|By Maureen O'Gara||
|November 14, 2012 09:00 AM EST||
Late Saturday - on the eve of Armistice Day - Apple and HTC announced that they have settled their patent litigation at the price of a 10-year license agreement that covers "current and future patents held by both parties."
Terms aren't being disclosed.
An HTC spokeswoman told the Wall Street Journal that the company "doesn't expect the license agreement to have an adverse material impact" on it.
Back in 2010 Apple offered Samsung terms of $30 a smartphone and $40 a tablet or $24 for a cross license, sums that might be pricey for HTC, which unlike Samsung, is no longer a serious market threat.
It's the first licensing deal Apple has cut with an Android vendor.
The practically historic announcement consisted of all of four sentences including a statement from Apple CEO Tim Cook, who has called the Steve Jobs-sparked patent litigation "a pain in the ass," said, "We are glad to have reached a settlement with HTC. We will continue to stay laser-focused on product innovation."
HTC CEO Peter Chou said that "HTC is pleased to have resolved its dispute with Apple, so HTC can focus on innovation instead of litigation." He might have also said that it's expensive up against Apple's boundless treasure. HTC, whose smartphone market share has shrunk, is expecting another poor quarter.
HTC, which has few patents of its own, was also first to settle with Microsoft back in the spring of 2010. HTC went on to pay $300 million for S3 Graphics thinking its patents would protect it from Apple. It also borrowed patents from Google and HP to countersue Apple. Neither avenue proved successful, but then neither Apple nor HTC seemed to be getting very far in the litigation arena.
HTC lost to Apple at the International Trade Commission resulting in a temporary ban on a couple of its phones. The ITC also found that the iPhone and iPad didn't infringe on HTC patents. Another ITC decision is imminent. HTC had better luck with a British court which said it didn't infringe four key Apple patents. On the other hand, Apple seems a bit stymied in district court. Meanwhile, HTC has taken up with Windows Phone 8.
FOSS Patents warns not to interpret the reference to the deal covering "current and future patents" as meaning all Apple patents since such an arrangement could imperil Apple's claims against Samsung and Google subsidiary Motorola Mobility.
The blog says, "Apple knows that any license deal it strikes will, at least potentially, impair its ability to obtain injunctive relief in the United States over the patents covered by such deals. In any future situation in which Apple seeks injunctive relief against an Android device maker, the Apple-HTC license agreement will have to be shown to the court and the parties' lawyers, and other adversaries will hold it against Apple, claiming that Apple's willingness to sell a license to HTC covering a given patent means that it can be compensated with money for the continued infringement of such a patent. For Samsung this Apple-HTC deal probably comes too late to leverage it at the December 6 hearing in formal terms."
December 6 is when the California district court takes a stab at deciding what of the $1.05 billion jury decision against Samsung stands, increases or falls.
In a report titled “Forecast Analysis: Enterprise Application Software, Worldwide, 2Q15 Update,” Gartner analysts highlighted the increasing trend of application modernization among enterprises. According to a recent survey, 45% of respondents stated that modernization of installed on-premises core enterprise applications is one of the top five priorities. Gartner also predicted that by 2020, 75% of
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It is with great pleasure that I am able to announce that Jesse Proudman, Blue Box CTO, has been appointed to the position of IBM Distinguished Engineer. Jesse is the first employee at Blue Box to receive this honor, and I’m quite confident there will be more to follow given the amazing talent at Blue Box with whom I have had the pleasure to collaborate. I’d like to provide an overview of what it means to become an IBM Distinguished Engineer.
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The cloud has reached mainstream IT. Those 18.7 million data centers out there (server closets to corporate data centers to colocation deployments) are moving to the cloud. In his session at 17th Cloud Expo, Achim Weiss, CEO & co-founder of ProfitBricks, will share how two companies – one in the U.S. and one in Germany – are achieving their goals with cloud infrastructure. More than a case study, he will share the details of how they prioritized their cloud computing infrastructure deployments ...
