|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.
SYS-CON Events announced today that LeaseWeb USA, a cloud Infrastructure-as-a-Service (IaaS) provider, will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. LeaseWeb is one of the world's largest hosting brands. The company helps customers define, develop and deploy IT infrastructure tailored to their exact business needs, by combining various kinds cloud solutions.
Jul. 26, 2016 10:15 AM EDT Reads: 1,174
Adding public cloud resources to an existing application can be a daunting process. The tools that you currently use to manage the software and hardware outside the cloud aren’t always the best tools to efficiently grow into the cloud. All of the major configuration management tools have cloud orchestration plugins that can be leveraged, but there are also cloud-native tools that can dramatically improve the efficiency of managing your application lifecycle. In his session at 18th Cloud Expo, ...
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Ovum, a leading technology analyst firm, has published an in-depth report, Ovum Decision Matrix: Selecting a DevOps Release Management Solution, 2016–17. The report focuses on the automation aspects of DevOps, Release Management and compares solutions from the leading vendors.
Jul. 26, 2016 09:00 AM EDT Reads: 1,691
SYS-CON Events announced today that Venafi, the Immune System for the Internet™ and the leading provider of Next Generation Trust Protection, will exhibit at @DevOpsSummit at 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Venafi is the Immune System for the Internet™ that protects the foundation of all cybersecurity – cryptographic keys and digital certificates – so they can’t be misused by bad guys in attacks...
Jul. 26, 2016 08:45 AM EDT Reads: 1,312
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Jul. 26, 2016 05:15 AM EDT Reads: 2,108
DevOps at Cloud Expo – being held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA – announces that its Call for Papers is open. Born out of proven success in agile development, cloud computing, and process automation, DevOps is a macro trend you cannot afford to miss. From showcase success stories from early adopters and web-scale businesses, DevOps is expanding to organizations of all sizes, including the world's largest enterprises – and delivering real results. Am...
Jul. 26, 2016 01:45 AM EDT Reads: 2,214
The 19th International Cloud Expo has announced that its Call for Papers is open. Cloud Expo, to be held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, brings together Cloud Computing, Big Data, Internet of Things, DevOps, Digital Transformation, Microservices and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding business opportuni...
Jul. 26, 2016 01:15 AM EDT Reads: 2,549
This digest provides an overview of good resources that are well worth reading. We’ll be updating this page as new content becomes available, so I suggest you bookmark it. Also, expect more digests to come on different topics that make all of our IT-hearts go boom!
Jul. 26, 2016 12:15 AM EDT Reads: 3,631
Keeping pace with advancements in software delivery processes and tooling is taxing even for the most proficient organizations. Point tools, platforms, open source and the increasing adoption of private and public cloud services requires strong engineering rigor – all in the face of developer demands to use the tools of choice. As Agile has settled in as a mainstream practice, now DevOps has emerged as the next wave to improve software delivery speed and output. To make DevOps work, organization...
Jul. 26, 2016 12:00 AM EDT Reads: 2,163
SYS-CON Events announced today that Isomorphic Software will exhibit at DevOps Summit at 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Isomorphic Software provides the SmartClient HTML5/AJAX platform, the most advanced technology for building rich, cutting-edge enterprise web applications for desktop and mobile. SmartClient combines the productivity and performance of traditional desktop software with the simp...
Jul. 25, 2016 11:00 PM EDT Reads: 1,061
Internet of @ThingsExpo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with the 19th International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world and ThingsExpo Silicon Valley Call for Papers is now open.
Jul. 25, 2016 10:00 PM EDT Reads: 2,530
In his session at @DevOpsSummit at 19th Cloud Expo, Yoseph Reuveni, Director of Software Engineering at Jet.com, will discuss Jet.com's journey into containerizing Microsoft-based technologies like C# and F# into Docker. He will talk about lessons learned and challenges faced, the Mono framework tryout and how they deployed everything into Azure cloud. Yoseph Reuveni is a technology leader with unique experience developing and running high throughput (over 1M tps) distributed systems with extre...
Jul. 25, 2016 07:15 PM EDT Reads: 2,121
This is a no-hype, pragmatic post about why I think you should consider architecting your next project the way SOA and/or microservices suggest. No matter if it’s a greenfield approach or if you’re in dire need of refactoring. Please note: considering still keeps open the option of not taking that approach. After reading this, you will have a better idea about whether building multiple small components instead of a single, large component makes sense for your project. This post assumes that you...
Jul. 25, 2016 03:30 AM EDT Reads: 4,087
The Internet of Things will challenge the status quo of how IT and development organizations operate. Or will it? Certainly the fog layer of IoT requires special insights about data ontology, security and transactional integrity. But the developmental challenges are the same: People, Process and Platform and how we integrate our thinking to solve complicated problems. In his session at 19th Cloud Expo, Craig Sproule, CEO of Metavine, will demonstrate how to move beyond today's coding paradigm ...
Jul. 24, 2016 09:45 PM EDT Reads: 2,155
Jul. 24, 2016 06:30 PM EDT Reads: 3,818
Right off the bat, Newman advises that we should "think of microservices as a specific approach for SOA in the same way that XP or Scrum are specific approaches for Agile Software development". These analogies are very interesting because my expectation was that microservices is a pattern. So I might infer that microservices is a set of process techniques as opposed to an architectural approach. Yet in the book, Newman clearly includes some elements of concept model and architecture as well as p...
Jul. 24, 2016 01:45 PM EDT Reads: 9,527
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Jul. 24, 2016 11:00 AM EDT Reads: 1,631
Let's just nip the conflation of these terms in the bud, shall we?
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They are not.
One is about the application. The other, the network. T...
Jul. 24, 2016 04:15 AM EDT Reads: 3,368
If you are within a stones throw of the DevOps marketplace you have undoubtably noticed the growing trend in Microservices. Whether you have been staying up to date with the latest articles and blogs or you just read the definition for the first time, these 5 Microservices Resources You Need In Your Life will guide you through the ins and outs of Microservices in today’s world.
Jul. 24, 2016 12:45 AM EDT Reads: 3,875
Before becoming a developer, I was in the high school band. I played several brass instruments - including French horn and cornet - as well as keyboards in the jazz stage band. A musician and a nerd, what can I say? I even dabbled in writing music for the band. Okay, mostly I wrote arrangements of pop music, so the band could keep the crowd entertained during Friday night football games. What struck me then was that, to write parts for all the instruments - brass, woodwind, percussion, even k...
Jul. 24, 2016 12:30 AM EDT Reads: 2,164