Microsoft to buy $1 Billion in AOL Patents

Patent protection is apparently the name of the game these days in the high tech world, and if so Microsoft just bought itself a chuck of protection in a deal with AOL that will give Microsoft 800 patents for approximately $1 billion.

The patents were sold after an auction in which other major consumer electronics and social media players reportedly participated. The deal is expected to close by year end 2012 and AOL said that it intends to pass a large portion of the sales down to shareholders. As part of the deal Microsoft is buying a business unit of AOL.

Patents are increasingly being used as a weapon against competitors, either being used to ban their products such as what Apple, Samsung, Motorola and others are doing in various places around the globe or being leveraged for financial purposes, such as Motorola demanding $4 billion a year in royalties from Microsoft.

This growing use of patents has lead to a number of major players making big buys similar to what Microsoft has done here. The Google $12.5 billion purchase of Motorola Mobility for example; Facebook recently purchased 750 patents from IBM and Sony and Apple gained a huge number of new patents via their $4.5 billion purchase of Nortel Networks.

From reports this looks like the bulk of the patents that AOL currently holds. It said that the company retains approximately 300 patents including ones in advertising, search and mapping. Microsoft will grant the company a license to the purchased patents as well.

I wonder what companies will feel Microsoft’s wrath in the patent market space. I believe that they must have had talks with AOL about what patents will protect them from rivals and which ones AOL believes are currently being violated. Stay tuned because it has probably never been a better time to be a patent or intellectual property lawyer.

Friday Grab Bag — Come for the Red Sox Game, Stay for the Bootmobile

For Red Sox Fans & L.L Bean Aficionados: Two venerable institutions are celebrating their 100th Anniversaries this year and what could be more natural than L.L. Bean teaming up with Fenway Park to celebrate that event? A lot you say, well quiet down.

Of the most interest to the average fan I believe will be the display of a large and unique collection of baseball artifacts that were collected by the founder of L.L. Bean, including letters between Leon Leonwood Bean and Babe Ruth and Ted Williams.

The L.L Bean Bootmobile will kick off the festivities when it drops by Fenway for the 2012 Season Opener, prior to the Bootmobile leaving on the 2012 Bootmobile Tour. It will be your chance to get your photo taken with the iconic vehicle, I kid thee not. There will also be ticket giveaways and a variety of other events centered on the joint anniversary.

Want to develop for the Windows Phone? There is AppCampus!
Of course it might help to speak Finnish. Microsoft has teamed with its partner Nokia and to continue their strong push of the Windows Phone platform with the creation of AppCampus, a venture that is designed to fuel development of apps for the platform.

The effort will be managed by a third partner, Aalto University School of Science and Technology, which was formed in 2010 in Helsinki with the merging of The Helsinki School of Economics, Helsinki University of Technology and The University of Art and Design Helsinki.

The three year venture, which will see Nokia and Microsoft invest approximately $24 million, seeks to garner thousands of applicants developing along a range of mobile apps. Aside from Windows development the effort will also encompass development for Nokia’s Symbian operating system.

Miss your Android apps on your PC? Look for that to end
BlueStacks, a developer of technology that is designed to allow Android apps to play on a PC has released the beta-1 version of its technology that should enable that feature. Called the App Player, the release is the second from the company.

A quick visit to its site confounded me on more information since it had a hot button to download the app but none to give me general information about the program, such as minimum system requirements etc… Maybe I just looked in the wrong place, would not be the first time.

According to PCWorld the app emulator runs on Windows XP, Vista and Windows 7 and enables you to use apps from a variety of Android app sites and run them on your PC, which would be cool, and lead to an even greater loss of productivity on my part. In the future the company is reportedly aiming at also allowing Macintosh users to play Android games. I wonder what Apple will try and do about that?

The Patent Wars
TiVo sues Time Warner & Motorola Mobility

TiVo, not wanting to be left on the sidelines in all of the lawsuit fun after ending a suit against Microsoft that apparently ended in a draw has filed a lawsuit against Motorola Mobility and Time Warner Cable, Venture Beat has reported.

The company is an experienced hand at this game, and a successful one, winning or resolving cases against several foes in the past including a deal that called for AT&T to pay the company at least $215 million. It also has a suit pending against Verizon.

