Samsung

When we reported on Apple’s courtroom woes in March, we told you lawmakers were sending letters to iOS devs (Apple included) and questioning them on their privacy policies about how apps access contact data without explicit user permission. Despite promises, Apple has yet to carry out an update requiring apps to ask for user-approval, but an earlier case over the collection of user data has been given the green light by U.S. District Judge Lucy Koh in California. Reuters reported the lawyers representing customers in the case claimed in court today that Apple “collected data on customers’ geographical locations even after users said they didn’t want to share the information.” The judge is asking Apple to submit relevant documents to the plaintiffs by May 17.

In other courtroom news, ComputerWorld reported this week that Judge Koh ordered Apple and Samsung to “streamline” its patent claims ahead of a trial set for July 30. According to the report, the companies have already cut back the claims included in the case to 37 products, 16 patents, six trademark, five trade dress claims, and an antitrust suit, but Judge Koh said the extent of the case is “cruel and unusual punishment to a jury.” If Apple and Samsung do not agree to reduce the set of claims, the trial could be postponed until next year. The news comes after the companies agreed with Koh to have their CEOs meet for settlement talks related to the patent cases on May 21-22.

Justia.com reported this week that Apple is facing a class-action lawsuit over claims that iTunes is continually double billing a customer for downloads of a song. Apple apparently refuses to refund some customers for these double billing incidents, citing its Terms of Service. A copy of the lawsuit and more information on the class action is here.

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[youtube http://www.youtube.com/watch?v=2lpLGb1WW8E&hd=1]

Samsung announced the Galaxy S III today at the Unpacked event in London. Apple’s biggest competitor in the smartphone space, and the only other manufacture making any significant profit, showed off the upgraded 4.8-inch 720P SuperAMOLED display device that now weighs 133 grams among other minor spec improvements.

A few of the features shown off were S-Voice, which is like Siri, Scan and Match for Music (iTunes Match), and Airplay-like “AllShare Cast” for streaming content to your HDTV through the AppleTV-like AllShare Cast Dongle.  Samsung also named its iPod nano-like music player “Pebble,” which bears a resemblance to the iOS Kickstarter watch that goes by the same name.

One cool new thing is a face recognition photo app. It lets you instantly send pictures to your friends that it recognizes in your pictures. The S III also has a pop-up player, which is sort of an app version of picture-in-picture that allows you to watch a movie while you switch around to other applications.

Initial reviews seem a little luke-warm on the device. Most call it an incremental update from the S II with new features that also brought some new flaws.

Oh, and Phil Schiller will not like this news: Flipboard for Android is debuting on the S III.

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Following IDC’s report this morning that highlighted Apple’s continued growth among mobile phone marketshare worldwide, while coming second to Samsung in global smartphone marketshare, research firm comScore just released its numbers for United States mobile subscribers for the three-month period ending March 2012.

According to comScore, Apple posted impressive growth during the quarter with 30.7-percent marketshare among smartphone platforms in the U.S (up from 29.6-percent). Increasing from 47.3-percent in December 2011 to 51 percent in March 2012, Android was able to grab the top position for platforms during the quarter. Growth for Android and iOS continues to come at the expense of RIM. The company grabbed just 12.3-percent of the platform market in March, which is down from 16 percent in December 2011. Microsoft also lost marketshare with 3.9-percent, which is down from 4.7-percent…

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Today, research firm IDC published its Q1 2012 report of top mobile phone and smartphone shipments worldwide. While Apple was able to post impressive growth with a high of 8.8-percent of the total mobile phone market (up from 4.6-percent a year ago) and 24.2-percent of the global smartphone market (up from 18.3-percent), Samsung was able overtake Apple for the top spot with a year-over-year change of 267 percent and 29.1-percent of the total smartphone market. Samsung also took the top spot of global mobile phone marketshare from Nokia for the first time since 2004.

Meanwhile, the worldwide smartphone market grew 42.5% year over year in 1Q12, as Samsung overtook Apple for the smartphone leadership position. Vendors shipped 144.9 million smartphones in 1Q12 compared to 101.7 million units in 1Q11. The 42.5% year-over-year growth was 1% higher than IDC’s forecast of 41.5% for the quarter, and lower than the 57.4% growth in the fourth quarter of 2011

In terms of shipments among smartphone vendors, Apple took the second spot behind Samsung up from 18.6 million units in Q1 2011 to 35.1 million in Q1 2012. Apple was only behind Samsung with 42.2 million units shipped, up from just 11.5 million a year ago.

