Pages

Showing posts with label claims. Show all posts
Showing posts with label claims. Show all posts

Oct 3, 2012

Samsung claims on jury foreman misconduct in Apple case revealed

lawsuit-judge-gavel

We learn more about why Samsung believes a juror in the California Apple Vs. Samsung trial is tainted.

New details have emerged about Samsung’s claims of juror misconduct in the recent trial with Apple. It seems that the jury foreman, Velvin Hogan, failed to disclose a lawsuit and a personal bankruptcy when he was questioned during jury selection. The experienced electrical engineer spoke about a trial with a former employee of his over software ownership and he mentioned a patent he holds related to “video compression software”. What he didn’t mention was being sued by former employer, Seagate Technology Inc. and filing for bankruptcy in 1993.

Seagate and Samsung have a “strategic alignment” that means Seagate drives are used in Samsung laptops and Samsung semi-conductors go into Seagate SSDs. As part of the deal, Samsung actually sold its HDD business to Seagate in 2011. Samsung said in its filing, “Mr. Hogan’s failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore in questioning.”

According to Bloomberg, Hogan explained in a phone interview yesterday that there was no misconduct. He says jurors were instructed to disclose litigation from the last ten years and the Seagate case and bankruptcy were outside that time limit. There isn’t actually any mention of a ten year limit in the transcript. Hogan also pointed out that one of Samsung’s lawyers is married to the lawyer who filed against him at Seagate, so how could Samsung not have known about this? Hogan wonders if Samsung “let me in the jury just to have an excuse for a new trial if it didn’t go in their favor.”

We asked Stanley M. Gibson, an experienced technology and IP trial lawyer at Jeffer, Mangels, Butler & Mitchell, about this issue previously and he told us, “An argument regarding juror misconduct will be hard to win.”

It’s no surprise that Samsung is determined to challenge the verdict which resulted in a $1.05 billion verdict for Apple. We reported on developments between the two electronics giants since the California jury returned a victorious verdict for Apple. While the Cupertino company seeks more damages and sales bans, Samsung has been pushing for a mistrial. We also saw Samsung add the iPhone 5 to another patent infringement suit it is bringing against Apple. That one concerns infringement of eight patents and Samsung is pushing for sales bans on several Apple devices.

The patent war rages on.


Source : digitaltrends[dot]com

Sep 22, 2012

Has 4G become meaningless?

4G meaningless smartphones data carriers lte

A cesspool of acronyms, overoptimistic marketing claims and incompatible technologies has made 4G incomprehensible to the average consumer. Now carriers will suffer for the mess they’ve created.

Recently, the investment firm Piper Jaffray conducted a study that found a full 47 percent of U.S. consumers don’t feel the need for 4G. This isn’t good news for the carriers, which have been fiercely touting their 4G networks for a few years now. Almost all new smartphones have some kind of 4G connectivity, including the new iPhone, at long last.

Part of consumers’ apathy over 4G might come from their inability to understand the difference between different flavors of it. The same survey found that 51 percent of consumers said that all 4G networks are the same. Not only can’t they name which is best,

That’s bad news for an industry as competitive as wireless communication, with recent marketing campaigns based upon name calling as a means of brand differentiation. With carriers betting ever more heavily upon data tiers as a main revenue stream, what can carriers do about consumers who don’t seem to understand their services?

How to be 4G

Confusion is the name of the game, and the carriers haven’t helped explain to consumers the benefits of 4G. Commercial mobile technologies are standardized by a complex number of bodies such as the ITU (International Telecommunication Union), the 3GGP (3rd Generation Partnership Project), and the IEEE (Institute of Electrical and Electronics Engineers). Still reading? Good. They are tasked with bickering until they set a strict, definite standard for each iteration.

These powers that be hold conferences, conduct studies, and perform secret ritual sacrifices in order to define what it each G – or generation – actually means. 4G is, of course the next numerical step, but the powers stumbled when it came to defining what that actually meant.

Strange encounters of the fourth generation

The 4G war got off to a specular fail from a marketing standpoint. There were many, vastly different technologies all vying for subscribers.

Sprint tried to get the ball rolling with WiMAX in 2008, a technology descended from the same tech in your Wi-Fi router. It was branded 4G, though real-life speeds were often more equivalent to a particularly fast 3G device. This was promising, but Sprint eventually declared the technology dead and migrated to LTE (Long Term Evolution, if you were curious). One down.

T-Mobile further muddied the waters with an upgrade to HSPA+, which is technically more like 3.5G, but which has been branded 4G.

AT&T had a wide, but much decried 3G network (partly blamed on iPhone exclusivity for years). While AT&T deploys its 4G LTE network nationwide, it’s also making things needlessly confusing by offering HSPA+ alongside, and branding it 4G just like T-Mobile. If you have an AT&T iPhone 4S, you might see a 4G logo appear sometimes, but it’s not the “true” 4G LTE you would get by upgrading to an iPhone 5.

Verizon launched a 4G LTE network in late 2010 – in its truest sense – it fulfilled the 4G guidelines.

Simple, right?