In the most recent case TiVo is claiming that the two companies are violating three of its patents including ones that cover “multimedia time warping system,” and “system for time shifting multimedia content streams.” I do not envy the judge or jury in these cases.

Dell kills smartphone development — for now
Dell is once again rethinking its mobile strategy and this time I is its smartphone effort that is on the chopping block. It has already killed its tablet offerings, although the company is expected to return with a Windows-based offering by year end.

The company is killing in the United States its Venue Pro which runs a Microsoft OS and its Venue line that runs Android operating systems. It said that it will continue to sell the phones in Europe. The company did indicate that it intends to return to the U.S. market with new products at some point in the future.

FTC looking at establishing a “Do Not Track” option for consumers
The Federal Trade Commission has said that it is developing a “Do Not Track” option for consumer data and that the agency will seek to encourage the industry to adopt this as a standard feature that companies will be encouraged to adopt across the board.

At the same time it has indicated that it would like Congress to enact a law that would allow consumers access to the data that has been collected on them, much the way that you can access your financial standings.

Will this kill Facebook and Google? I am being facetious but they are top data harvesters, but I imagine they will simply provide an option to opt out and many, possibly most will not. Of more real interest to me is when I start hearing from sites I did not know where tracking me. I wonder what this will mean for the cookies market, if anything- any ideas?

NFL passes new rule changes
I sort of tune out the NFL right after the Super Bowl hype dies down. Sure there is free agency signings but it takes a while for the dust to settle and you can get a feel for how your team was helped or harmed. Possible aside from the Jets this year.

So while I knew that the NFL had changed some rules I did not realize that they changed 5 and that at least one more may be altered before all is said and done. Some of the changes were no-brainers like making the overtime rules the same in regular and post season and making the 12th man n the field penalty a dead ball foul.

The other moves include having Replay Officials initiate reviews on some types of turnovers, adding the recipient of a crack back block being added to the growing list of defenseless players and adding loss of down to kicking a loose ball. Was the last one really screaming to be added? There were a couple that was not approved as well, but it is still early in the offseason. Head over to SB Nation for a look at what did and did not pass.

Mobile Sports Report TechWatch: Microsoft to Conquer China?


RIM takes steps to expand app library

Research in Motion, struggling to remain relevant in the smartphone space has started seeding software developers with an early version of its next generation BlackBerry 10 device. The move is designed to help jump start the software app space, an area that the company has lagged its major platform operating system rivals Apple iOS and Google’s Android.

The company plans to provide developers that attend its annual BlackBerry World conference that will be held in Orlando, Fla. in May with the prototype, called the BlackBerry 10 Dev Alpha. The company expects to deliver the final version of the BlackBerry 10 late this year.

The company also has helped refund the BlackBerry Partners Fund II that is being run by Relay Ventures, but that fund will also look to fund app developers on rival platforms, something that it did not do in the first round of funding.

Mobile security increasingly in legislators’ cross-hairs
Going hand in glove with the increasing news about apps and ads stealing personal data are legislators seeking to get involved. A pair of congressmen has sent letters to 34 social apps develops for Apple’s iOS platform asking about their information collection and use practices

The companies included Apple, Twitter, Foursquare, Hipster, Linkedin, Facebook, Pinterest and Instagram and the letters were sent by Energy and Commerce Committee Ranking Member Henry A. Waxman and Commerce, Manufacturing, and Trade Subcommittee Ranking Member G. K. Butterfield.

This request is separate from the one launched a week ago from U.S. Senator Charles Schumer who has asked the FTC to look into the manner Google and Apple’s operating systems run and f they violate users privacy.

In a somewhat related note Pinterest has changed and updated its terms of service, acceptable use and its privacy rules-in part to help prevent copyright material from being pasted onto pinboards.

iPad eats data plans due to streaming video
This is no real surprise to anyone that has used their smartphone or a tablet to watch live streaming video over a cellular network- data plan limits are just demolished often resulting in costly bills and the need for additional capacity.

One of the selling points of the latest iPad was its ability to connect to high speed LTE networks, and with that comes the ability to watch sports and news programs live over the network in great clarity due to the device’s high resolution screen capabilities.

One study has found that the downloading of a single HD movie download could cost as much as $50, and could cause throttling to ensue from the carrier. Of course all a user needs to do to avoid this issue is ensure that they are using a Wi-Fi connection rather than a cellular one.


