Wednesday, July 4, 2012

U.S. Judge rejects Samsung request to lift stay on Nexus sales

By Erin Geiger Smith

Tue Jul 3, 2012 8:55pm EDT

n">(Reuters) - A U.S. judge on Tuesday rejected a request by Samsung Electronics Co. to lift a pre-trial injunction against sales of its Galaxy Nexus phone, another legal setback for the South Korean firm ahead of an upcoming court battle with Apple Inc..

Last week, U.S. District Judge Lucy Koh in San Jose, California, granted Apple's request to block sales of the smartphone. Samsung had asked the court to stay the injunction pending resolution of an appeal.

On Monday, Koh rejected a similar request to lift a ban on the U.S. sales of Samsung's Galaxy Tab 10.1, a tablet computer that runs on Google Inc's Android and is a competitor of Apple's iPad.

The two injunctions were significant victories for Apple, as such pre-trial injunctions are rarely granted.

Apple and Samsung, the world's largest consumer electronics corporations, are waging legal war in around 10 countries, accusing each other of patent violations as they vie for supremacy in a fast-growing market for mobile devices.

Apple sued Samsung last year, accusing the South Korean electronics maker of "slavishly" copying the iPhone and iPad. Samsung denies the claim and countersued. The case is due to come to court late this month and could have implications in other jurisdictions.

The district court is not the last chance for Samsung to get the injunctions lifted. Samsung has also appealed to a federal appeals court in Washington, DC, which has exclusive jurisdiction over intellectual property disputes.

As a condition of the Galaxy Nexus injunction, Apple was ordered to post a bond in the amount of more than $95 million to secure payment of any damages sustained by Samsung should the injunction be deemed a wrongful decision later.

Apple spokeswoman Kristin Huguet reiterated her previous statement in the case, saying Samsung blatantly copied Apple's products and that Apple must protect it's intellectual property.

Samsung did not immediately respond to requests for comment.

The smartphone case is U.S. District Court, Northern District of California, is Apple Inc v. Samsung Electronics Co Ltd et al, 12-00630.

(Reporting By Erin Geiger Smith; Editing by Richard Pullin)


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Tuesday, July 3, 2012

Microsoft names new industry hardware chief

Steve Guggenheimer, Microsoft's corporate Vice-President for original equipment manufacturers (OEM), introduces new tablet PCs with the Windows operating system at the Microsoft booth during the Computex 2010 computer fair at the TWTC Nangang exhibition hall in Taipei June 1, 2010. REUTERS/Nicky Loh

Steve Guggenheimer, Microsoft's corporate Vice-President for original equipment manufacturers (OEM), introduces new tablet PCs with the Windows operating system at the Microsoft booth during the Computex 2010 computer fair at the TWTC Nangang exhibition hall in Taipei June 1, 2010.

Credit: Reuters/Nicky Loh

SEATTLE | Fri Jun 29, 2012 8:58pm EDT

SEATTLE (Reuters) - The Microsoft Corp (MSFT.O) executive in charge of relations with PC makers is moving to a new job just two weeks after the software company broke with tradition by announcing it would manufacture a tablet computer, ruffling feathers of some hardware partners.

Steven Guggenheimer will move from his position of corporate vice president of Microsoft's original equipment manufacturer unit July 1, the company said, to take up an unspecified new senior leadership job within the company.

The move was the result of long-term planning, Microsoft said. Guggenheimer will be replaced by another Microsoft executive from the unit, Nick Parker.

Microsoft broke with more than 30 years of focusing on software last Monday when it announced it would make two new devices called Surface to run its new Windows 8 operating system, in an attempt to directly counter Apple Inc's (AAPL.O) iPad and lightweight laptops.

Some hardware makers complained they were kept in the dark about the move, which potentially puts Microsoft in direct competition with PC manufacturers .

(Reporting By Bill Rigby; Editing by David Gregorio)


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Apple scores second legal win vs Samsung in a week

Hugo Barra, director of product management of Google, holds a Samsung Galaxy Nexus mobile phone during Google I/O 2012 Conference at Moscone Center in San Francisco, California June 27, 2012. REUTERS/Stephen Lam

Hugo Barra, director of product management of Google, holds a Samsung Galaxy Nexus mobile phone during Google I/O 2012 Conference at Moscone Center in San Francisco, California June 27, 2012.

Credit: Reuters/Stephen Lam

By Dan Levine

SAN JOSE, California | Fri Jun 29, 2012 9:00pm EDT

SAN JOSE, California (Reuters) - A U.S. judge on Friday granted Apple Inc's (AAPL.O) request for a pre-trial injunction against the sale of Samsung Electronics Co Ltd's (005930.KS) Galaxy Nexus phone, handing the iPhone maker its second legal victory against Samsung in a week.

