Showing posts with label technology news. Show all posts
Showing posts with label technology news. Show all posts

FCC fines Google $25,000 for unauthorized data collection and impeding investigation


The Federal Communications Commission has fined Google$25,000 for impeding a U.S. investigation into the data collection scandal surrounding its Street View project, in which the Internet giant allegedly accessed unsecured networks and collected personal information without users’ permission. The FCC said the Mountain View-based company did not cooperate with the investigation and refused to reveal the names of its engineers associated with the project. “Google refused to identify any employees or produce any e-mails. The company could not supply compliant declarations
without identifying employees it preferred not to identify,” the FCC said. “Misconduct of this nature threatens to compromise the commission’s ability to effectively investigate possible violations of the Communications Act and the commission’s rules.”
In a statement provided to Reuters, Google challenged the agency’s findings and claimed it turned over the proper information. ”As the FCC notes in their report, we provided all the materials the regulators felt they needed to conclude their investigation and we were not found to have violated any laws,” the company said. “We disagree with the FCC’s characterization of our cooperation in their investigation and will be filing a response.”

Nokia to announce its first manufacturing plant in Vietnam on April 23rd

Over the last few months, Nokia has closed scaled back several of its Western factories and shed over 3,000 employees in a recent effort to cut costs. The Finnish handset maker will shift its manufacturing business to Asia and is planning to build a plant in Vietnam, a move that is expected to cost some $300 million according to Vietnamese news organization BaoMoi. “Shifting device assembly to Asia is targeted at improving our time to market. By working more closely with our
suppliers, we believe that we will be able to introduce innovations into the market more quickly and ultimately be more competitive,” Nokia EVP ofMarkets Niklas Savander previously said. The company will reportedly hold a press conference to officially announce the project on April 23rd. The plant could create as many as 10,000 new jobs and is expected to produce 45 million handsets by the end of 2014.

Hollywood warms to China's new openness


LOS ANGELES (AP) — There's a new breach in China's great cultural wall and Hollywood is cautiously moving in.
Disney's announcement Monday that it will make "Iron Man 3" in partnership with a Chinese company is the latest sign that movie studios are warming to China's new openness.
For decades, China has capped the number of foreign films it allows into the country. Until recently, the limit was 20, but in February Chinese officials announced that they are increasing the quota to 34.
China said it will also allow foreign studios to garner a greater share of box office revenue. Foreign companies can now expect to earn 25 percent of their movies' ticket sales in China, up from between 13.5 and 17.5 percent.