Boombox the fasted adopted technology?

An interesting little factoid over at The Atlantic, which they culled from the ever popular Journal of Management and Marketing Research shows that among consumer electronics technologies that have been introduced in the last 50 years, the fastest to see wide spread adoption after 7 years on the market was the boombox with an over 60% market penetration. Boy that is a bet I would have lost. The next four are CD Player, DVD Player, VCR and portable CD Player.

Use your smartphone primarily as a camera? HTC wants you.
HTC has just shown a new smartphone, the HTC X One, a model that can take as manay as 4 four digital photos a second. The phone, powered by a quad-core processor and featuring a 4.7-inch screen can also snap photos while the user is viewing video.

The iPhone 5 is coming!
And already the rumors are flying! We will try and avoid doing weekly updates on the rumors, but I do wonder if Apple will follow the example it set with the latest iPad, simply calling it an iPad rather than iPad 3. Will the next iPhone be simply known as iPhone? Could be.

Microsoft to conquer China first
I guess that Microsoft is not taking Vizzini’s advice about never get involved in a land war in Asia. The company’s executives are claiming that its Windows Phone operating system will enable it to pass Apple’s iPhone in market share in China.

With low cost options available from its partners that come in significantly lower than Apple’s offerings the company said that it will first surpass Apple and then will have its sights set on the Android space, which it believes it will also surpass, at some unnamed point in the future.

The importance of the Chinese market should not be underestimated since it is now the world’s largest market for smartphones even though its market penetration is significantly lower than in the United States.

Will American’s really lose $30 billion worth of phones this year?
They will if you believe a piece in Silicon Angle. That is a lot of phones. I have no idea how accurate that info is, but I will say I have found an iPhone 4 and a phone from Nokia in the last two weeks.

Mobile Sports Report TechWatch: Mostly Apple Edition

Flush from releasing its latest iPad, its stock price hovering near $600 and with billions in cash in the bank, Apple has announced plans to launch a dividend and share repurchasing program. The two programs will result in the company spending approximately $45 billion in three years.

The plan calls for Apple to spend $10 billion in a share repurchase program that will begin in September 30, 2012. Its goal is to help neutralize the impact of dilution from future employee equity grants and employee stock purchase programs. This program has already been approved by the company’s Board of Directors.

The second program calls for a quarterly dividend of $2.65 per share sometime in the fourth quarter of its fiscal 2012, which begins on July 1, 2012. This is still pending approval by Apple’s BoD.

Apple loses key ITC ruling
After a strong winning streak in its patent battles Apple is starting to lose a few again. The latest comes with an Administration Law Judge at the International Trade Commission ruling that Motorola Mobility did not infringe on three Apple patents. Apple had appealed an earlier ruling on the topic, and will now likely take the issue to court, so it is far from over.

Conde Nast to give advertisers viewer data
Conde Nast is finally relating the information it has been harvesting from readers of its iPad edition of its magazines. For the last 2 years a variety of its publications have been available on the tablets and I has been tracking a variety of information including basic data such as how many readers it has, the breakdown between paid and single issue sales and how long readers view articles and ads.

I would love to hear what some of this information and home the publisher will reveal some details to the public about what impact tablets have had on its business model, both pro and con. Publishers will start receiving data on specific issues 10 weeks after it hits the stands.

Windows 8 Tablets on the Horizon.
There seems to be a lot of breathless talk that when Windows 8 is released a slew of tablets will be released and crush Apple’s iPad, returning the tablet market to the righteous. Who cares? I hope that the tablets are good and have the options I want, not how they compare to Apple. But I digress.

There is a lot of talk about who is going to have tablets when Windows 8 is available, and a list of probables and a few features is included in this piece by the International Business Times. No real surprises, Hewlett-Packard, Nokia, Dell and some others but worth a look so you have an idea of what is on the way.

Kindle and Nook in for a fight from new Nexus tablet?
The site Android and Me is reporting that a Nexus tablet from ASUS is a done deal and expects that the tablet will come in at a very nice $149. It is reporting that Google has selected ASUS to produce the next generation Nexus tablet and that it will have a 7-inch form factor and that all other details are unknown at this time.

