Apple

Nearly three years after the device first launched, GigaOm points us to a recently filed class action lawsuit that claims Apple’s iPhone 4 has a defective power button. The lawsuit claims that a defective flex cable typically causes the on/off switch to fail shortly after the device’s one year warranty has expired. It also claimsApple is aware of the problem, which is costing users around $149 to fix off of warranty.

Apple of course still sells the iPhone 4 through a number of carrier partners as its low end, $0 down iPhone option.

According to the lawsuit, “thousands of iPhone 4 users have suffered” from the issue that Apple allegedly knew existed before manufacturing and selling the device. The problem has never received a lot of mainstream media coverage or a response from Apple, but the lawsuit notes that a support forum on Apple’s website boasts over 800K views since first popping up in January 2011.                                                                                                        

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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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Amazon today released an iPhone version of its Amazon Cloud Drive Photos mobile app that it originally launched on Android only back in November. Amazon;’s Cloud Drive Photos app for iPhone, like the Android version, will allow users to back up and view photos to their Amazon Cloud Drive accounts. Up until today, iOS device users have only had access to Amazon’s Cloud Player app for streaming music stored in an Amazon cloud account.

The app provides everything a user might need to ditch Apple’s less than perfect iCloud Photostream feature, including the ability to automatically save photos taken on your iPhone to Cloud Drive, access your entire Cloud Drive photo collection from any device, and easily share through social networks.

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Since we’ve posted our exclusive details on what Apple and Jony Ive has in store for iOS 7, there have been a ton of great concepts popping up that take into account the company’s new “very flat” approach to redesigning the OS. The first concept, above, comes to us from Simplyzesty.com’s  art director Philip Joyce who has imagined a flat iOS including a new look for Siri and the lock screen, a customizable home screen, and redesigned icons that all take the “flat” approach to heart.

Another new concept for iOS 7 was posted today by apfelpage.de, below, that shows off a flat look for shortcuts, a new multitasking experience, widgets, and much more:
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[youtube=http://www.youtube.com/watch?v=u4AXaFlIFQA&start=29]

“It’s like giving a glass of ice water to somebody in hell”

That’s what Steve Jobs said of iTunes for Windows when asked why Apple made its software for competing Microsoft users in 2007.

But times have changed. Apple continues to make/support iTunes for Windows desktop computing environments, but it doesn’t need Microsoft’s outlier tablet users who now represent the third largest share of tablet OS behind iOS and Android (by the way, don’t expect iTunes for Android any time soon either).

In fact, the iTunes ecosystem is a competitive advantage as Apple sells its iOS tablets, smartphones and TVs against Android and now Windows 8 devices. Where Windows dominated the userbase in the early 2000s, Apple now is the leader in the current ecosystem race.

That’s why it comes as no surprise that Microsoft’s Windows division CFO Tami Reller is telling folks not to expect a Windows 8 ‘Metro’ iTunes app:

“You shouldn’t expect an iTunes app on Windows 8 any time soon,” said Tami Reller, chief financial officer of Microsoft’s Windows division. “ITunes is in high demand. The welcome mat has been laid out. It’s not for lack of trying.”

It should be noted that Microsoft has been dragging its feet in delivering the once ubiquitous Office Suite of applications for iOS which is now letting competitors (Like Pages/Numbers/Keynote and Google Apps) thrive on the now dominant iOS and Android touch platforms.
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As we reported last week, AT&T today launched its new pre-paid wireless MVNO called Aio Wireless with the iPhone 5 on offer, front and center. Currently, the service is only available in Houston, Orlando and Tampa but it is expected to roll out nationally over the coming months.

The company will offer 4 plans: Aio Basic, Smart and Pro phone plans at $35-40 for 250MB, $55 for 2GB and $70/month for 7GB data respectively. Each plan will shift to lower speed data after data is used up and also offers unlimited calls and text on AT&T’s network. They will also offer a tablet plan that starts at $15/month for 250MB.

The MVNO will carry Android, Windows and Apple smartphones including iPhone 4S for $499 and iPhone 5 for $649 without subsidy. They also cap 4G data at 4Mb/s so LTE speeds shouldn’t be expected.

