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Apple not allowed to add Galaxy S4 in ongoing Samsung dispute, plans to file new lawsuit

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Back in May, Apple was attempting to add Samsung’s flagship Galaxy S4 as an infringing device in its ongoing, second major patent dispute with Samsung in California. It was also claiming that Samsung infringed two Siri related patents with the device’s Google Now voice assistant feature. Now, according to a report from Bloomberg, Apple has been denied its request to add the device with  U.S. Magistrate Judge Paul S. Grewal claiming it would be a “a “tax on the court’s resources”:

Adding another product to the case is a “tax on the court’s resources,” Grewal said in the ruling. “Each time these parties appear in the courtroom, they consume considerable amounts of the court’s time and energy, which takes time way from other parties who also require and are entitled to the court’s attention.”

Apple lawyer Josh Krevitt claims that denying to add the device in the ongoing patent suit would force Apple to “‘file a new lawsuit’ because the Samsung products covered by the case will be out of date by trial next year.” 
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Apple claims Google Now infringes Siri patents as it adds Galaxy S4 to ongoing Samsung patent suit

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Earlier this month we noted that Apple was asking courts to add the Galaxy S4 as an infringing device in its ongoing patent dispute with Samsung in California. Now, Apple has officially filed a motion (via FossPatents) outlining five patents infringed by the Galaxy S4 and another two Siri related patents infringed by the device’s Google Now voice controlled search feature.

Apple had previously claimed that the Android Google search box feature on Samsung devices infringed the same patents, but is now moving to have Google Now included alongside the S4. Excerpt from Apple’s filing below:
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Apple seeks to add Galaxy S4 to ongoing Samsung patent suit in California

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Galaxy-S4-Samsung

In its ongoing second major patent trial against Samsung, Apple yesterday filed a statement with the US District Court in California claiming that after examining the recently released Galaxy S4 it has “concluded that it is an infringing device and accordingly intends to move for leave to add the Galaxy S4” to its long list of 22 infringing products. Apple is hoping Judge Lucy Koh allows the S4 to be added, but in line with the court’s request to reduce the number of infringing devices ahead of a trial scheduled for spring 2014, Apple has also agreed to remove without prejudice one of the other 22 infringing devices from Samsung it currently has listed.

Apple’s current list of infringing Samsung products include Admire, Captivate Glide, Conquer 4G, Dart, Exhibit II 4G, Galaxy Nexus, Galaxy Note, Galaxy Note 10.1, Galaxy Note II, Galaxy Player 4.0, Galaxy Player 5.0, Galaxy Rugby Pro, Galaxy SII, Galaxy SII Epic 4G Touch, Galaxy SII Skyrocket, Galaxy S III, Galaxy Tab 7.0 Plus, Galaxy Tab 8.9, Galaxy Tab 2 10, Illusion, and Stratosphere.

The filing also highlights a disagreement in which Samsung believes each carrier variant of a specific device should be counted separately. For example, “the Galaxy Nexus activated on Sprint must be counted separately from the Galaxy Nexus activated on Verizon; and the Galaxy Nexus operating on Sprint running Android version 4.0 must be counted separately from the Galaxy Nexus operating on Sprint, but running Android version 4.1.” Apple, however, claims that Samsung has not itself applied this logic:
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Apple is again sending around updated brochures to Cupertino residents on upcoming Campus 2 project

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Last May, after some residents voiced concern about Apple’s planned Spaceship Campus 2 project, Apple CFO Peter Oppenheimer sent out a brochure/mailer to local residents, hoping to alleviate concerns about the huge new office building and surrounding Campus 2.

apple_campus_2_apr13_mailer_2
Click to enlarge, via Macrumors

Apple last week updated its Campus 2 plans with the inclusion of walk and bike trails and other specifics on the land use. As Macrumors notes, Cupertino residents have begun receiving updated mailers with the new updated information and focused on the positive environmental impact the buildings will have.

At Apple, the environment is a top priority, and we’ve designed Apple Campus 2 with cutting-edge features to make it energy-efficient and environmentally sustainable. Several of these green technologies are highlighted in this update.

As at our existing campus on Infinite Loop, we are committed to 100% renewable energy to power Apple Campus 2. This will include onsite generation from photovoltaics and fuel cells. As part of this effort, approximately 8 megawatts of photovoltaics will be installed, creating one the largest installations of its kind on a corporate campus anywhere in the world.