The changes are a significant move for a bureaucracy that is leery of outside cultural influences and competition from foreign films. The change could affect everyone from action movie fans in Guangzhou to Hollywood's most powerful filmmakers.
The relaxing of China's strict rules comes at a price for U.S. studios. The world's most populous nation wants foreign studios to bring their moviemaking know-how to China by forming joint ventures with Chinese studios.
Still, Hollywood isn't gushing. In recent years, U.S. movie studios have developed a rocky romance with China. Chinese people adore foreign movies, especially 3-D adventures like "Avatar," or more recently "Journey 2: The Mysterious Island." But studios have been jilted when Beijing has promised new openness only to reverse course. In Disney's case, many of its movies have made it into the country, but recent hit "Tangled," for instance, was stopped at the border.
In a recent interview, DreamWorks Animation SKG Inc. CEO Jeffrey Katzenberg summed up the industry's attitude: "The goal lines are moving all the time," he said. "Everyone is wondering how it plays out."
China has long kept up a barrier against foreign films — wary of insidious cultural influences while sheltering its own filmmakers. Officials last raised the annual cap on foreign movie imports as a condition of joining the WTO in 2001. The recent increased foreign movie quota is a belated response to a trade dispute the U.S. won nearly three years ago.
Studios are patiently trying to make the relationship work, because of China's enormous potential. Box office revenue in China rose more than a third last year to $2 billion, putting the country on pace to become the world's second largest movie market after the combined U.S. and Canadian region this year. It is expected to top $5 billion by 2015. The U.S. and Canadian theatrical market, meanwhile, shrank two years in a row to about $10 billion in 2011. So far this year, however, revenue at U.S. and Canadian theaters is up about 19 percent.
It's only a matter of time before China's movie-going market is the world's biggest, according to some industry-watchers. Whether it is the most profitable for outsiders is another question. In 2006, Warner Bros. pulled out of a two-year-old theater chain joint venture when Beijing changed the rules, suddenly disallowing the studio's majority stake. Late last year, production company Legendary Pictures' joint venture, which is set to make the movie "The Great Wall," hit a stumbling block when its Hong Kong-based partner failed to raise enough capital.
Entertainment lawyer Schuyler Moore says he has warned clients not to be overly optimistic in dealing with the country, and says it will take a year to see how China implements its new movie policy. Moore believes China's new openness is aimed mainly at boosting its own cultural industries.
"In the long term, it's no different than China trying to make aircraft and cars and everything else. Their goal is to have the expertise so they can displace Hollywood," he says.
Against that backdrop, companies like The Walt Disney Co. and Katzenberg's DreamWorks are entering a delicate dance.
Katzenberg traveled to China in mid-March to meet with Chinese officials about how the expanded quota rules would be applied. He also sought to work out details regarding the company's new joint venture in China, Oriental DreamWorks.
"(China) is big, it is the fastest growing and that's what makes it challenging," Katzenberg told The Associated Press prior to his trip.
Disney and its new partner, Beijing-based DMG Entertainment, didn't offer many details about their "Iron Man 3" project, although the companies say the movie will incorporate Chinese elements and be partly funded by DMG.
The DreamWorks' deal, announced in February, is for a joint venture studio based in Shanghai that is 45 percent owned by DreamWorks and 55 percent owned by its Chinese partners, capitalized at $330 million.
Some analysts questioned whether it was worth it for DreamWorks to give up a 55 percent stake in the venture.
"It is not clear how well DreamWorks will do when it has to relinquish creative controls," said Janney analyst Tony Wible. "This just adds to some of the uncertainty with the deal. However, there is a good long-term potential, so the risk goes with the return."
China isn't just waiting for Hollywood to come running.
Last month, a key official in China's movie infrastructure, Yang Buting, appealed to Hollywood's finance community to enter new joint ventures in the country.
He once led the nation's primary distributor of foreign films, China Film Group, and now chairs a co-financing arm of the government, China Mainstream Media National Film Capital Hollywood Group Inc., which set up an office in Beverly Hills, Calif., this year.
"I have a vision of an ideal version of film cooperation between China and the United States: Chinese or American stories, joint investment, co-production, joint cast and credits, distributed globally," he said at a conference in Los Angeles. The formula will "surely be a win-win miracle for both China and the U.S."
So far, co-productions have had mixed success. The 2007 Ang Lee-directed film, "Lust Caution," which paired Hai Sheng Film Production Co. and Universal Pictures' Focus Features group, won critical acclaim but failed to make its money back.
On the other hand, the retelling of the 1984 classic "The Karate Kid" by Sony Pictures and China Film Group in 2010 reinvigorated a franchise. Much of its success can be credited to the charming chemistry between its new star, Will Smith's son Jaden, and martial arts legend Jackie Chan, a well-established Hong Kong-born hit with Chinese audiences. The movie was a global hit. It cast China and kung fu in a positive light and grossed $343 million worldwide.
Still, it is unclear whether new rules favor Chinese co-productions, or movies brought in under the new quota.
Based on a deal announced by Chinese Vice President Xi Jinping and U.S. counterpart Joe Biden, China will let in 14 more foreign movies a year as long as they are in 3-D or the Imax format. That lifts the number of foreign films allowed under the quota system each year to 34.
These foreign films will also share 25 percent of the box office receipts, up from 13.5 percent to 17.5 percent now. The rest goes to theater owners and the government.
While the new, higher cut is less than the 43 percent share China offers domestic movie studios, it still could be a better deal for Hollywood than being the junior member of a joint venture.
Meanwhile China's home movie market is dominated by pirated films. The fledgling market for legitimate online movie rentals is tiny.
One of the clearest beneficiaries of the rule change is Imax Corp., the big-screen movie company that licenses its technology for a share of ticket sales. Imax is hugely popular with Chinese movie fans. It receives about half of the studios' share of the box office for movies that end up on its screens in China. As more Imax-format movies are let in, more films will contribute to its Chinese revenue going forward.
Still, CEO Rich Gelfond treads carefully.
"I'd say there's always country risk wherever you do business in the world," he says. "But by creating a win-win scenario where it's good for the Chinese partners, it's good for the Chinese consumer, and it works for Imax, we think we can minimize that risk."
___
Business Writer Joe McDonald in Beijing contributed to this report.