Apple and Samsung, the world's largest consumer electronics corporations, are waging legal war in several countries, accusing each other of patent violations as they vie for supremacy in a fast-growing market for mobile devices.

Friday's decision, by U.S. District Judge Lucy Koh in San Jose, California, comes days after she also slapped a pre-trial ban on sales of Samsung's Galaxy Tab 10.1, a tablet computer that runs on Google Inc's (GOOG.O) Android and goes toe-to-toe with the iPad.

The back-to-back triumphs - significant because pre-trial injunctions are rarely granted - meant Apple had a better week in court than last week, when Chicago federal court judge Richard Posner ruled the iPhone maker could not pursue an injunction against Google's Motorola Mobility, effectively ending that case.

"Apple has made a clear showing that, in the absence of a preliminary injunction, it is likely to lose substantial market share in the smartphone market and to lose substantial downstream sales of future smartphone purchases and tag-along products," Judge Koh said in Friday's ruling.

Koh scheduled a hearing on Monday to consider whether to put the Galaxy Nexus injunction on hold pending appeal. And she said in court that she might rule on Sunday whether or to similarly put on hold the earlier injunction on the Galaxy Tab.

Apple has waged an international patent war since 2010 as it seeks to limit the growth of Google's Android system, the world's most-used mobile operating platform. Opponents of Apple say it is using patents too aggressively in a bid to stamp out competition.

Spokeswoman Kristin Huguet reiterated her previous statement, accusing Samsung of copying the look and feel of its products.

Samsung said in a statement that it is "disappointed" in the decision. "We will take all available measures, including legal action, to ensure the Galaxy Nexus remains available to consumers," the statement added

As a condition of the injunction, Apple was ordered to post a bond of more than $95 million, to secure payment of damages sustained by Samsung should the injunction be deemed a wrongful decision later. The order shall become effective upon posting of the bond.

The case in U.S. District Court, Northern District of California, is Apple Inc v. Samsung Electronics Co Ltd et al, 12-00630.

(Reporting By Dan Levine and Poornima Gupta; Editing by Edwin Chan, Carol Bishopric and Richard Chang)


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U.S. investigating Google unit over patent licensing

A posed picture shows a Motorola Droid phone displaying the Google search page in New York August 15, 2011. REUTERS/Brendan McDermid

A posed picture shows a Motorola Droid phone displaying the Google search page in New York August 15, 2011.

Credit: Reuters/Brendan McDermid

WASHINGTON | Fri Jun 29, 2012 8:46pm EDT

WASHINGTON (Reuters) - U.S. antitrust regulators are investigating whether Google (GOOG.O) unit Motorola Mobility is living up to licensing commitments made when its patents were adopted as industry standards, two people familiar with the probe said on Friday.

The Federal Trade Commission sent civil investigative demands, essentially civil subpoenas, to companies this week asking them about Motorola Mobility's licensing practices, one person said.

The industry standards affected have to do with Wi-Fi and video standards, one of the people said.

Motorola Mobility has sued Microsoft Corp (MSFT.O) for infringement of industry standard patents and asked for its Xbox product to be barred from the U.S. market.

Standard-setting bodies meet periodically to determine which technology will be used industry-wide, which ensures devices will work together. Companies who hold those patents commit to licensing them broadly and on reasonable terms, even to competitors.

"We take our commitments to license on fair, reasonable and non-discriminatory terms very seriously," a Google spokeswoman said in an email when asked about the probe.

A spokeswoman for Microsoft confirmed receipt of the FTC inquiry but declined to describe what was in it. Apple Inc (AAPL.O) declined comment on whether it received a similar inquiry.

The FTC declined to comment.

The FTC also has a broader investigation underway into whether Google distorts its search results to steer people to its related businesses, like Google Places. The agency recently hired a big name litigator, Beth Wilkinson, to lead its probe.

Bloomberg was the first to report the Motorola patent investigation on Friday.

(Reporting By Diane Bartz and Poornima Gupta; Editing by Tim Dobbyn)


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Exclusive: Amazon to take on Brazil's ecommerce jungle

Graphics of the new Amazon Kindle tablets are seen at a news conference during the launch of Amazon's new tablets in New York, September 28, 2011. REUTERS/Shannon Stapleton

Graphics of the new Amazon Kindle tablets are seen at a news conference during the launch of Amazon's new tablets in New York, September 28, 2011.

Credit: Reuters/Shannon Stapleton

By Esteban Israel

SAO PAULO | Fri Jun 29, 2012 4:30pm EDT

SAO PAULO (Reuters) - Amazon.com Inc (AMZN.O) is expected to set up a digital bookstore in Brazil in the fourth quarter, as it seeks to get a piece of the fast-growing online retail market in the country that inspired its name.