The company does not publicly release shipments from Samsung, and IDC’s number of 42.2 million smartphones shipped during Q1 is significantly more than the 32 million estimated by IHS iSuppli just days ago. If IHS’s estimate were correct, it would put Samsung much closer to the 35.1 million devices Apple confirmed it shipped sold during the quarter.

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Earlier this month, we reported Apple’s CEO Tim Cook and Samsung’s CEO Gee-Sung Choi agreed to an Alternative Dispute Resolution with Judge Lucy Koh in a California district court. The agreement, described as “semi voluntary” by media covering the case, would see the two chief’s and their legal counsels meet within 90 days for court-moderated, patent-related settlement talks. According to a new report from Foss Patents, Magistrate Judge Joseph C. Spero, who is overseeing the settlement talks, has now scheduled the meeting for May 21-22:

The meetings will take place in a San Francisco courthouse, while the litigation itself is before the San Jose division of the court… one of the things Magistrate Judge Spero wants the parties to do is to provide a settlement statement until May 9 including, among other things, “a candid evaluation of the parties’ likelihood of prevailing on the claims and defenses”

Not surprisingly, the mediation and statements submitted by both companies throughout the process will apparently remain confidential. In the report, while noting pending disputes between the two companies exist in as many as 10 countries, Foss Patents broke down how the court’s decisions could impact up to 31 countries:

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UPDATE:  Samsung just officially denied any involvement with the “Wake Up” protest held outside of an Australian Apple Store earlier this week. According to SlashGear, the company stepped forth Friday and denied any ties to the affair: ”Samsung Electronics Australia has nothing to do with the ‘Wake-Up Campaign’.” Read more at 9to5Mac.

Samsung reportedly hired marketing agency Tongue to lead an advertising campaign for its upcoming Galaxy S III launch, and its first demonstration occurred at an Apple Store in Australia earlier this week, but the event resembled more of a protest or call to arms, rather than a promotional stunt.

A mysterious black bus donning the phrase “WAKE UP,” coupled with hordes of chanters waving coordinating signs in the air, roamed through the streets of Sydney on April 22. The show paraded in front of George Street’s Apple store and left the entire city in confusion.

[youtube=http://www.youtube.com/watch?feature=player_embedded&v=Ldq2tNLRDwA]

According to Australian website mUmBRELLA, the staged fuss also boasted a series of billboards posted around the area, as well as “WAKE UP” written on the bottom of Bondi Ice Bergs’ pool, and an equally-mystifying website at wake-up-australia.com.au. The URL is registered to ad agency New Dialogue, which underwent rebranding and now goes by the name “Tongue.”

The website allegedly counts down the Galaxy S III launch, but it is set to end at 3 p.m. May 6. The highly anticipated Android-powered smartphone is the primary rival to Apple’s iPhone, and it is unveiling May 3 in London, so circulating rumors indicate the “WAKE UP” countdown is actually the device’s landing date for Australian markets.

Samsung previously hosted a teaser website at tgeltaayehxnx.com, which is anagram for “the new galaxy,” that also contained a countdown. It redirected users to thenextgalaxy.com when the clock ran out last Monday. Samsung embedded a video on the subsequent page that promised its next Galaxy device will “stand out from everyone else” while depicting a slew of sheep in a field for the closing frame. The imagery and language is a definite jab at iPhone users, who are often mocked as “iSheep,” over speculation that they blindly follow Apple.

[youtube=http://www.youtube.com/watch?feature=player_embedded&v=8NnVU8R6mAU]

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With court moderated settlement talks between Apple and Samsung executives set to take place within the next 90 days, Samsung has now filed a counterclaim in a California federal court alleging Apple’s iOS devices are infringing eight patents. The counterclaim is part of an original patent infringement lawsuit initiated by Apple in February. Foss Patents reported:

It comes as no surprise that Samsung retaliated with infringement claims. Samsung owns roughly 30,000 U.S. patents. It has from the outset of its dispute with Apple demonstrated its belief that a good offense is the best defense. So far, none of Samsung’s infringement claims against Apple has succeeded anywhere on Earth, despite efforts in nine different countries, but Samsung keeps on fighting.

Apple is also in the middle of patent infringement cases with HTC, which just told a court in London that its touchscreen devices, specifically its “slide-to-unlock” functionality, do not infringe on Apple’s patents. Bloomberg reported today that HTC’s lawyers described the functionality in question as “extremely simple implementations of commonly known techniques.” Apple’s lawyer Simon Thorley argued HTC is “attacking the validity of four patents” and claimed, “It is clear the inventions make the requisite contributions.”

