. If I were an Android OEM I’d be spending some time examining my patent portfolio in the hope that I can either find something that Apple might be infringing on, and then launching a infringement claim (and hoping that the HTC agrees with me), or looking for some patent that might be of interest to Apple. An Android OEM that doesn’t have technology that Apple is infringing on (or just wants) is in serious trouble.

Oh, and remember that Android as it is at the center of 49 federal and ITC infringement suits, so it’s likely that things are going to get worse before they get better.

http://www.zdnet.com/blog/hardware/an-applehtc-patent-deal-could-signal-big-trouble-for-android/13927?alertspromo=&tag=nl.rSINGLE

Apple's in-app purchase policy change closes integrated ebook stores

By Matthew Miller | July 25, 2011, 8:50am PDT

Summary

The new Apple policy on in-app purchases has now caused the Kindle, Kobo, and Nook ebook stores found in the applications to close down. You can still buy books outside the app though.

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Matthew Miller

Joel Evans

We have been receiving press releases for ebook apps that are getting updated to comply with Apple’s in-app purchase policy and as James reported the Kobo and Nook apps were updated first. GottaBeMobile confirmed that the Kindle app was also updated so now you have to purchase ebooks outside of the applications. Apple was going to take 30% of the cost of each ebook sold through these ebook stores and with ebook margins already slim there was no way these ebook vendors could accept that.

I now wonder if people will find it better to just go with something like a dedicated Nook, Kobo eReader, or Amazon Kindle eInk device. Maybe this will spur more people to buy ebooks from the Apple iBooks store. It isn’t that huge of a deal to use a web browser and purchase ebooks from these stores, but it does add another few steps to make ebook purchases. I moved to reading more books on these dedicated devices and really only read on my smartphone or tablet if I don’t have an ebook reader with me. For times when I want to sit and read for a couple of hours though these eInk readers are what I go to since the experience is so much better than an application on a mobile platform.

Thanks to Jason Perlow for the screenshot below.

Will this Apple policy change have any effect on your iPad reading experiences?

http://www.zdnet.com/blog/mobile-gadgeteer/apples-in-app-purchase-policy-change-closes-integrated-ebook-stores/4931?alertspromo=&tag=nl.rSINGLE

Apple releases iOS 4.3.5

By Adrian Kingsley-Hughes | July 25, 2011, 11:00am PDT

Summary

Out of the blue, Apple has released iOS update 4.3.5 for iOS devices.

Blogger Info

Adrian Kingsley-Hughes

Out of the blue, Apple has released iOS update 4.3.5 for iOS devices.

According to Apple this update ”Fixes a security vulnerability with certificate validation.” This comes hot on the heels of the 4.3.4 update that was released July 15 which plugged up a PDF vulnerability.

This update applies to:

• iPhone 4 (GSM model)
• iPhone 3GS
• iPad 2
• iPad
• iPod touch (4th generation)
• iPod touch (3rd generation)

You know the drill … hook up your iOS device to your computer, fire up iTunes and hit the “Check for Update” button.

http://www.zdnet.com/blog/hardware/apple-releases-ios-435/13911?tag=nl.e550

MacBook Air and OS X Lion synergy: A big hurdle for Windows 8

By James Kendrick | July 22, 2011, 5:37am PDT

Summary

The synergy between these the new MacBook Airs and OS X Lion is powerful stuff, and demonstrates the big task ahead for Microsoft’s work in progress, Windows 8.

Blogger Info

James Kendrick

Unless you have been sleeping in a cave somewhere, you know that Apple released new MacBook Air notebooks and OS X Lion together. The joint release is significant because Lion is designed from the ground up to optimize the user experience on Apple hardware. The synergy between these Apple products is powerful stuff, and demonstrates the big task ahead for Microsoft’s work in progress, Windows 8.

OS X Lion has a raft of features designed to make working with a MacBook Air, even older MacBooks, as intuitive as possible. The ability to have lots of programs running and easily get to any one of them is already changing the way I work with OS X. The handling of the small notebook screen is pure genius, as is moving between programs occupying the entire display via simple touch gestures. The hardware and software have been written from the ground up to work together.

Apple hasn’t done this overnight, it has been laying the groundwork for this synergy for a while. It started by putting large touchpads on every MacBook, and carried it over to non-notebooks with the release of the Magic Mouse and Magic TrackPad. The groundwork for a touch optimized experience was laid even before the iPad hit the scene. The company had a good plan and has executed it well.

This is the giant hurdle Microsoft faces with the next version of Windows, not so cleverly codenamed Windows 8. The sneak peeks Microsoft has given us of Windows 8 show an exciting new direction for the platform. Windows 8 attempts to do what Apple has executed, making the OS work efficiently with the system in the user’s favor. What will determine how well consumers react to Windows 8 when released will be how easy it is to use, especially on notebooks. Windows 8 must find a way to handle smaller displays intelligently like OS X Lion, and bring touch (not necessarily the screen) into the equation.