Apple started in Cupertino, and we are excited to continue to grow here. As we build the new campus, we also plan to invest in new roadways and intersection improvements, add new sidewalks and better bike lanes, and plant new trees in newly created medians in the surrounding neighborhood.

Find Steve Jobs’ original Campus 2 submission to the Cupertino City Council video below:
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Police arrest Polish gypsy crime ring targeting Apple/electronics stores responsible for $3M in loot

Polish-Gypsy-Theives-Apple-Store

SiliconValley.com reported police in Torrance, Calif. have arrested four suspects claiming to be part of a “Gypsy family” from Poland that is responsible for targeting Apple retail stores and other electronics retailers across the country. The group is accused of stealing around $3 million in property over the last year, and police have so far recovered more than $20,000 worth of Apple products:

The suspected thieves arrested March 8 in Hawthorne are believed responsible for 17 crimes at Apple (AAPL) stores in Manhattan Beach, Pasadena, Canoga Park, Glendale, Brea, Newport Beach, Costa Mesa and Irvine, along with a MacMall in Torrance, a Microsoft store in Mission Viejo, and other businesses across Los Angeles and Orange counties, including Best Buy, Costco, PetSmart, Sam’s Club, Sports Authority and Wal-Mart, Torrance police Sgt. Robert Watt said.

During the crime and others like it, the men would stand in a position to block employees from seeing the women behind them. The men selected items from shelves and passed it to the women, who would hide it inside their oversized dresses and overcoats, and purses, Watt said.

Once the suspects were arrested, police recovered more than $20,000 worth of Apple products, Watt said.

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Court again rejects Apple’s attempt at Samsung Galaxy Nexus sales ban

Reuters reported today that a U.S. Federal Circuit Court of Appeals in Washington rejected Apple’s attempt to get a sales ban on Samsung’s Galaxy Nexus. Apple asked the court to revisit a previous decision to reject the company’s request for the sales ban leading up to a full trial set for March 2014. The case involved patents not included in the California trial that awarded Apple a $1.05 billion verdict against Samsung.

Apple wanted the full Federal Circuit of Appeals, made up of nine active judges, to reverse the earlier ruling. But in a brief order on Thursday, the court rejected Apple’s request without detailed explanation or any published dissents… Several experts had believed that Apple faced long odds, as the legal issues in play were not considered controversial enough to spur full court review.

Reuters noted that Apple could still appeal the decision to the U.S. Supreme Court:

Apple could still appeal to the U.S. Supreme Court. However, the high court has made it more difficult for patent plaintiffs to secure sales injunctions in recent years.

Apple lists Quanta Computer in Fremont California as Final Assembler for Macs

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In a recent update to its supplier responsibility pages, Apple has listed Quanta Computer USA as a final assembler of its Macs.

Final Assembly Facilities

These are facilities where Apple products are assembled and packaged for distribution.

One of the locations of Quanta’s final assembly is 44350 Nobel Drive Fremont, Calif., indicating that some Macs are or will be built in the facility.

Screen Shot 2013-01-25 at 9.42.00 AM.

Apple CEO Tim Cook noted in an interview with NBC’s Brian Williams late last year that Apple would invest $100 million to move at least one of its product lines to the United States. Quanta has assembled Macs for Apple for a long time in Asia.

Fremont may sound familiar, because we recorded more than a few of the new iMacs originated from Fremont after the November launch. These iMacs were delivered via FedEx and had the ‘Assembled in the USA’ moniker not only on the package but also on the actual machines. It now appears that Apple is confirming these products are indeed being assembled in Fremont.

Quanta, it should be noted, has U.S. assembly plants in both California and Tennessee. Previous package slips and Origin labels below.


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Apple leases another 69,031 sq ft of office space in Cupertino and Santa Clara

According to a report from the Silicon Valley BizBlog, Apple picked up more real estate in and around Cupertino, Calif., after scooping up over 315,000 sq. ft. of office space in Sunnyvale in January. Apple signed leases for two new buildings: a 57,479-square-foot building at 5425 Stevens Creek Blvd. in Santa Clara, and a 11,552 square-foot building in Cupertino. Like its other recent leases, it is possible Apple might only use these buildings temporarily until its new Spaceship campus is ready.

