Welcome!

Microservices Expo Authors: Elizabeth White, Roger Strukhoff, Daniel Khan, Pat Romanski, David Green

Related Topics: Microservices Expo, Java IoT, Containers Expo Blog, Agile Computing, CRM, Cloud Security

Microservices Expo: Article

Monster Patent Verdict Threatens to Cripple Marvell

Marvell claims the patents were obtained by withholding prior art from the Patent and Trademark Office

The day after Christmas a federal jury in Pittsburgh stuffed a scuttle full of coal into Marvell Technology's stocking when it found the semiconductor company owed Carnegie Mellon University roughly $1.17 billion for infringing a couple of the school's patents.

The award is right up there in the stratosphere with the $1.14 billion Apple won this summer off of Samsung for infringing the iPhone.

Samsung can easily pay the judgment if it's upheld - even if it's increased for willfulness as Apple hopes.

Marvell, on the other hand, which got nabbed for infringing patents related to the disk drives used in PCs and servers, has all of $2 billion in the bank so it could be looking at bankruptcy if the judge trebles the judgment.

Even if the judge cuts the award Marvell will still have to come up with the interest accrued during any post-trial motions and a presumably long appeal to the Court of Appeals for the Federal Circuit in Washington, DC, that Marvell says it will seek if otherwise rebuffed.

It allegedly sold billions of chips incorporating the school's patented noise predictive detection technology without the license CMU offered it in 2003.

The widgetry, which goes to the core of all of Marvell's HDD controller business, increases the accuracy of retrieving data off of drives.

Marvell claims the patents were obtained by withholding prior art from the Patent and Trademark Office. It also claims the CMU widgetry can't be reproduced in silicon and so used its own IP.

Still, the jury found the patents valid and assessed Marvell a 50-cent-a-chip royalty just on the parts it sold since 2009 (ah, patent law).

According to Seeking Alpha's calculations, going forward "the per-chip royalty [here and abroad] will result in roughly a 20% hit to operating margins on [Marvell's] HDD controller business (taking operating margins from 50% to 40%), and at least a 50% reduction to the HD controller business net earnings. Since the HD controller business makes up approximately 50% of Marvell's sales, the ongoing impact to earnings will be astounding, and could result in a 25% reduction in net earnings for Marvell as a whole going forward."

Apparently Marvell was also less than transparent about disclosing its exposure to its investors.

The judge denied a mistrial motion by Marvell without prejudice so the issue of CMU's allegedly inflammatory statements to the court could be revisited.

Competitive underdog LSI could get a cost advantage.

Marvell supplies the quad-core Armada XP ARM SoC that Dell is using in its avant-garde Copper servers in a hyperscale enterprise cloud retort to HP et al.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

Comments (0)