This is a daunting task for Microsoft as a software company. The legacy of Windows is that by design of Microsoft’s business plan, it must work on a wide variety of hardware made by other companies; this is not a complication faced by Apple. Microsoft decided long ago to be a software company, and this is now a competitive disadvantage. If it has to compromise the user experience offered by Windows 8 to make it work on some hardware, it will not compare well with OS X. That is a simple fact of life in this competitive environment.

Computer users have evolved the last few years to expect systems to be easy, even enjoyable to use. In the early days of Windows we all expected things to be complicated, and keeping everything going properly required access to an “expert”. Those days are gone, folks now expect their computer to just work, and be intuitive at that. This is the biggest obstacle facing adoption of Windows 8, as it means the OS must work on whatever hardware Microsoft certifies it for, and run well.

I am optimistic about the next version of Windows, more so than with any version in a long time. I hope that Microsoft’s decision to broaden the scope of hardware that Windows 8 will service doesn’t turn into a bad decision. Apple’s ecosystem is getting better due to the limited hardware focus needed due to building everything internally. Windows 8 doesn’t have that luxury, and that may be an awfully big a hurdle to jump.

Related:

• Why my next laptop will be a MacBook Air
• First impressions of OS X Lion for mobile workers
• The 11-inch MacBook Air is the best laptop I’ve ever owned
• Apple (mostly) kills off the white Macbook
• Apple MacBook Air: The original Ultrabook gets even better
• Apple rocks China: Can it outrun counterfeiters?
• Apple’s corporate iPhone, iPad app strength bad news for rivals
• Apple Q3 a blowout: 20.34 million iPhones; 9.25 million iPads

http://www.zdnet.com/blog/mobile-news/macbook-air-and-os-x-lion-synergy-a-big-hurdle-for-windows-8/3403?tag=nl.e539

How to: Procure Apple iPads, tablets in the enterprise

By Larry Dignan | July 21, 2011, 2:33am PDT

Summary

Procuring tablets and negotiations have a few quirks relative to other enterprise hardware deals, according to Forrester Research.

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Andrew Nusca

Rachel King

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Here to help you with your Document Management Needs

Consumerization brought Apple iPads and related tablets to corporations, but sourcing managers at large companies will be the ones bringing these devices to businesses in bulk. To date, procuring tablets and negotiations have a few quirks relative to other hardware deals, according to Forrester Research.

In a report, Forrester noted that popularity of the iPad in corporations—Apple’s financials tell the tale—but sourcing and vendor management executives may have to learn new tricks buying tablets.

The research firm makes the following points:

• So far, businesses are supporting tablets because workers are bringing them into the office.
• Despite Apple’s early run to the front, the corporate tablet market will be diverse as HP’s TouchPad, Android devices and RIM’s PlayBook enter the workplace.
• Companies will have to decide whether to base their sourcing plans on Apple or a traditional IT supplier. Why? Negotiations tactics will vary based on which side you choose.

That last point is notable and perhaps the biggest reason Apple rivals will get some enterprise traction. If companies can lump tablets in with PCs a company like HP or Lenovo could do well. Ditto for RIM, which can sell BlackBerries and PlayBooks together. Apple has been consumer focused and businesses will have to procure through resellers, which may not be used to working with large companies.

Forrester is recommending that companies stick with existing sourcing tactics. “Following basic tenets of hardware sourcing best practices eliminates the confusion and brings clarity to any irrational exuberance,” said Forrester.

General practices that will work procuring tablets:

• Publish a request for proposal with business requirements to determine whether you need an iPad or any tablet.
• Work with vendors and resellers to get the best deal.
• Time a purchase to the vendor’s final quarter.

The problem with that plan is that Apple’s pricing tactics for businesses are different. You can’t play the volume game like you would with another vendor. And it’s unlikely that you can get tablets tossed into a broader PC deal. Forrester reports that large account resellers are moving lots of iPads, but that means there’s little incentive for Apple to discount. Anything less than 1,000 iPads for a reseller isn’t likely to get much of a discounts.

If your company will commit to iPads you have some leverage. Apple dealers get an extra point of margin on a minimum 1,000 iPad order. Companies can negotiate to get some of that margin in the form of a discount. In addition, Apple allows resellers to offer enterprise discounts. If companies give a $250,000 a year purchase commitment for Apple gear they can get better prices and discounts.

But the risk for Apple in the enterprise is that companies can and will get better discounts elsewhere. Companies can lump tablets in with PCs and laptops. HP will put tablets in its Big Deal letters, which offer volume discounts for a tablet and PC bundle. Buying from Apple rivals also make it easier to negotiate via an advisor, who would have more historical data on deals. And it may also make sense to get tablets from a vendor you’re already using for a PC refresh.

To combat the discounting of traditional enterprise players, Apple executives this week talked about company specific applications for the iPad. Custom business apps would help lock in companies to the Apple ecosystem even with discounts.

http://www.zdnet.com/blog/btl/how-to-procure-apple-ipads-tablets-in-the-enterprise/52890