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SYS-CON Events announced today that G2G3 will exhibit at SYS-CON's @DevOpsSummit Silicon Valley, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Based on a collective appreciation for user experience, design, and technology, G2G3 is uniquely qualified and motivated to redefine how organizations and people engage in an increasingly digital world.
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If you are new to Python, you might be confused about the different versions that are available. Although Python 3 is the latest generation of the language, many programmers still use Python 2.7, the final update to Python 2, which was released in 2010. There is currently no clear-cut answer to the question of which version of Python you should use; the decision depends on what you want to achieve. While Python 3 is clearly the future of the language, some programmers choose to remain with Py...
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Opinions on how best to package and deliver applications are legion and, like many other aspects of the software world, are subject to recurring trend cycles. On the server-side, the current favorite is container delivery: a “full stack” approach in which your application and everything it needs to run are specified in a container definition. That definition is then “compiled” down to a container image and deployed by retrieving the image and passing it to a container runtime to create a running...
Oct. 7, 2015 12:30 AM EDT Reads: 160
Somebody call the buzzword police: we have a serious case of microservices-washing in progress. The term “microservices-washing” is derived from “whitewashing,” meaning to hide some inconvenient truth with bluster and nonsense. We saw plenty of cloudwashing a few years ago, as vendors and enterprises alike pretended what they were doing was cloud, even though it wasn’t. Today, the hype around microservices has led to the same kind of obfuscation, as vendors and enterprise technologists alike ar...
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“All our customers are looking at the cloud ecosystem as an important part of their overall product strategy. Some see it evolve as a multi-cloud / hybrid cloud strategy, while others are embracing all forms of cloud offerings like PaaS, IaaS and SaaS in their solutions,” noted Suhas Joshi, Vice President – Technology, at Harbinger Group, in this exclusive Q&A with Cloud Expo Conference Chair Roger Strukhoff.
Oct. 6, 2015 02:45 PM EDT Reads: 370
Clearly the way forward is to move to cloud be it bare metal, VMs or containers. One aspect of the current public clouds that is slowing this cloud migration is cloud lock-in. Every cloud vendor is trying to make it very difficult to move out once a customer has chosen their cloud. In his session at 17th Cloud Expo, Naveen Nimmu, CEO of Clouber, Inc., will advocate that making the inter-cloud migration as simple as changing airlines would help the entire industry to quickly adopt the cloud wit...
Oct. 6, 2015 12:30 PM EDT Reads: 587
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Oct. 6, 2015 12:15 PM EDT Reads: 120
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Oct. 6, 2015 11:00 AM EDT Reads: 851
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Oct. 6, 2015 10:45 AM EDT Reads: 454
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Oct. 6, 2015 10:00 AM EDT Reads: 215
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Oct. 6, 2015 09:00 AM EDT Reads: 365
SYS-CON Events announced today that HPM Networks will exhibit at the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. For 20 years, HPM Networks has been integrating technology solutions that solve complex business challenges. HPM Networks has designed solutions for both SMB and enterprise customers throughout the San Francisco Bay Area.
Oct. 6, 2015 09:00 AM EDT Reads: 573
There once was a time when testers operated on their own, in isolation. They’d huddle as a group around the harsh glow of dozens of CRT monitors, clicking through GUIs and recording results. Anxiously, they’d wait for the developers in the other room to fix the bugs they found, yet they’d frequently leave the office disappointed as issues were filed away as non-critical. These teams would rarely interact, save for those scarce moments when a coder would wander in needing to reproduce a particula...
Oct. 6, 2015 08:45 AM EDT Reads: 262
What Is Emergent About Emergent Architecture? By @TheEbizWizard | @DevOpsSummit #DevOps #BigData #API
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Oct. 6, 2015 08:00 AM EDT Reads: 380
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Oct. 6, 2015 07:45 AM EDT Reads: 157
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Oct. 6, 2015 07:00 AM EDT Reads: 499
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Oct. 6, 2015 04:15 AM EDT Reads: 276