If HTC is successful, it could have an impact in ongoing patent infringement related cases with Apple in Dutch and German courts. The report described the functionality Apple claims is covered in the patents:

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According to a report from Foss Patents (and confirmed by Reuters), Apple Chief Executive Officer Tim Cook and Samsung Chief Executive Officer Gee-Sung Choi will meet within the next 90 days for settlement talks over ongoing patent disputes. Judge Lucy Koh, who is presiding over the two cases in California, initiated the meeting after ordering the companies to submit their CEOs and legal counsels to an Alternative Dispute Resolution.

“As directed by the Court, Apple and Samsung are both willing to participate in a Magistrate Judge Settlement Conference with Judge Spero as mediator. At Apple, the chief executive officer and general counsel are the appropriate decision-makers, and they will represent Apple during the upcoming settlement discussions. At Samsung, the chief executive officer and general counsel are also the appropriate decision-makers, and they will represent Samsung during these settlement discussions.”

The report called the talks “semi-voluntary,” because the companies did not have to submit to the Alternative Dispute Resolution. However, as pointed out by Foss Patents, “if only one of them had made the CEO available, the other one would have appeared to be less than constructive.” Apple and Samsung executives will meet in San Francisco with U.S. Magistrate Judge Joseph C. Spero sometime over the next three months:

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Following Nielsen’s latest survey that showed over 90 percent of United States smartphone buyers are choosing iOS or Android, research firm comScore today released its data of the top smartphone platforms and OEMs in the U.S. The survey included more than 30,000 people over a three-month period ending February 2012. It found Android was up 17 percentage points from a year ago with 50.1-percent of the U.S. smartphone market. In comparison, Apple’s 30.2-percent accounted for an increase of 5 percentage points from the same period a year ago.

According to comScore, Google passed the 50 percent milestone for the first time during February 2012. The numbers represent a 3.2-percentage point increase over previous three-month period for Google, and a 1.5-percentage point increase for Apple.

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[youtube=http://www.youtube.com/watch?v=oOO3EZ8Fy6U&feature=youtu.be]

Nokia is going after iPhone and Android owners with its new Smartphonebetatest.com campaign starring former Saturday Night Live star Chris Parnell. While the “beta” name certainly rings Android devices, it seems that Nokia is hitting at iPhone owners too.

It even resurrect the old death grip issue and more, below:

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The Korea Times reports that Apple may consider moving its displays over to OLED from LCD. Samsung, Apple’s biggest display provider, is ramping up OLED production to the point where it could meet Apple’s demand numbers.

Thanks to the increased volume, chances have been raised to ship Samsung’s OLEDs for Apple’s iPads and even iPhones, said unnamed Samsung executives on the condition of anonymity.

`So far, Apple has questions over an output commitment and product volume as Samsung’s OLED business isn’t on full track. But chances have risen to break the wall,’’ said one Samsung executive.

Apple is Samsung’s biggest customer, buying $7.8 billion of components such as memory chips and LCDs in 2011. This year, it will buy around $11 billion of Samsung parts despite the deepening legal battle between the two companies.

Apple is using LCDs in most of its i-branded products. It’s known that Apple previously denied Samsung’s offer to use OLEDs as the American firm believes OLEDs have some “technological problems.’’

Apple spokesman Steve Park declined to comment.

I am sure Apple’s display requirements are not just demand-based. Those “technical problems” mentioned above likely include “Retina”-type pixel density resolutions and similar color accuracy of LCD. While OLED displays are often impressive to look at, sometimes they are oversaturated in color. Moreover, I have never heard of a model that nears 300PPI.

(Samsung Flexible Super AMOLED Display Pictured)
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At the launch of Apple’s third-gen iPad, the company’s Marketing Chief Phil Schiller claimed the device’s new A5X processor with quad-core graphics provided up to 4x the graphics performance of NVIDIA’s Tegra 3 chip. Schiller also claimed the new chip provided 2x the graphics performance of the iPad 2’s A5 chip. NVIDIA was skeptical of the benchmark data behind the claims, but early benchmarks seemed to show A5X outperforming a Transformer Prime running Tegra 3 in the majority of tests.

New benchmark data provided by IGNshows the iPad 2’s A5 chip outperforming both the A5X and Tegra 3 with the A5X’s improved graphics going largely toward powering the new iPad’s high-resolution Retina display of 3.1 million pixels. The A5X shows a significant increase in performance over iPad 2 and Tegra 3 devices only when the chip is not forced to power the Retina display in “off-screen” benchmarks.