The e-commerce powerhouse, named after Brazil's longest river, wants to elbow its way into Latin America's largest economy with the popular Kindle e-reader and a Portuguese-language catalogue of digital books, according to Brazilian publishers and an industry source familiar with Amazon's plans.

The all-digital approach will allow Amazon to minimize the risks that a bigger retail launch would imply in a country with notorious infrastructure shortcomings and a complex, costly tax system. The company would also have to ride out a downturn in Brazil's economy that threatens to cool consumer demand.

"Brazil would be the first country Amazon enters only with digital (products) and that is because of the logistic and tax difficulties," said the industry source, who spoke on condition of anonymity because of the sensitivity of the negotiations.

"Having a full retail operation? That's the goal," the source added.

A Brazil-based operation would save the country's 200 million consumers from paying high import taxes on online orders shipped from overseas.

Two local book publishers told Reuters they have had meetings and video conferences in recent months to negotiate contracts with Amazon's head of Kindle content, Pedro Huerta.

"They told us the plan is to start between October and November," said one of the publishers, who asked not to be identified.

Amazon spokesman Craig Berman declined to comment.

The world's largest online retailer, Amazon is the latest U.S. company looking to tap Brazil's $10.5 billion online retail market, which is expected to grow 25 percent this year fueled by a swelling middle class. Others include online movie service Netflix Inc (NFLX.O) and home-rental service AirBnB.

It would be Amazon's latest foray into emerging markets after breaking into China in 2004 and India earlier this year.

But the move comes as Brazil's decade-long expansion in consumer growth hits the brakes. In 2012, Brazil's economy is expected to grow less than last year's 2.7 percent expansion, raising questions about the timing of Amazon's entrance.

Pedro Guasti, director of the Sao Paulo-based research firm eBit, says Brazil's online business has become big enough to pop up on Amazon's radar.

"This year we should reach $12 billion in sales online, a level that justifies their entry. If they wait much longer it would become very expensive," he said.

KINDLE AIMS FOR SUPREMACY

Amazon thinks it could quickly dominate Brazil's ebook market with the Kindle, boosting sales of electronic books to 15 percent of the publishing market in the first year of operations from 0.5 percent currently, the industry source said.

Amazon hopes to grab 90 percent of Brazil's ebook market, the source added, in part because many Brazilians already download content from its site using readers they bought abroad.

Brazilians account for 1 percent of the global traffic to Amazon's websites, according to the company's information firm Alexa. That compares to 2.3 percent in Britain or 1.3 in Germany, where Amazon already has operations.

To gain market share quickly in Brazil, Amazon will likely sell its most basic Kindle model at a subsidized price of under 500 reais ($239), three times more expensive than in the U.S. but still bellow rival products, the source said.

That strategy - prioritizing market share over profit - is one that Amazon has used elsewhere, prompting critics to question the company's ability to make money in the long run.

Amazon has already signed contracts with around 30 Brazilian publishers and is rushing to build a portfolio of some 10,000 electronic books ahead of the end-year shopping season, the source familiar with the company´s plan said.

A publisher involved in the negotiations said Amazon is planning to price the ebooks at about 70 percent of their cover price and earn a profit margin of to 40 to 50 percent.

"Revenues for us will be insignificant, but we see it as an important channel to promote our products and sell more physical books," the publisher said, who also asked not to be identified because negotiations with Amazon are ongoing.

Amazon's move could end up prompting other U.S. competitors to expand their digital operations into on Brazil. One distributor said Barnes & Noble Inc (BKS.N) has already approached some Brazilian publishers with its reader Nook. A spokeswoman with the U.S. bookseller said they have plans to expand internationally but had no specific comments on Brazil.

"Local companies will need to acquire foreign technology in order to survive," said the source close to the negotiations.

NOT AN EASY MARKET

Rumors of Amazon's arrival are swirling in Brazil's online retail market, with many players already preparing marketplace platforms to compete with the U.S. giant.

Despite relatively low Internet penetration, Brazil has recently overtaken India as Facebook's (FB.O) second-biggest user base and is one of the world's fastest growing markets for smartphones.

But publishers and online retailers warn that when Amazon expands its retail offerings, it will struggle to replicate its efficient business model in Brazil, where labor costs are high, taxes complex and less than 20 percent of roads are paved.

Online retailers in Brazil complain about inter-state taxes and logistical bottlenecks in this vast country, which is roughly the size of the United States and where mail is sometimes delivered by canoe. Steep customs taxes and an endless chain of intermediaries make imported goods expensive.

Ludovino Lopes, head of Brazil's ecommerce association camara-e.net, says Amazon will have to adapt. "They will have to tropicalize their business model to take on those challenges."