Samsung to showcase flagship OLED HDTV at IFA in August

Samsung confirmed on Friday that its 55-inch OLED HDTV will be shown at Berlin’s IFA trade show in late August, according to a report from SlashGear. At the event, the manufacturer will announce the TV’s official launch details alongside a new, premium range of HDTVs. Samsung describes the new televisions as even “more premium” than its OLED models, although that may be in terms of functionality rather than design or display technology. Samsung unveiled its OLED TV at the
Consumer Electronics Showin January, however details remain scarce. Both television sets will reportedly support the newest iteration of Samsung AllShare, which will add a 5GB cloud account to its local DLNA-based service, along with a remote login system, in the latter part of 2012. Using a single account login, the feature will allow users to remotely access any of their Samsung devices located anywhere in the world.

Scientist beams up a real "Star Trek" tricorder


LOS ANGELES (Reuters) - Starships, warp speed, transporters, phasers. Think "Star Trek" technology is only the stuff of fiction? Think again.
Dr. Peter Jansen, a PhD graduate of the Cognitive Science Laboratory at McMaster University in Hamilton, Ontario, Canada, has developed a scientific measurement device based on the tricorders used by Captain Kirk, Spock, Dr. McCoy and other space adventurers on the classic TV series that has spawned numerous spin-offs in more than 45 years.

"Star Trek inspired me to be a scientist" said Jansen, who has been formally working on his tricorder prototypes since 2007, but toying with the idea of making a functioning device since he was "a kid in high school."
The 29-year-old Jansen's school days spanned the late 1990s when "Star Trek: Voyager" was on the air. It featured his favorite tricorder, a model with screens on top and bottom.
The first tricorder appeared on the original show's initial episode in 1966, when Capt. Kirk swaggered toward audiences with his phaser weapon holstered to his side but a tricorder in his hand. The hand-held devices for data sensing, analysis and recording, have been a part of "Star Trek" ever since.
But if Jansen, a self-confessed "addicted maker" of things, is successful at developing, testing and bringing his instrument into the public, the tricorder may not be just the stuff of "Star Trek" prop rooms. It may be used for real.
Jansen said his tricorder can take atmospheric measurements, or ambient temperature, pressure or humidity. It can take electromagnetic measurements to test magnetic fields, and it can make spatial measurements of distance, location, or motion.
Fascinating, as Spock might say.
Jansen thinks of his tricorder as a "general tool" -- a kind of "Swiss Army Knife" -- with practical uses in building inspection, for instance, where it might help taking temperature and humidity readings or be a distance sensor to measure rooms.
It resembles the device carried by countless "Away Team" members in "Star Trek - The Next Generation" - his favorite of the "Star Trek" shows, he notes.
NO SCIENCE FICTION
No independent group has yet verified his claims for the device which, he said, is one reason for placing his designs on a public website as an "open source" that technology makers can utilize to test and tinker.
Jansen has posted schematics and designs of his first and second prototypes, the Mark 1 and Mark 2, for anyone to see and build. Jansen expects to have his latest version, the Mark 4, produced for "about $200."
"Everything you need to build one is on line" at www.tricorderproject.org, said Jansen. He hopes others will follow his lead.
While it may sound like the stuff of science fiction, Jansen isn't the only one to take notice of just how useful a real functioning tricorder would be - especially as a medical tool.
Telecommunications giant Qualcomm Inc this year launched the "Tricorder X-Prize Contest" with the slogan "Healthcare in the palm of your hand." Qualcomm hopes to motivate developers with a $10 million prize to make medical tricorders a reality.
Wanda Moebus of the Advanced Medical Technology Association, who is not affiliated with Jansen or Qualcomm, told Reuters the X-Prize "is really cool," but cautioned that making a real medical tricorder device "would have to be measured on its safety and effect, like all other medical technologies."
Jansen said he has been approached by "a couple of teams" about the X Prize, but added that his prototypes are more for science research than medical tools.
Besides, he said he already is on to his next frontier, making a sort of "replicator," another "Star Trek" device that will create 3D objects and foods that are dimensional copies of real items.
Jansen's "replicator" is a 3D printer, which in itself is not really new, but the scientist thinks about it in terms reminiscent of "Star Trek's" famous prologue. It's "like nothing we've ever seen before," Jansen said.
(The story was refiled to fix website address and paragraph)
(Reporting By Frank Simons; Editing by Bob Tourtellotte)

Microsoft wins its biggest cloud computing client


LONDON (Reuters) - Microsoft announced its biggest-ever customer for cloud computing - software that it hosts on behalf of clients and delivers over the Internet - after winning a contract to provide free services to a major Indian education body.
Microsoft, which was built on the sale of expensive software that is installed on individual computers, has been forced by competition from Google and others to branch out into the fast-growing world of cloud computing.