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Bloomberg quotes a Gartner analyst:

“I don’t expect Apple to replace Samsung any time soon,” Gartner analyst Sandy Shen said in an interview. “China Telecom [story] is the nation’s smallest carrier, so the extent to which they can help Apple is quite limited.”

The 16.8 percentage-point gap in China between Cupertino, California-based Apple and Samsung almost doubled from the third quarter. While Samsung is No. 1 and Apple No. 5 in China, the global story is different: Worldwide, Apple passed its Suwon, South Korea-based competitor to become the biggest smartphone vendor in the fourth quarter, according to Gartner.

When you consider that the iPhone is not yet made for China’s dominant carrier, which holds two-thirds of a BILLION customers, the news that Samsung is gaining market share on Apple is not surprising (15 million iPhones ride on incompatible China Mobile).

I will be surprised, however, if Apple does not close the gap next year. The sixth-generation iPhone will almost certainly work on China Mobile’s network.
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Image via Flickr user Glen Engel-Cox

Apple may not be hosting a temporary store this year at SXSW in Austin, Texas, but it is investing $304 million to increase its presence in the state by up to 3,600 employees. According to a statement from the State of Texas and Gov. Rick Perry, Apple’s new Austin campus will “double the size of Apple’s workforce” in the state for customer support and other administrative positions over the next decade. In exchange, cash-strapped Apple will benefit from $21 million over 10 years through the Texas Enterprise Fund. While it is mainly administrative positions mentioned in the statement, we reported in December that Samsung’s new $3.6 billion factory in Austin is now producing almost only Apple’s A5 chip for iPhone 4S and iPad 2. Gov. Perry said the following about today’s announcement:

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Following a report from Bloomberg in December featuring advice from analysts, we asked you if Apple should settle for up to a $10 royalty per Android device and not keep paying its lawyers to fight patent disputes. Today, Dow Jones Newswiresreports that Apple is interested in seeking settlements. According to the report, Apple “indicated a willingness to cut deals with competitors,” including Motorola and Samsung:
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The iPad 3 is going to look a lot like iPad 2—until you turn it on, that is. If the purported iPad 3 front glass spy shot on the right is an indication, the third-generation iPad (rumored for the March 7 unveiling) will sport almost identical appearance to its predecessor. Discovered by Apple.pro, a usually reliable source for Apple hardware rumors, the front glass part shows literally the same 9.7-inch size and shape as the iPad 2, even down to the home button and the round bezel. Compared to the iPad 2 digitizer assembly seen below, iPad 3 clearly has a longer ribbon cable going all the way to the side of the display. Apart from this aspect, the iPad 3’s front is mostly indistinguishable from iPad 2. It is widely assumed the iPad 3 will rock a 2,048-by-1, 536 pixel resolution display, and a set of manufacturing spy shots suggest that—surprisingly—Samsung is manufacturing those high-resolution displays and not Sharp or LG Display, as previously thought.

As Apple does not keep all its eggs in the same basket, the company could (and probably will) source iPad 3 panels from multiple suppliers. Interestingly, Samsung’s board of directors approved plans today to spin the company’s LCD display business into a new entity. The wholly owned subsidiary of Samsung Electronics, the new company is now called Samsung Display Company and it will merge with Samsung Mobile Display and S-LCD to improve competitiveness. The South Korean consumer electronics conglomerate said in a statement: “The display market is undergoing rapid chances with OLED panels expected to fast replace LCD panels to become the mainstream.”

Now, some media outlets speculate Apple will make a mistake by advertising iPad 3 as Retina-capable, arguing a 2,048-by-1, 536 display does not meet Apple’s Retina specifications. We deconstruct this myth right after the break.

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While Samsung does not think Apple can compete in the television market (and it is not alone), the company is moving aggressively to win over Apple’s fan base with the now infamous ‘Samsunged’ campaign— a cornerstone of the South Korean conglomerate’s communications strategy. So, who is behind those pesky adverts? Director Bobby Farrelly, who is the brother of movie director Peter Farrelly of the “There’s Something About Mary,” “Dumb and Dumber” and “Kingpin fame.”

However, it was Samsung’s ad agency 72andSunny that hired Farrelly to film a series of anti-Apple adverts depicting bored Apple fans waiting in line for a new iPhone. The mocking began last November and culminated with a 90-second Super Bowl commercial for the 5.3-inch Galaxy Tab device with a stylus. An interesting profile by AdWeek revealed some of the secrets and tactics marketers use to talk iPhone fans into considering Samsung products for their next gadget.

Click here for key takeaways.

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