One likely strategy is a long-term approach.

"I think Amazon will take small steps at first, to learn the market, but then invest in growth. Amazon is a large company, and could subsidize its operations in Brazil for years before making a profit there," said Colin Sebastian, an equity research analyst with R.W. Baird in San Francisco.

Local competitors say Amazon would first have to prove it can compete in the challenging environment.

"They are going to face the same kind of problems we always had," said Sergio Herz, director of Livraria Cultura, one of Brazil's top bookstores with a dozen locations.

"Until now they were in heaven and we were in hell. Come to hell with us, Amazon."

($1 = 2.03 reais)

(Editing by Todd Benson and Richard Chang)


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Facebook Q2 earnings results scheduled for July 26

Monitors show the value of the Facebook, Inc. stock during morning trading at the NASDAQ Marketsite in New York June 4, 2012. REUTERS/Eric Thayer

Monitors show the value of the Facebook, Inc. stock during morning trading at the NASDAQ Marketsite in New York June 4, 2012.

Credit: Reuters/Eric Thayer

By Alexei Oreskovic

SAN FRANCISCO | Fri Jun 29, 2012 5:21pm EDT

SAN FRANCISCO (Reuters) - Facebook Inc (FB.O) will report its second-quarter financial results after the market closes on July 26, the company announced on Friday.

The earnings results will be Facebook's first quarterly report since its initial public offering in May. Shares of the world's No.1 social networking company remain below its $38 offering price, closing Friday's regular trading session at $31.095.

Analysts, on average, expect Facebook to generate a profit of 12 cents a share on revenue of $1.15 billion. Thomson Reuters StarMine's SmartEstimates, a model that rewards accuracy and timeliness of analysts' predictions, suggests that Facebook will post earnings of 10.4 cents per share.

Facebook's announcement of its second-quarter earnings report did not specify which company executives would participate in the customary conference call with analysts that follows the release of results.

(Reporting By Alexei Oreskovic; Editing by Tim Dobbyn)


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Monday, July 2, 2012

Single trial for three accused in Dell insider case: Judge

A Dell computer logo is seen on a laptop at Best Buy in Phoenix, Arizona, February 18, 2010. REUTERS/Joshua Lott

A Dell computer logo is seen on a laptop at Best Buy in Phoenix, Arizona, February 18, 2010.

Credit: Reuters/Joshua Lott

By Basil Katz

NEW YORK | Fri Jun 29, 2012 2:07pm EDT

NEW YORK (Reuters) - Two former hedge fund portfolio managers and an analyst charged in a $62 million insider trading scheme will go to trial together in October, a U.S. judge ruled on Thursday.

Lawyers for each of the defendants had sought to convince U.S. District Judge Richard Sullivan in Manhattan that they were entitled to separate trials.

Prosecutors in Manhattan announced the charges against the three in January in a sweep dubbed "Operation Perfect Hedge" by the Federal Bureau of Investigation.

Their arrest was part of the government's campaign to root out illicit trading on Wall Street, in which a total of 70 people have so far been charged.

A lawyer for Todd Newman, who worked at hedge fund Diamondback Capital Management, told the judge that a jury would be prejudiced against his client if it was allowed to hear the size of the illicit gains one of the other defendants, Anthony Chiasson, is accused of reaping.

"We have all seen the protests, the 99 percent..." attorney Stephen Fishbein said. Given the ongoing "financial crisis," Fishbein said, "I can't think of a more emotional issue in this day and age."

The judge, however, was not sympathetic.

"I tried a murder trial with the shooter and the look-out at the same time. How do you think they felt?" Sullivan said.

Chiasson and Newman are accused of illegally trading ahead of computer maker Dell Inc's earnings announcements for the first and second quarters of 2008, netting them profits, respectively, of $57 million and $3.8 million.

An attorney for analyst Jon Horvath, of Sigma Capital management, a unit of Steven Cohen's hedge fund SAC Capital, had also argued for a separate trial.

Horvath was charged with one count of conspiracy to commit securities fraud and one count of securities fraud. Chiasson and Newman both face one count each of conspiracy to commit securities fraud as well as several counts of securities fraud.

All three men have pleaded not guilty and are contesting the charges.

The government's case is based in part on testimony by three former analysts turned government cooperators: Sandeep "Sandy" Goyal, Jesse Tortora and Spyridon Adondakis. All three previously pleaded guilty to related insider trading charges.

The trial is scheduled for October 29.

The case is US v. Todd Newman et al, U.S. District Court for the Southern District of New York, No. 12-mj-0124 and 12-cr-00121.

(Reporting By Basil Katz; editing by Carol Bishopric)


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