The U.S. software giant said on Thursday it would provide its Live@edu communication and collaboration software to more than 7 million students and half a million teachers through a deal with the All India Council for Technical Education.
The service, which Microsoft is providing for free as part of its education initiative, includes email, Office Web applications, instant messaging and storage.
For users, cloud computing is inexpensive and simple, because it removes the need to spend time and money on installing software and managing servers.
Large government departments are prime targets for vendors such as Microsoft and Google.
Last June, Microsoft unveiled a revamped online version of its hugely profitable Office software suite.
(Reporting by Georgina Prodhan, editing by Jane Baird)

Google stock split helps Page, Brin maintain grip


SAN FRANCISCO (Reuters) - Google Inc announced a stock split designed to preserve the control of co-founders Larry Page and Sergey Brin over the world's No. 1 Web search engine, asking investors to trust their long-term vision.
The surprise decision, which its board unanimously approved, came as the company exceeded Wall Street's profit expectations but revealed a worrying 12 percent drop in search advertising rates - the second consecutive quarterly decline.

Shares of Google, which finished Thursday's regular session at $651.01, rose to $653 in after-hours trading.
The announcement came just as Page completed a year in the chief executive's seat for the second time, during which he spearheaded the $12.5 billion acquisition of Motorola Mobility and launched a social network to take on Facebook.
"This stock split dividend, a dividend of a non-voting shares, is really just so the company can maintain control," BGC analyst Colin Gillis said.
"Plus, you have another quarter with a disturbing drop in click prices. OK, paid clicks are up but people are paying less for them. We had smartphones before the December quarter. If we want to blame it all on smartphones, that's a little disconcerting.
Google said its board of directors has approved a 2-for-1 stock split. Investors will get a dividend of one share of the new, non-voting "Class C" stock for each existing Google share.
The new shares, to be listed on Nasdaq under a separate ticker, will be available for corporate uses such as equity-based compensation for employees, in which case they would not dilute the share base.
"When we went public, we created a dual-class voting structure," Page said in a letter explaining the moves. "Our goal was to maintain the freedom to focus on the long term by ensuring that the management team, in particular Eric, Sergey and I, retained control over Google's destiny," the letter said.
"We are creating a corporate structure that is designed for stability over long time horizons. By investing in Google, you are placing an unusual long term bet on the team, especially Sergey and me, and on our innovative approach," Page said.
Google remains one of the last few major technology corporations to resist calls to pay a cash dividend. Last month, Apple Inc gave in to investor pressure to pay a dividend as the company's cash pile grew to almost $100 billion.
RELIEF
Google's earnings of $10.08 per share, excluding certain items, surpassed the $9.65 that analysts had predicted - another source of relief after the previous quarter's earnings miss.
Net revenue, excluding fees paid to partner websites, totaled $8.14 billion in the three months ended March 31, compared with $6.54 billion in the year-ago period and analysts' average estimate of $8.15 billion according to Thomson Reuters I/B/E/S.
Net income was $2.89 billion, or $8.75 per share, compared with $1.80 billion, or $5.51 a share, in the year-ago period when Google took a $500 million charge to settle a government probe into its advertising practices.
(Editing by Richard Chang and Edwin Chan)

Wal-Mart previews 'Disc to Digital' movie service


ROSEMEAD, Calif. (AP) — Wal-Mart Stores Inc. previewed its "Disc to Digital" service for converting DVDs into an online libraryon Wednesday. Based on my experience, I'd give it a six out of 10.
That's the number of discs I was able to convert from a completely unscientific sampling of my personal DVD library.
The new service allows movie fans to walk into any Walmart, where they can present their old DVDs and get permanent access to anonline version of each movie that can be streamed from a home computer or a mobile device. The DVDs are stamped with a special ink to prevent further conversion. The DVDs, however, can still be played. Each DVD conversion costs as little as $2.