Apple loses appeal over tablets in UK courtroom, must publicly apologize to Samsung

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Apple and Samsung’s legal fight continued on the world stage this morning, where the Britain Court of Appeal upheld a previous ruling that Samsung’s Galaxy Tab does not infringe on the iPad’s patents because it is not “as cool.” Reuters reported that after losing the appeal this morning, Apple has been instructed by the court to apologize to Samsung by running ads on its website and in newspapers saying Samsung did not infringe on patents in at least Arial 14 font.

As we all know, other courts around the world have ruled otherwise. On the ruling, Samsung gave the boilerplate: “We continue to believe that Apple was not the first to design a tablet with a rectangular shape and rounded corners.” A California court ruled this summer that Samsung owes $1 billion to Apple. Additionally, some of Samsung’s devices could be in jeopardy from being on the market.

Today’s ruling in Europe prohibits any other legal course regarding tablets and the iPad specifically. While the Court of Appeal denied Apple’s appeal today, the company can still appeal with the Supreme Court. The global legal battle is far form over, as it continues in roughly a dozen countries, with more trials scheduled for 2014. 
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Apple poaches top Samsung chip designer for its staff

The Wall Street Journal reported that Samsung chip designer Jim Mergard has left the South Korean-based company to work for Apple. According to the report, Mergard’s duties before his short stint at Samsung were to lead the development of a “high-profile AMD chip that carried the code name Brazos and was designed for low-end portable computers.”

Mergard’s work at Samsung was rumored to be focused on building ARM chips for servers. It would be interesting to see Apple pick up this capacity.

Apple and Samsung have an intense rivalry in the smartphone space, but Samsung produces all of Apple’s Ax processors. Samsung opened a factory in Austin, Texas just last year that is responsible for making chips to power Apple’s iOS devices.


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Laurene Powell Jobs to be appointed on Stanford University’s Board Of Trustees

TechCrunch reported that Steve Jobs’ widow, Larene Powell Jobs, would be appointed on Stanford University’s Board of Trustees later this afternoon. Powell Jobs is known for her work in the education field and is a graduate of Stanford University, where she got her MBA in business in 1991.

Stanford is the place where the couple met just after he gave a talk in one of her business classes in 1991. The Jobs’ family has strong ties to the university, which led to Jobs’ famous 2005 Stanford graduation commencement speech, as seen below.

Given Powell Jobs’ work in the education field, it makes sense for her to join the board. She has been involved with College Track, where she serves as the president of the board, and her other education duties include non-profit work like being the founder and chair of Emerson Collective.

Powell Jobs will join the ranks of 32 other board members, which includes Apple’s creator of the retail store and genius bar, Ron Johnson. He recently left Apple in November 2011 to join J.C. Penny as its CEO.

Congrats! [TechCrunch]

[youtube=”http://www.youtube.com/watch?v=UF8uR6Z6KLc”]

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You’ve seen Apple’s internal memo to employees on the verdict, now here’s Samsung’s

We were the first to deliver Tim Cook’s internal memo on Apple’s trial victory.  Here’s the other side of the coin:

[Internal Memo] Regarding the Jury Verdict in California

On Friday, August 24, 2012, the jury verdict in our trial against Apple was announced at the US District Court for the Northern District of California. The following is an internal memo that reflects Samsung’s position regarding the verdict:

We initially proposed to negotiate with Apple instead of going to court, as they had been one of our most important customers. However, Apple pressed on with a lawsuit, and we have had little choice but to counter-sue, so that we can protect our company.

Certainly, we are very disappointed by the verdict at the US District Court for the Northern District of California (NDCA), and it is regrettable that the verdict has caused concern amongst our employees, as well as our loyal customers.

However, the judge’s final ruling remains, along with a number of other procedures. We will continue to do our utmost until our arguments have been accepted.

The NDCA verdict starkly contrasts decisions made by courts in a number of other countries, such as the United Kingdom, the Netherlands, Germany, and Korea, which have previously ruled that we did not copy Apple’s designs. These courts also recognized our arguments concerning our standards patents.

History has shown there has yet to be a company that has won the hearts and minds of consumers and achieved continuous growth, when its primary means to competition has been the outright abuse of patent law, not the pursuit of innovation.