However this will go directly against the two popular e-readers out there, from Amazon and Barnes & Noble, which currently are the second and fourth most popular selling tablets. A good price war is always popular with consumers and I am looking forward to what they do if this turns out to be true.

Americans willing to pay for tablet content aside for news
A recent Nielsen study on tablet content purchases found some interesting facts about European and American users. Americans are willing to pay for almost all types of content, with 62% having purchased music, 58% purchased books and 51% have purchased movies, but only 19% paid for news.

That is not too far out of line with the European countries surveyed about news, aside from Italy which had 44% purchasing news content. The Europeans showed they were much less likely to buy books, movies and music than Americans.

Mobile Sports Report TechWatch: The Almost iPad III Edition

Apple is expected to deliver its heavily anticipated next generation iPad later this week. Rather than print all of the massive amount of rumors we are just noting at this point and will fill in the gaps when the company takes the wraps off its latest product.

It is likely that this week will mark the start of a number of tablet releases within the next month or so including a Toshiba offering expected the day prior to Apple’s announcement and we will try and stay on top of all of the noise and news.

Archos aims at kids market with Child Pad tablet
Speaking of tablets, Archos has unveiled the Child Pad, a 7-inch tablet running Android 4.0 that is designed for the children’s market. With a $129 SRP it is significantly lower than most tablets, aside from eReaders; the Child Pad has a number of features designed for the young consumer.

Archos is using what it calls a kid-friendly user interface and it will come preloaded with 28 kids’ apps and will have access to a Kids App Store that has 10,000 apps including games, entertainment and communications. No word on educational apps.

The tablet will feature a 1GHz processor and have 1GB of RAM and will feature parental controls. Archos said that it will be available by the end of March.

RSA Panel suggests enterprise ban smartphone BYOD
If an enterprise wants to truly have secure data it should ban the cost effective method of allowing employees to use their own phones and tablets as work devices. It said that the cost of supplying employees a smartphone that can be controlled by the organization is much smaller that the potential cost to the corporation if sensitive data is lost.

Security officials speaking at the RSA Security Conference in San Francisco last week said that patches and bug fixes are hard to apply to a fragmented phone market and that it makes more sense to have control over the devices but that often execs and other individuals push back on IT.

AT&T caves in on ‘unlimited data’ plans-sort of
After a spate of negative stories around the nation about how its attempt to throttle back the top 5% of data users who had its unlimited plan, AT&T has relented and changed its policy, at least somewhat.

One of the complaints was that users with unlimited plans would get throttled, or have their data download speeds greatly reduced, well before they hit the level that was available to users of lesser plans from AT&T, 3GBs.

While it has retired the ‘unlimited plan’ existing plan members were grandfathered in, and they pay $30 more than the 3GB tiered level, but have often found that they would be throttled as the closed in on 2GB. A recent small claims court award of $850 to a member that had his plan throttled might have had some impact on this deal. However the company said it will continue to slow down data for users’ as they near 3GBs.


Patent News: It was a busy week for Apple, Motorola, Samsung, Microsoft and a host of lawyers

Apple wins latest round in German Patent ruling
Apple has won a preliminary injunction against Motorola Mobility that could force Motorola to recall smartphones that infringe on Apple patents. I think two weeks ago it was the exact opposite-maybe they will open the door to rivals as both companies phones will be banned?

Anyway a German Court has ruled that Motorola has violated an Apple patent that deals with “portable electronic device for photo management” which apparently is something that Motorola uses with its photo gallery implementation in its phones.

According to Foss Patents, Apple has the option of having the injunction enforced which would mean a ban on Motorola smartphones in Germany. Apple has won an injunction against Motorola two weeks ago on a different topic in Germany and won on this won in a Dutch court as well. Be interesting to see if Motorola changes its tune on licensing deals for its technology to Apple.

Apple and Samsung get a split decision

Also in Germany, the Mannheim Regional Court issued a pair of rulings involving Apple and Samsung regarding patents. The court threw out a Samsung vs. Apple lawsuit, the third in a row, which has to deal with 3G/UMTS patents.

At the same time it threw out one of the two slide-and-lock patent disputes that Apple has filed against Samsung, and a decision on the second of the two is expected within a few weeks. Samsung has said that it will appeal the ruling and it is expected that Apple will do so as well.