Three of my four failed conversions were no surprise — two were obscure documentaries, and one was a film from The Walt Disney Co., which is not participating in the service. One was a bit puzzling: "Water for Elephants," a fairly successful romance released last year by 20th Century Fox, one of the studios that is partnering with Wal-Mart.
Wal-Mart's category director for movies, Louis Greth, said the retailer hasn't yet cleared the rights for all the titles from participating studios. That will result in some titles not being available. Some actors and directors have not agreed to sign over digital rights to movies they took part in. In the case of director George Lucas, that includes all six "Star Wars" movies.
Fox confirmed that the digital rights for "Water for Elephants" have not been cleared.
Still, with 4,000 titles available for digital conversion when the service launches nationwide on Monday, the retailer hopes to give U.S. customers another reason to come into stores. Wal-Mart also wants to take part in the shift in the way people watch movies. More and more people are choosing to watch on portable devices like Apple's iPad, and allowing people to convert their DVD libraries is seen as an important bridge to a fully portable age.
Greth called the plan "the right first step" to ease consumers into owning movies online.
Five major studios are participating in the service, which gives consumers permanent access to their movies through Wal-Mart's Vudu online movie service.
Customers must bring in the physical discs themselves and an employee will search a database to see if they are available. For $5 per disc, movies can be upgraded from DVD to a high-definition online version. Blu-ray discs converted to HD will still cost $2 each. Each disc that gets converted gets stamped with indelible ink so it can't be reused by someone else.
Vudu can be accessed through computers, Internet-connected TVs, video game consoles and by way of a special player available on iPads and iPhones. Access requires a hard-wired Internet connection or Wi-Fi.
Participating studios include Viacom Inc.'s Paramount, Comcast Corp.'s Universal, Sony Corp., Time Warner Inc.'s Warner Bros. and News Corp.'s 20th Century Fox.
The Walt Disney Co. is developing its own online storage system called KeyChest, and is not involved in the Wal-Mart offer.
The service makes Wal-Mart part of the fledgling UltraViolet system for storing online movies. Several of the participating studios have begun to release new titles with the functionality, which allows purchased movies to be viewed through the Flixster online movie application. Fox has delayed introducing new titles on the UltraViolet standard until improvements are made.

Nokia shares tumble after loss forecast


HELSINKI (Reuters) - Nokia warned its phone business would post losses in the first two quarters of this year as it struggles to revamp its product line to compete with Apple and Samsung <005930.KS>, sending its shares 19 percent lower.
Earlier on Wednesday, the struggling firm said it had found a software bug in the new Lumia 900 smartphone, its big hope to take on Apple's iPhone, and was effectively giving the model away until it is fixed.

Nokia shares fell as low as 3.10 euros, their lowest level since 1997. The stock had already crashed more than 50 percent since Nokia announced in February 2011 it was dropping its own Symbian operating software and switching to the largely untried Windows Phone system developed by Microsoft .
Nokia said its phone business, which is launching a raft of new products running Windows Phone to make up for the decline of the Symbian lines, would make an operating loss of around 3 percent of sales in the first quarter, having earlier forecast around breakeven. It predicted a similar or larger loss in the second quarter, below all 29 analysts' forecasts gathered by Reuters.
On average, analysts had expected a profit margin of 0.4 percent for the first quarter, and 2.1 percent for the second.
"It's a disaster," said Thomas Langer at WestLB. "Shipments of Symbian devices are declining faster than we anticipated ... (and) the ramp up of Lumia devices is not fast enough to compensate for the shortfall."