We trust that the consumers and the market will side with those who prioritize innovation over litigation, and we will prove this beyond doubt.

If, when you read “History has shown there has yet to be a company that has won the hearts and minds of consumers and achieved continuous growth, when its primary means to competition has been the outright abuse of patent law, not the pursuit of innovation.” you thought “Microsoft!”, you are not alone.
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More alleged iPhone 5 parts leak out of China, shows new nano-SIM card once again

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According to a new report from French publication Nowhereelse.fe and Chinese forum iColorOS, more sixth-generation iPhone parts have surfaced from China. As you can see above, we now have a look at the alleged glass front, home button, sensors, volume control buttons, and the protection element placed on the back of the phone screen that may appear in the next iPhone. The leak also adds a bit more validity to a report earlier this week that showed a new nano-SIM card and smaller home buttons for the device.


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Samsung Chief Product Officer talks patent wars and rectangles

After execs from both companies could not come to terms in an attempt to settle, both Samsung and Apple take the stand in a San José, Calif., court room this week. Apple and Samsung will face off for allegedly stealing each other’s patents. Apple also claims that Samsung’s Galaxy devices “slavishly” copied its beloved iPhone and iPad. The same type of trial already played out in many countries across the pond. It will be interesting to see where this all goes, especially after the injunctions against Samsung’s products we have already seen.

Samsung Chief Product Officer Kevin Packingham recently sat down with the folks at Wired to answer a few questions on the recent legal matters, shedding more light on Samsung’s view of the whole legal fiasco. First off, Packingham answers a question regarding the separation between Samsung’s component business that supplies necessary parts to Apple and the product team that Apple thinks is a bunch of copycats. Packingham answered: “There are times when I’m absolutely appalled that we sell what I consider to be the most innovative, most secret parts of the sauce of our products to some other manufacturer — HTC, LG, Apple, anybody…But you know, we also use Qualcomm components, and we source from other component manufacturers as well.”

Apple, of course, gets a ton of parts from Samsung, and it even partnered with Samsung on a factory in Texas to make A4 and A5 chips for the iPhones and iPads.


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Samsung says Apple stole iPhone design from Sony

With Apple and Samsung’s jury trial slated to kick off in a federal district court in San Jose, Calif., this Monday, AllThingsD points us to trial briefs where Samsung’s lawyers argued Apple’s inspiration for the original iPhone CAD drawings and designs were inspired by a Sony product:

Right after this article was circulated internally, Apple industrial designer Shin Nishibori was directed to prepare a “Sony-like” design for an Apple phone and then had CAD drawings and a three-dimensional model prepared. Confirming the origin of the design, these internal Apple CAD drawings prepared at Mr. Nishibori‘s direction even had the “Sony” name prominently emblazoned on the phone design, as the below images from Apple‘s internal documents show..

Soon afterward, on March 8, 2006, Apple designer Richard Howarth reported that, in contrast to another internal design that was then under consideration, Mr. Nishibori‘s “Sony-style” design enabled “a much smaller-looking product with a much nicer shape to have next to your ear and in your pocket” and had greater “size and shape/comfort benefits.” As Mr. Nishibori has confirmed in deposition testimony, this “Sony-style” design he prepared changed the course of the project that yielded the final iPhone design.

The article referenced above is from a 2006 interview with Sony designers that appeared in Businessweek.

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Apple granted stay on posting Samsung ads on its site and newspapers

9to5Mac reported earlier this month that a U.K. Judge ruled Apple must publicly state Samsung did not copy the iPad design, but a London court ordered a stay today until the company’s appeal is heard this fall.

According to Bloomberg

  • Apple Inc. won’t immediately have to publish a notice on its U.K. website that Samsung Electronics Co. didn’t copy its iPad tablet, a London court ruled today.
  • Apple was ordered earlier this month to put a note on its U.K. site and buy advertisements in British newspapers to alert customers to a court ruling that Samsung hadn’t copied the iPad’s design. Cupertino, California-based Apple appealed saying it didn’t want to advertise for its rival. The order is stayed until its appeal against the ruling is heard in October.

Apple’s public statements, if the appeal is rejected, will appear as a message on its website and in British newspapers.


