Welcome!

Microservices Expo Authors: Elizabeth White, Pat Romanski, Dalibor Siroky, John Worthington, John Katrick

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
"Codigm is based on the cloud and we are here to explore marketing opportunities in America. Our mission is to make an ecosystem of the SW environment that anyone can understand, learn, teach, and develop the SW on the cloud," explained Sung Tae Ryu, CEO of Codigm, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
"We're developing a software that is based on the cloud environment and we are providing those services to corporations and the general public," explained Seungmin Kim, CEO/CTO of SM Systems Inc., in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
The nature of test environments is inherently temporary—you set up an environment, run through an automated test suite, and then tear down the environment. If you can reduce the cycle time for this process down to hours or minutes, then you may be able to cut your test environment budgets considerably. The impact of cloud adoption on test environments is a valuable advancement in both cost savings and agility. The on-demand model takes advantage of public cloud APIs requiring only payment for t...
identify the sources of event storms and performance anomalies will require automated, real-time root-cause analysis. I think Enterprise Management Associates said it well: “The data and metrics collected at instrumentation points across the application ecosystem are essential to performance monitoring and root cause analysis. However, analytics capable of transforming data and metrics into an application-focused report or dashboards are what separates actual application monitoring from relat...
Many enterprise and government IT organizations are realizing the benefits of cloud computing by extending IT delivery and management processes across private and public cloud services. But they are often challenged with balancing the need for centralized cloud governance without stifling user-driven innovation. This strategy requires an approach that fundamentally reshapes how IT is delivered today, shifting the focus from infrastructure to services aggregation, and mixing and matching the bes...
"CA has been doing a lot of things in the area of DevOps. Now we have a complete set of tool sets in order to enable customers to go all the way from planning to development to testing down to release into the operations," explained Aruna Ravichandran, Vice President of Global Marketing and Strategy at CA Technologies, in this SYS-CON.tv interview at DevOps Summit at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
"This all sounds great. But it's just not realistic." This is what a group of five senior IT executives told me during a workshop I held not long ago. We were working through an exercise on the organizational characteristics necessary to successfully execute a digital transformation, and the group was doing their ‘readout.' The executives loved everything we discussed and agreed that if such an environment existed, it would make transformation much easier. They just didn't believe it was reali...
DevOps teams have more on their plate than ever. As infrastructure needs grow, so does the time required to ensure that everything's running smoothly. This makes automation crucial - especially in the server and network monitoring world. Server monitoring tools can save teams time by automating server management and providing real-time performance updates. As budgets reset for the New Year, there is no better time to implement a new server monitoring tool (or re-evaluate your current solution)....
While some developers care passionately about how data centers and clouds are architected, for most, it is only the end result that matters. To the majority of companies, technology exists to solve a business problem, and only delivers value when it is solving that problem. 2017 brings the mainstream adoption of containers for production workloads. In his session at 21st Cloud Expo, Ben McCormack, VP of Operations at Evernote, discussed how data centers of the future will be managed, how the p...
While we understand Agile as a means to accelerate innovation, manage uncertainty and cope with ambiguity, many are inclined to think that it conflicts with the objectives of traditional engineering projects, such as building a highway, skyscraper or power plant. These are plan-driven and predictive projects that seek to avoid any uncertainty. This type of thinking, however, is short-sighted. Agile approaches are valuable in controlling uncertainty because they constrain the complexity that ste...
High-velocity engineering teams are applying not only continuous delivery processes, but also lessons in experimentation from established leaders like Amazon, Netflix, and Facebook. These companies have made experimentation a foundation for their release processes, allowing them to try out major feature releases and redesigns within smaller groups before making them broadly available. In his session at 21st Cloud Expo, Brian Lucas, Senior Staff Engineer at Optimizely, discussed how by using ne...
The benefits of automation are well documented; it increases productivity, cuts cost and minimizes errors. It eliminates repetitive manual tasks, freeing us up to be more innovative. By that logic, surely, we should automate everything possible, right? So, is attempting to automate everything a sensible - even feasible - goal? In a word: no. Consider this your short guide as to what to automate and what not to automate.
Agile has finally jumped the technology shark, expanding outside the software world. Enterprises are now increasingly adopting Agile practices across their organizations in order to successfully navigate the disruptive waters that threaten to drown them. In our quest for establishing change as a core competency in our organizations, this business-centric notion of Agile is an essential component of Agile Digital Transformation. In the years since the publication of the Agile Manifesto, the conn...
We just came off of a review of a product that handles both containers and virtual machines in the same interface. Under the covers, implementation of containers defaults to LXC, though recently Docker support was added. When reading online, or searching for information, increasingly we see “Container Management” products listed as competitors to Docker, when in reality things like Rocket, LXC/LXD, and Virtualization are Dockers competitors. After doing some looking around, we have decided tha...
The cloud revolution in enterprises has very clearly crossed the phase of proof-of-concepts into a truly mainstream adoption. One of most popular enterprise-wide initiatives currently going on are “cloud migration” programs of some kind or another. Finding business value for these programs is not hard to fathom – they include hyperelasticity in infrastructure consumption, subscription based models, and agility derived from rapid speed of deployment of applications. These factors will continue to...
"We are an integrator of carrier ethernet and bandwidth to get people to connect to the cloud, to the SaaS providers, and the IaaS providers all on ethernet," explained Paul Mako, CEO & CTO of Massive Networks, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
From our perspective as consumers, perhaps the best thing about digital transformation is how consumerization is making technology so much easier to use. Sure, our television remote controls still have too many buttons, and I have yet to figure out the digital display in my Honda, but all in all, tech is getting easier for everybody. Within companies – even very large ones – the consumerization of technology is gradually taking hold as well. There are now simple mobile apps for a wide range of ...
"I focus on what we are calling CAST Highlight, which is our SaaS application portfolio analysis tool. It is an extremely lightweight tool that can integrate with pretty much any build process right now," explained Andrew Siegmund, Application Migration Specialist for CAST, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
We all know that end users experience the Internet primarily with mobile devices. From an app development perspective, we know that successfully responding to the needs of mobile customers depends on rapid DevOps – failing fast, in short, until the right solution evolves in your customers' relationship to your business. Whether you’re decomposing an SOA monolith, or developing a new application cloud natively, it’s not a question of using microservices – not doing so will be a path to eventual b...
"Cloud4U builds software services that help people build DevOps platforms for cloud-based software and using our platform people can draw a picture of the system, network, software," explained Kihyeon Kim, CEO and Head of R&D at Cloud4U, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.