"Nokia's challenges have been exacerbated by rampant competition - notably Apple and Samsung, who are extracting a disproportionate amount of margin from the industry at present," said Ben Wood at CCS Insight.
Nokia said competition was particularly tight in the emerging markets of India, the Middle East, Africa and China, which have been an area of strength for the company, even as it suffered in more developed markets.
Though still the world's biggest volume maker of cellphones, Nokia lost the top spot in the lucrative smartphone market last year to Apple and phones running Google's Android system, in part due to its weak performance in the United States, where its smartphones have less than 1 percent of the market.
It sold a total 12 million smartphones in the first quarter, with gross margins slipping to 16 percent from 20 percent in the previous quarter due to the fast decline in the Symbian portfolio. It still has a mountain to climb to match the 37 million iPhones that Apple shifted in the fourth quarter.
LOST GROUND
WestLB's Langer expects the problems to extend into the rest of the year.
"In Q3 we will have the iPhone 5 and (Samsung's) Galaxy S3 and so on, so EPS (Nokia's earnings per share) for 2012 is now somewhere in limbo. I think they need to start the second or maybe the third phase of a restructuring program. It's a very difficult situation for them."
The group has already announced 30,000 job cuts since Chief Executive Stephen Elop took the helm in late 2010.
"It does take time to turn around the product portfolio and so forth, but what you see is us very aggressively going after that," Elop told analysts.
Nokia said it sold over 2 million units of all its Lumia smartphone models in the quarter to end March, up from over 1 million in the overlapping November-to-January period, but analysts said they had expected a faster uptick in sales.
Mikael Rautanen from research firm Inderes said he was expecting twice the sales volume.
"This poured a lot of cold water on investors, and I think the stock is reacting accordingly," he said.
Nokia said it would focus increasingly on Lumia phones, a task made a little harder by the data connection bug in the Lumia 900, its first 4G phone, which it markets with the strapline "an amazingly fast way to connect". Nokia said a software update to fix the problem, a "memory management issue" related to phone software, not to hardware or the Windows operating system, would be available around April 16.
It is offering anyone who has bought a Lumia 900, or who buys one by April 21, a $100 credit on their AT&T bill. The operator sells the phone for $99.99 with a two-year contract.
The Lumia 900 is currently only available in the United States, where it was launched on April 8, and is key to Nokia's comeback there.
"It's like they stalled their engine when everybody is looking at them at the start of their race," said Gartner analyst Carolina Milanesi.
It is the third Nokia phone to run the Windows system and is due for a wider global launch this quarter. The model won several awards at the Consumer Electronics Show in Las Vegas in January.
COSTLY GLITCH
"I must say I have not encountered anything, but I have been impressed by their forthright, aggressive, and undoubtedly costly response," said Boston-based analyst John Jackson from CCS Insight, who uses the Lumia 900.
Though one analyst who asked not to be named said it would only cost Nokia at most $10 million on likely sales before the fix, it will be a big disappointment to a company struggling to revive its brand. Its share of the global smartphone market tumbled to 12 percent in the fourth quarter of last year from 30 percent a year earlier.
"To have a memory issue causing disruption to what was otherwise, apparently, a fairly good launch, with prime time ads and reasonable reviews, is the last thing they needed - particularly in the U.S.," said Tim Shepherd, analyst at Canalys, before the loss warnings.
Nokia created the smartphone industry in the late 1990s with its Communicator models and was the undisputed leader until Apple's iPhone entered the ring in 2007 and Google's Android system was released in late 2008.
(Additional reporting by Terhi Kinnunen, Eero Vassinen and Veronica Ek; Writing by Will Waterman; Editing by Janet McBride)