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Here’s Ashton Kutcher playing Steve Jobs on Acid [Photos]

French website Premiere (via DailyMail) just posted a few pictures of Ashton Kutcher acting like Steve Jobs under the influence of LSD during a scene shoot for the upcoming biopic on the late Apple co-founder.

The actor appears delirious and euphoric with his arms outstretched while in the grassy California field. Jobs confessed on many occasions that the effects of LSD inspired him and served as one of the “most important experiences” of his life.

Here is a clip from “Pirates of Silicon Valley,” where Noah Wyle also portrays Jobs high on Acid:

[youtube=http://www.youtube.com/watch?v=5EIu21QPQMc&feature=player_embedded#]


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Apple’s lawyers threaten Samsung with temporary restraining order to stop Galaxy S III sales

Last time we checked in on the ongoing U.S. patent-related court cases between Apple and Samsung, Apple’s lawyers were requesting to add the Galaxy S III to its previous motion for a preliminary injunction against the Galaxy Nexus line of products from February.

Apple was hoping the courts would agree to withhold sales of the S III until a ruling on the preliminary injunction was made. Samsung recommended the judge dismiss Apple’s request and file a new motion, but Apple attorney Josh Krevitt threatened Samsung at a hearing on Thursday that Apple could file a temporary restraining order as early as today to stop sales of the S III before it launches June 21. Bloomberg reported:

Josh Krevitt, a lawyer for Cupertino, California-based Apple, told Koh he was considering filing a request for a temporary restraining order in the interest of blocking sales of the Galaxy S III before its scheduled release in the U.S. this month… Krevitt said a court order temporarily barring Galaxy S III sales in the U.S. will create “a mechanism to allow the court to decide this issue before the launch.”

First Samsung will have to prove in court today that the Galaxy S III includes a “different combination of features” from the Nexus in order to prevent Apple from adding the device to the previously requested preliminary injunction. According to Bloomberg, Samsung lawyer Bill Price claimed: “Apple’s urgency stems from its inability to “compete against the new features” of the Galaxy S III, and the company is trying to “prevent a phone from getting to the public that is better than Apple’s in many, many respects.”

Reuters noted that several Google attorneys attended Thursday’s hearing. If Apple files for a temporary restraining order, the scheduled July 30 trial date would likely be delayed. Apple is also trying its best to kill HTC.

 

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Apple seeks US preliminary injunction against Samsung’s Galaxy S III

Apple put forward a second California litigation against South Korea-based Samsung earlier this week when it sought the court’s consent to add the Android-powered Galaxy S III smartphone to its motion for a preliminary injunction against the Galaxy Nexus.

According to FOSS Patents:

Apple made this move approximately 20 hours after I wrote about the Galaxy S III being “the obvious next target”. In my blog post I speculated that Apple might bring a preliminary injunction motion against it, possibly after awaiting tomorrow’s preliminary injunction hearing. Apple decided to forge ahead now. Apple is on the offensive against Android. Earlier this week it filed an ITC complaint requesting an immediate import ban of 29 allegedly-infringing HTC devices. There’s an important overlap: the “data tapping” patent that Apple is seeking to enforce against HTC’s current generation of products is one of two patents Apple is using against the S III.

Apple purchased the S III in the United Kingdom, where Samsung launched it on May 29. The U.S. launch date is June 21 — precisely two weeks after the preliminary injunction hearing.

Apple’s motion notes that “[a]ccording to press reports, Samsung has already sold over nine million preorders of the Galaxy S III; indeed, the Galaxy S III has been reported to be the most extensively preordered piece of consumer electronics in history.”

Apple filed the first preliminary injunction motion against the Galaxy Nexus in February over four disputed patents. The Cupertino, Calif.-based Company’s requested in its latest motion that Samsung withhold the launch of the device’s successor in the United States until the court rules on the preliminary injunction request.

Samsung replied to the motion this afternoon, contending Apple cannot continue to add to its record for the Galaxy Nexus:

“If Apple wishes to seek an injunction against the Galaxy S III, the Court should require Apple to file a new motion and allow the parties to develop a full factual record on all four factors. Accordingly, the Court should reject Apple’s motion to amend its current notice of motion for a preliminary injunction.”

This article is cross-posted at 9to5Google.