Microsoft/Motorola ruling to be reviewed

The U.S. International Trade Commission is undertaking a review of a judge’s decision that said that Motorola infringed a Microsoft patent in Android smartphones. The ruling comes from a complaint that was originally filed in 2010 claiming that a total of 9 patents were infringed.

Two patents were dropped from the case and the judge found that one of the remaining seven did in fact infringe on a Microsoft patent. A final decision is expected sometime this spring and both Microsoft and Motorola said that they look forward to the results.

For fans of Futurama only
A group of hackers from the University have broken into the e-voting system in Washington D.C. and gotten their write in candidate to the 2010 school board elected-one Mr. Bender Bender Rodriguez, the robot from the cartoon Futurama.

The effort, from a few years past, was not some group seeking to over throw the will of the people but rather to answer a dare to see if anybody could break into the system and so was engineered by a Professor and a team of students. They found that they could change all existing and future votes in the system.

Friday Grab Bag: Apple pays $50 million for Chomp

Apple buys app search engine company
Apple has purchased Chomp, a startup that has developed technology that enables users to search the iOS App Store in unique ways including searching for features that are not listed in any other search category.

The app has a very wide range of features including checking on what apps your Facebook and Twitter friends have reviewed. It also lists a free app of the day and shows which apps are currently trending

Apple paid $50 million for the company but has given no clear direction as to what it intends to do with the technology that it has acquired. The company recently noted that it has already had 25 billion apps downloaded from the store.

Nike takes a second step with Nike +
Mike has made another move into digital sports with a pair of products, the Nike+ Basketball and the Nike+Training, both of which are shoes. The Nike+Basketball is designed to provide digital feedback about a players game including how high a player jumped, how fast they are and how hard they play. The first shows will be the Nike Hyperdunk+.

The second is the Nike+Training will be a line of shows that also feature a training program that has a series of workouts designed to improve performance. The first shows in this lineup will be the Lunar Hyper Workout+ for Women and the Lunar TR 1+ for men.

The shoes use a new sensor technology from the company called Nike+ Pressure Sensor built into each shoe. The sensor collects data and then wirelessly transmits data to their phone. Additionally Nike has started shipping its NikeFuel Band.

Microsoft files antitrust claim against Motorola with the EU
Microsoft has filed a complaint with the antitrust regulators in the European Union claiming that Motorola and Google are seeking to block sales of Microsoft products by seeking unfair terms for licensing their technology.

The complaint is very similar to the one that Apple filed last week and comes at a time when the EU has already said that it is quite willing to look at not only present but past patent licensing efforts by Motorola.

Microsoft said that Motorola is attempting to block sales of Windows PCs, our Xbox game console and other products by refusing patents. I imagine this is a good time to be a patent lawyer.

The Ryan Braun story keeps getting better
Braun, the MLB MVP winner from last season was found to have huge amounts of testosterone in his body according to two tests, and he has not disputed this. The issue was with the chain of custody and that his sample was not handled properly. Of course it also does not mean that he is guilty since he was acquitted by MLB.

The flame wars have been a lot of fun, here is one with a good deal of common sense as well- more so that the author of the piece had. And just for fun here is a second, in case you did not get enough the first time.

Apple wins on a different front
Apple’s dispute with a Chinese company over the name iPad looked to prevent the company from selling the devices in the world’s largest market but a court in Shanghai has ruled in Apple’s favor. Proview Technology had been arguing that Apple infringed on its trademark rights.

The Shanghai Pudong New Area People’s Court ruled against Proview saying that there was a lack of evidence that iPad sales would be a trademark violation. It said there was no law or regulation that would prohibit Apple from selling iPads and terminated the litigation of the case.

Fun with Amazon
I recently received a survey request from Amazon saying it was part of the company’s ongoing effort to provide better services and support. It was supposed to take between 10-15 minutes. Looking for any excuse not to work I decided to give it a stab.

I only managed to get to about question 6. When I said that I was unlikely to buy an e-reader in the next six months or whatever the question was exactly, it terminated the survey and said that I did not fit the customer profile they were looking for. Now that is good customer service, saving me 9-14 minutes!

Teddy bear gone bad
A truly frightening gift for a baseball fan- or any fan for that matter. But pretty funny if real.