Microsoft deal with AOL part of patent scramble


NEW YORK (AP) — AOL's $1 billion deal to sell and license patents to Microsoft is another in a series of "Antiques Roadshow" moments in the technology world. Faded companies have been rummaging through their assets recently, and some of them have found musty old patents that turn out to be worth a great deal.
Patents have become a hot commodity in recent years. They give the holder the exclusive right to use certain technologies or business processes in the U.S. Companies such as Microsoft, Apple,FacebookGoogle and others are collecting large patent libraries and increasingly using them in lawsuits — to defend their businesses or to attack rivals.

A valuable patent is less like a forgotten Rembrandt and more like a rusty-but-serviceable gun.
"Patents have become legal weapons. They're not representing ideas anymore," says James Bessen, a lecturer at Boston University and the director of a nonprofit that studies patent issues.
Two big deals in the past year have pushed patents into the spotlight.
In July, a consortium that included Apple Inc. and Microsoft Corp. pledged to pay $4.5 billion for a collection of patents from Nortel Networks, a bankrupt Canadian maker of telecommunications equipment. By contrast, Nortel's once-prominent wireless networks business fetched just $1.13 billion in 2009.
The consortium outbid Google Inc. for the Nortel patents. But Google struck back in August, when it sealed a deal to buy cellphone company Motorola Mobility Holdings Inc. for $12.5 billion. Motorola is well past its prime as a cellphone maker, but as a technology front-runner for decades, its engineers had accumulated 17,500 patents for the company. The deal with Google has yet to close.
Google wants Motorola's patents as a defense against lawsuits related to its Android operating software for phones and tablets. Motorola, Samsung Electronics Co. and other phone makers have been riding Apple's coattails with devices that are similar to Apple's iPhone and iPad. Apple is fighting back, using patent law in an attempt to delay competitors.
Google supplies Motorola and Samsung with phone software, so it doesn't want to see Apple succeed with its lawsuits. It's buying Motorola so it can use its patents to sue Apple, a threat that could force Apple to the negotiating table or avoid suing Google's partners altogether.
Because of their complexity, high-tech products are particularly susceptible to patent litigation. Hundreds of thousands of patents could apply to a smartphone, for instance. A competitor sitting on any one of those patents could ask a court to stop sales of the product. Things rarely get that far, however. Instead, the defendant usually ends up paying the patent owner ongoing royalties.
These royalties can add up: Analyst Pierre Ferragu at Sanford Bernstein estimates that Taiwanese smartphone maker HTC Corp. pays about 10 percent of its revenue to license patents from other companies.
Christopher Marlett, the CEO of MDB Capital, an investment bank that focuses on intellectual properties including patents, says he believes the AOL deal was driven by the rivalry between Google and Microsoft. AOL has Internet-related patents, including some that cover mapping, given that it owns MapQuest, one of the pioneers in that area. Google and Microsoft have their own mapping services.
Much as Google, Microsoft and Apple are doing, Facebook is also buying patents from technology veterans to use in tomorrow's battles.
As a young, successful company with few patents of its own, it needs protection. In March, IBM Corp. sold Facebook 750 patents. The companies did not offer details on what the patents cover or the amount of money exchanged.
Which other companies are sitting on potentially valuable patent portfolios?
Eastman Kodak Co. started shopping around its digital-imaging patents last summer, but didn't manage to make a sale in time to avoid a bankruptcy filing. It's now set to sell the patents under the bankruptcy proceedings.
Though best known for film-based photography, Kodak created some of the first digital cameras. At a time when cameras now go into every phone, Kodak's patents could be worth $2 billion to $3 billion, according to various estimates. Last fall, investors valued the entire company at just over $1 billion, including its debts.
Patents may also represent a big part of the value of Research In Motion Ltd., the struggling maker of the BlackBerry. The company has seen a steep slide in sales, which has pulled its market capitalization down to $6.8 billion. Its patents could be worth $2 billion to $4 billion, analysts say.
Yahoo Inc., like AOL an Internet pioneer, has valuable patents and an ailing business as well. But its straits are not as dire as Kodak's and RIM's. Still, Yahoo chose to wield its patents in March, suing Facebook for infringement on 10 patents. As is customary, Facebook retaliated with its own patent suit against Yahoo, shortly after acquiring the patents from IBM.
The recent trend doesn't mean that patents are on an unstoppable rise in value. Ferragu, the Sanford Bernstein analyst, believes that the smartphone fight is heading for a truce, where a "gentleman's club" of companies figure out the relative strengths of their patent portfolios and work out royalty rates in accordance.
But patents are likely to keep driving deals.
"Patents are a very important asset class that have been ignored way too long," says Alexander Poltorak, CEO of patent-management firm General Patent Corp. "Patents are the currency of the knowledge-based economy."

Apple's 'iPad' is the only tablet people know


NEW YORK (AP) — Apple is on the verge of doing what few others have: change the English language.
When you have a boo-boo, you reach for a Band-Aid not a bandage. When you need to blow your nose, you ask for Kleenex not tissue. If you decide to look up something online, you Google instead of search for it. And if you want to buy a tablet computer, there's a good chance there's only one name you'll remember.