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


@MicroservicesExpo Stories
Internet of @ThingsExpo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 19th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The Internet of Things (IoT) is the most profound change in personal and enterprise IT since the creation of the Worldwide Web more than 20 years ago. All major researchers estimate there will be tens of billions devices - comp...
Cloud Expo 2016 New York at the Javits Center New York was characterized by increased attendance and a new focus on operations. These were both encouraging signs for all involved in Cloud Computing and all that it touches. As Conference Chair, I work with the Cloud Expo team to structure three keynotes, numerous general sessions, and more than 150 breakout sessions along 10 tracks. Our job is to balance the state of enterprise IT today with the trends that will be commonplace tomorrow. Mobile...
SYS-CON Events announced today that eCube Systems, a leading provider of middleware modernization, integration, and management solutions, 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. eCube Systems offers a family of middleware evolution products and services that maximize return on technology investment by leveraging existing technical equity to meet evolving business needs. ...
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...
DevOps at Cloud Expo, taking place Nov 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 19th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long dev...
The following fictional case study is a composite of actual horror stories I’ve heard over the years. Unfortunately, this scenario often occurs when in-house integration teams take on the complexities of DevOps and ALM integration with an enterprise service bus (ESB) or custom integration. It is written from the perspective of an enterprise architect tasked with leading an organization’s effort to adopt Agile to become more competitive. The company has turned to Scaled Agile Framework (SAFe) as ...
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.
As the world moves toward more DevOps and Microservices, application deployment to the cloud ought to become a lot simpler. The Microservices architecture, which is the basis of many new age distributed systems such as OpenStack, NetFlix and so on, is at the heart of Cloud Foundry - a complete developer-oriented Platform as a Service (PaaS) that is IaaS agnostic and supports vCloud, OpenStack and AWS. Serverless computing is revolutionizing computing. In his session at 19th Cloud Expo, Raghav...
A company’s collection of online systems is like a delicate ecosystem – all components must integrate with and complement each other, and one single malfunction in any of them can bring the entire system to a screeching halt. That’s why, when monitoring and analyzing the health of your online systems, you need a broad arsenal of different tools for your different needs. In addition to a wide-angle lens that provides a snapshot of the overall health of your system, you must also have precise, ...
Sharding has become a popular means of achieving scalability in application architectures in which read/write data separation is not only possible, but desirable to achieve new heights of concurrency. The premise is that by splitting up read and write duties, it is possible to get better overall performance at the cost of a slight delay in consistency. That is, it takes a bit of time to replicate changes initiated by a "write" to the read-only master database. It's eventually consistent, and it'...
The burgeoning trends around DevOps are translating into new types of IT infrastructure that both developers and operators can take advantage of. The next BriefingsDirect Voice of the Customer thought leadership discussion focuses on the burgeoning trends around DevOps and how that’s translating into new types of IT infrastructure that both developers and operators can take advantage of.
With so much going on in this space you could be forgiven for thinking you were always working with yesterday’s technologies. So much change, so quickly. What do you do if you have to build a solution from the ground up that is expected to live in the field for at least 5-10 years? This is the challenge we faced when we looked to refresh our existing 10-year-old custom hardware stack to measure the fullness of trash cans and compactors.
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!
The emerging Internet of Everything creates tremendous new opportunities for customer engagement and business model innovation. However, enterprises must overcome a number of critical challenges to bring these new solutions to market. In his session at @ThingsExpo, Michael Martin, CTO/CIO at nfrastructure, outlined these key challenges and recommended approaches for overcoming them to achieve speed and agility in the design, development and implementation of Internet of Everything solutions wi...
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...
Thomas Bitman of Gartner wrote a blog post last year about why OpenStack projects fail. In that article, he outlined three particular metrics which together cause 60% of OpenStack projects to fall short of expectations: Wrong people (31% of failures): a successful cloud needs commitment both from the operations team as well as from "anchor" tenants. Wrong processes (19% of failures): a successful cloud automates across silos in the software development lifecycle, not just within silos.
Node.js and io.js are increasingly being used to run JavaScript on the server side for many types of applications, such as websites, real-time messaging and controllers for small devices with limited resources. For DevOps it is crucial to monitor the whole application stack and Node.js is rapidly becoming an important part of the stack in many organizations. Sematext has historically had a strong support for monitoring big data applications such as Elastic (aka Elasticsearch), Cassandra, Solr, S...
SYS-CON Events announced today that 910Telecom 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. Housed in the classic Denver Gas & Electric Building, 910 15th St., 910Telecom is a carrier-neutral telecom hotel located in the heart of Denver. Adjacent to CenturyLink, AT&T, and Denver Main, 910Telecom offers connectivity to all major carriers, Internet service providers, Internet backbones and ...
Monitoring of Docker environments is challenging. Why? Because each container typically runs a single process, has its own environment, utilizes virtual networks, or has various methods of managing storage. Traditional monitoring solutions take metrics from each server and applications they run. These servers and applications running on them are typically very static, with very long uptimes. Docker deployments are different: a set of containers may run many applications, all sharing the resource...
It's been a busy time for tech's ongoing infatuation with containers. Amazon just announced EC2 Container Registry to simply container management. The new Azure container service taps into Microsoft's partnership with Docker and Mesosphere. You know when there's a standard for containers on the table there's money on the table, too. Everyone is talking containers because they reduce a ton of development-related challenges and make it much easier to move across production and testing environm...