Setting low bars

No. Not simple, at all. Once the carriers got to building their new networks, the powers that be decided to change the definition of 4G. They lowered the minimum speed guidelines, so that carriers wouldn’t have to do too much heavy lifting, meaning that 4G networks would not be as revolutionary as they had first planned. Hence the bickering over “true” 4G. On top of that, building 4G networks gave carriers a chance to improve their existing networks with beefier backhaul – the connections that tie cell towers back to the backbone of the Internet. This greatly improved 3G speeds and availability, closing the gap between 3G and 4G.

cell tower 4g data speedsIt’s not surprising that the average consumer doesn’t care about 4G when they don’t get it, and 3G networks are progressively getting better. Coverage matters more than speed to many people — a souped-up network means squat if there isn’t a tower in your area.

The consumers don’t care

With so many different carrier definitions of 4G, and even an official designation that’s a moving target, it’s hardly surprising that people are confused. So what can the carriers do?

Agree on a standard speed definition. This is probably impossible, because the telecom industry is notorious for talking at, rather than with each other. But setting a baseline speed for 4G would at least let customers know what they’re being promised.

Stop slapping 4G on everything. This is really aimed at AT&T and T-Mobile, which are allowed to brand older HSPA+ 3G tech as 4G due to a magical shift in definitions back in 2010. While this is legal, it confuses people to a point where they don’t care.

Stop lying about speeds. Advertised speeds are not the same as real world speeds. T-Mobile might advertise 42mbps, but that’s the theoretical limit. That doesn’t look so rosy when you’re getting 45kbps downloads. Averages work much better, and leave less room for error.

Change phone branding conventions. While some handset-makers are responsible for this, it isn’t in a carrier’s best interest to have a phone named after wireless services. For example: The HTC EVO 4G LTE. Not the easiest name to understand. This particular model caused a friend to ask “What is a 4G?” as if it were some kind of new device. Apple keeps it simple with 3, 4s, 5 and so on. Heck, even Samsung does with its flagship line of Galaxy phones (S2, S3). I wonder where that inspiration came from?

Conclusion

The carriers have themselves to blame for the consumer confusion they’re currently stewing in. Unexplained acronyms, incompatible networks, technologies that vanish as soon as they’ve appeared – it’s as if they’re running Area 51, not voice and data networks. Carriers have the leverage to make the average consumer more interested in 4G, but it’s all up to them.

More speed is nice, but most of us would just settle for better reception. After all, if a guy with a mohawk can put a robot on Mars with less cash than it took to put on the Olympics, why can’t I have cell reception in an elevator?


Source : digitaltrends[dot]com

Sep 17, 2012

Why aren’t there more movies based on apps?

We've seen movies based on toys, comics, television shows and even other movies. So where are the movies based on new digital media? Perhaps Hollywood isn't ready, claims a new New York Times report.

While old media has traditionally proven itself to be very happy at the idea of recycling itself into irrelevance – See the latest reboot of a television series/movie franchise/etc. to hit a movie theater near you soon – it has equally turned out to be something that is surprisingly slow at taking advantage of media that is outside of its immediate comfort zone. While we are now used to superheroes dominating the summer blockbuster circuit, it’s worth remembering that Tim Burton’s Batman movie came out almost twenty five years ago, and the original Superman: The Movie more than a decade before that. Even comic books, apparently, needed some time to be assimilated into the movie and television mainstream. All of which is a long way of saying, for everyone who may be expecting Hollywood to turn around any minute now and realize that there is a lot of Intellectual Property just waiting to be bought up, adapted and exploited for enterprising entertainment executives out there…? You may have quite a wait ahead of you.

If you’re looking for some evidence of that, then you need look no further than this weekend’s New York Times, in which the trials awaiting app developers hoping for a multimedia payday were enumerated in painful detail. Whereas Iron Man, Optimus Prime and even John Carter have specific audiences – and nostalgic appeal – the problem with apps (and even video games) is that, well, they appeal to too many people: “Should Talking Tom be a cartoon for children on Nickelodeon?” the piece asked, referring to the creation of Outfit7, an app developer looking to bring their brand outside of the tech field. “Or is it something more grown-up, perhaps for Spike or Cartoon Network’s Adult Swim? The wrong move could narrow the following. A Nickelodeon show, for instance, could make Talking Tom uncool for men in their 20s.”

Additionally, there is the problem that today’s app makers are more merchandise-savvy than many more traditional creators. “App makers want to keep potentially lucrative toy rights for themselves. But studio executives say it is hard for them to justify pouring tens of millions of dollars into the creation of a movie or television show unless there is an added revenue stream as an incentive,” explained the Times’ Brooks Barnes.

There is, of course, an even more obvious reason why moviemakers might want to stick with what they know for now: No-one in Hollywood has worked out a way to translate first-person interactive narratives – videogames, for the most part, or even analog like Battleship – into a successful movie just yet. Until they can work out how to create a pleasing story for all viewers out of something that so much of its potential audience has made up in its head, it’ll be awhile until we’ll see a massive influx of material that’s based even more on interactivity and less on pre-set conditions.

Well, Angry Birds aside, obviously.


Source : digitaltrends[dot]com