"For the vast majority, the idea of a tablet is really captured by the idea of an iPad,'" says Josh Davis, a manager at Abt Electronics in Chicago. "They gave birth to the whole category and brought it to life."
Companies trip over themselves to make their brands household names. But only a few brands become so engrained in the lexicon that they're synonymous with the products themselves. This so-called "genericization" can be both good and bad for companies like Apple, which must balance their desire for brand recognition with their disdain for brand deterioration.
It's one of the biggest contradictions in business. Companies spend millions to create a brand. Then, they spend millions more on marketing that can have the unintended consequence of making those names so popular that they become shorthand for similar products. It's like if people start calling station wagons Bentleys. It can diminish a brand's reputation.
"There's tension between legal departments concerned about 'genericide' and marketing departments concerned about sales," says Michael Atkins, a Seattle trademark attorney. "Marketing people want the brand name as widespread as possible and trademark lawyers worry ... the brand will lose all trademark significance."
It doesn't happen often. In fact, it's estimated that fewer than 5 percent of U.S. brand names become generic. Those that do typically are inventions or products that improve on what's already on the market. The brand names then become so popular that they eclipse rivals in sales, market share and in the minds' of consumers. And then they spread through the English language like the common cold in a small office.
"There's nothing that can be done to prevent it once it starts happening," says Michael Weiss, professor of linguistics at Cornell University. "There's no controlling the growth of language."
FIGHTING BACK
A company's biggest fear is that their brand name becomes so commonly used to describe a product that a judge rules that it's too "generic" to be a trademark. That means that any product — even inferior ones — can legally use the name. A brand usually is declared legally generic after a company sues another firm for using its name and the case goes to a federal court.
Drug maker Bayer lost trademarks for the names "aspirin" and "heroin" this way in the 1920s. So did B.F. Goodrich, which sued to protect its trademark of "zipper" in the 1920s after the name joined the world of common nouns. Similar cases deemed "escalator" generic in 1950, "thermos" generic in 1963 and "yo-yo" generic in 1965.
It's difficult to quantify how much revenue a company loses when its brand is deemed generic. But companies worry that it breeds confusion among consumers.
To prevent their names from becoming generic, some companies use marketing to reinforce their trademarks. For instance, after its Band-Aid brand name started becoming commonly used to refer to adhesive bandages, Johnson & Johnsons changed its jingle in ads from "I'm Stuck on Band-Aid" to "I'm Stuck on Band-Aid brand."
Kleenex uses "Kleenex brand" instead of just "Kleenex" on its packaging and in marketing and places ads to remind people Kleenex is trademarked. And the company contacts some people who use Kleenex generically to refer to tissue in order to correct them.
"We've worked very hard to keep 'Kleenex' from going the route of 'escalator' and 'aspirin,'" says Vicki Margolis, vice president and chief counsel, intellectual property and global marketing for Kimberly-Clark, which owns Kleenex. "If we lose the trademark, people can use it with sandpaper and call that a Kleenex."
Xerox is taking a similar route. The company, which introduced the first automatic copier in the U.S. in 1959, has been on a public crusade for decades to keep its brand from becoming generic. The machine's success has led people to start using "Xerox" to refer to any copying machine, copies made from one and the act of copying.
"In the mid- to late-1970s, we ran dangerously close to Xerox becoming 'genericized,'" says Barbara Basney, vice president of global advertising. "That prompted a lot of proactive action to protect our trademark."
Xerox has spent millions taking out ads aimed at educating so-called "influencers" like lawyers, journalists and entertainers about its brand name. A 2003 ad said: "When you use 'Xerox' the way you use 'aspirin,' we get a headache." More recently, a 2007 ad read: "If you use "Xerox" the way you use "zipper," our trademark could be left wide open."
While people still use "Xerox" generically — the Merriam-Webster dictionary lists the word as both a lower-case verb with the definition "to copy on a xerographic copier" and a trademarked noun — the brand says its campaign has been a success.
Xerox is still popular: It's ranked the 57th most valuable global brand, worth $6.4 billion, according to brand consultancy Interbrand. And perhaps most importantly, Xerox hasn't lost its trademark.
TAKING IT IN STRIDE
Sometimes companies embrace when their brands become common nouns.
Perhaps the best example of this is Google, a company created in 1998 when Alta Vista and Yahoo.com were the top online search engines. Google, which created a formula that returned more accurate results than its competitors, became so popular that people began saying "Google" to refer to a Web search, in general. Experts say Google has benefited from its name becoming a part of the lexicon.
"You don't say 'Why don't I Google it' and go to Yahoo or Bing," says Jessica Litman, professor of copyright law at the University of Michigan Law School, referring to other search engines.
Apple also has gotten a boost from its brand names becoming synonymous with products. The iPod, which was the first digital music player when it came out in 2001, is still the name people use for "digital music player" or "MP3 player." And it appears Apple's iPad is headed down the same path.
For consumers like Mary Schmidt, 58, the "iPad" is generic for "tablet." Schmidt, a Baltimore marketing executive, owns an iPad and doesn't know the names of any other tablets.
"When I think of tablets, I think of an iPad," she says. "I think it's going to be the generic name. They were first."
It remains to be seen if the iPad will maintain its name domination in the tablet market. Apple declined to comment for this article.
For now, Apple Inc. has a majority of the tablet category, which includes Amazon's Kindle Fire and Samsung Electronics Co.'s Galaxy Tablet. The iPad accounted for about 73 percent of the estimated 63.6 million tablets sold globally last year, according to research firm Gartner.
Apple's market share is likely to decline as more rivals roll out tablets. But experts say that won't necessarily diminish iPad's name recognition.
"Apple is actually pretty good at this," says Litman, the law school professor. "It's able to skate pretty close to the generics line while making it very clear the name is a trademark of the Apple version of this general category."
When the iPad debuted in 2010, some people offered up "Apple Tablet" or the "iTab" as better names. Others even suggested that the name sounded more like a feminine hygiene product than a tablet: "Get ready for Maxi pad jokes and lots of 'em!" wrote tech site Gizmo at the time.
Two years later, those complaints are all but forgotten.
"At the end of the day, the product was so successful that even if it wasn't the 'quote unquote' best name, it made the name synonymous with the category," says Allen Adamson, managing director at branding firm Landor.