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Apple faces delays in bid for sales bans in German Motorola case and US Galaxy Tab case

According to two separate reports today, Apple is once again facing roadblocks in its attempt to win sales bans in a patent-related litigation with Samsung and Motorola.

The first report comes from Bloomberg about a court in Dusseldorf, Germany, which said Apple would likely lose its bid for an injunction on Motorola’s Xoom tablet in the country:

The German court that banned Samsung Electronics Co.’s Galaxy 10.1 tablet sales last year is unlikely to grant Apple the same victory against Motorola Mobility’s device, Presiding Judge Johanna Brueckner-Hofmann said at a Dusseldorf hearing. The assessment is preliminary and may change after today’s arguments are reviewed. A ruling is scheduled for July 17… “We don’t think someone sits in a coffee house using the Xoom and hopes other people will think he owns an iPad,” Brueckner-Hofmann said.

The second report is related to the ongoing United States Samsung/Apple patent case. Today, CIO claimed Apple’s request to ban Samsung’s Galaxy Tab 10.1 was delayed due to a judge in California telling the court it will hold off on a ruling:

Apple’s bid to get a ban on sales in the U.S. of Samsung’s Galaxy Tab 10.1 tablet has been delayed after a federal court in California said on Monday it could not rule right away on Apple’s request for a preliminary injunction, while the matter is before an appeals court… The judge said Apple can renew its request for a preliminary injunction once the appeal court issues its ruling.

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Cook: Apple is considering killing off Ping, admits it has to be more social

While agreeing that Apple has to do more social network-type features, CEO Tim Cook noted at the D10 conference in California tonight that the company will consider killing the Ping social network feature baked into iTunes due to a lack of interest among users. He did mention that social has to be a focus despite Apple not necessarily having to own a social network, and he noted upcoming Twitter, Game Center, and iMessage integration in Mountain Lion bring new social elements:

What happened to Ping?

Cook: Apple doesn’t have to own a social network, but does Apple have to be social? Yes…You’ll see us integrate Twitter into the Mac OS as we introduce Mountain Lion. Game Center and iMessage could be thought of as social… We tried Ping and I think the customer voted and said this isn’t something that I want to put a lot of energy into… Will we kill it? I don’t know. We’ll look at that.

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Tim Cook hints at improvements to Siri in coming months, says ‘We have a lot that Siri can do’

Some more noteworthy comments from Apple’s CEO Tim Cook coming out of tonight’s interview with Walt Mossberg and Kara Swisher at D10 in California. We just heard Cook’s thoughts on deeper Facebook integration and Apple TV sales, and a few moments ago he hinted improvements to Siri will arrive “over the coming months.” He also noted that there is “a lot that Siri can do,” and he said they are doubling down on the tech with “a lot of people working on it.”

“I think you are going to be really pleased with where we take Siri.”

Cook’s comments via The Verge:

Customers love it. It’s one of the most popular features of the 4S. But there’s more that it can do, and we have a lot of people working on it. And I think you’ll be really pleased with some of the things coming over the coming months. The breadth of it. We have a lot that Siri can do… That’s what I’m talking about. People have dreamed of this for years, and it’s here. Yes it could be broader, but Siri as a feature has moved into the mainstream. So I think you’re going to be really happy with where it’s going. We’re doubling down on it.

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Tim Cook: We’ve sold 2.7M Apple TVs this year

Live from the D10 conference in California, Apple’s CEO Tim Cook just noted onstage that the company sold 2.7 million Apple TVs in just the first few months of this year. The last time we received official numbers from Apple, it reported 1.4 million units for Q1 and sales of just 2.8 million for the entire previous year, which means Apple is on track to double its Apple TV sales this year. Cook’s comments, as reported by The Verge:

Tim: You know, very uncharacteristic of us, we’ve stayed in the Apple TV product. We’re not a hobby kind of company as you know. Our tendency is to do very few things. And, if something creeps in and isn’t a big success, we get it out of the way and put our energies on something else. Apple TV though, you see what we’ve done. We’ve stuck in this. It’s not a fifth leg of the stool. It’s not the same size as the phone or Mac or tablet business. But last year we sold a little less tan 3m Apple TVs… This year, just in a first few months, we’ve sold 2.7m… This is an area of intense interest for us…

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