Clearly this, as well as Verizon’s upcoming MVNO-like service, will address the competition from T-Mobile and other pre-paid carriers.

Press release and rate plans follow:
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Yesterday we decided not to run with a story published by Bloomberg that Pegatron’s forecasted 25 percent to 30 percent drop for second-quarter revenue was due to “falling iPad mini demand.” It seemed a little far fetched that an Apple supplier would be giving up specific information on product demand, something we know suppliers in Apple’s circle typically remain tight-lipped on. Today CEO of Pegatron Jason Cheng has confirmed our suspicions in an email to Fortune claiming that Bloomberg reporter Tim Culpan made the iPad mini angle up.

While quoting an analyst’s expectations for iPad mini demand in Q2, Bloomberg’s Tim Culpan offered the following quote from Pegatron Chief Executive Officer Jason Cheng as proof:

A decline in revenue from the iPad Mini “is more on demand, while price has been stable. Not just tablets, also e-books and games consoles, almost every item is moving in a negative direction.”

Pegatron chief Jason Cheng says he wasn’t referring to iPad mini specifically, but rather all of its products including all tablets and game consoles, while noting that “clearly refused” to answer Culpan’s questions related to specific products. Here’s what he had to say about the Bloomberg piece:
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The New York Post reports that the flagship Fifth Avenue Apple Store in Manhattan was flooded following heavy rain in the city this morning due to a leak in the retail store’s roof. The flood apparently began shortly after opening at approximately 8 a.m while around 15 customers were shopping in the store. According to reports from NY Post, employees blamed construction completed on the location last year for the leak:
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Update: Bloomberg reports Apple has now won an order granting its request for Google to provide more information about its process of turning over documents in an ongoing lawsuit with Samsung:

U.S. Magistrate Judge Paul S. Grewal in San Jose, California, ordered Google within two days to disclose what terms it’s using to find documents Apple has requested in pretrial information sharing, and to tell Apple which Google employees those documents came from. Google had argued the collection of information would be too burdensome.

“The court cannot help but note the irony that Google, a pioneer in searching the Internet, is arguing that it would be unduly burdened by producing a list of how it searched its own files,” Grewal wrote in his order.

Bloomberg reports that Apple has requested Google turn over documents related to Android’s source code in an ongoing patent-infringement lawsuit with Samsung in California. According to the report, Apple took issue with Google’s process of turning over requested pretrial documents claiming Google is “improperly withholding information” and that Android “provides much of the accused functionality” in the infringement claims related to several of Samsung’s Galaxy products:
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http://youtu.be/9MHbElOIF6A

T-Mobile just released its first earnings report since it started officially carrying the iPhone on April 12th and ‘coincidentally’ the first where it has picked up customers in 17 quarters. The carrier had accumulated 2.1M iPhone users without even carrying the iPhone up until it launched in April, which is up from 1 million in 2011.

T-Mobile tallied approximately 500,000 iPhone 5 sales in the first 30 days which is stronger than you might initially imagine, especially off a launch cycle. Other US carriers who have reported iPhone sales in the millions over 3 months note that about half of their sales are iPhone 5 (the other half are cheaper iPhone 4 and 4S).

The US #4 carrier saw its subscriber base increase by  579,000 customers, a number likely directly correlated to iPhone sales. In addition, T-Mobile will be adding 9 million MetroPCS users over the coming quarters to its ranks. T-Mobile also ran into some legal problems last month and was forced to change its marketing terminology with regards to ‘no-contract plans’ and was forced to offer customers refunds.

T-Mobile launched its subscription-based T-Mobile TV on iPhone last week.

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Fortune is out today with its annual FORTUNE 500 list ranking the largest corporations in the U.S. by revenue for fiscal 2012 (before expenditures). This year Apple, for the first time, has finally cracked the top 10 of Fortune’s list rising from its 17th place position last year to No. 6 on this year’s list. It’s still well behind Wal-Mart at No.1, as well as Exxon Mobil, which Apple happened to briefly surpass Apple’s market cap back in January to become the world’s most valuable company.

As for tech companies on the list, Facebook just barely made the Fortune 500 for the time this year coming it at number 482, while others include AT&T at No. 11, HP at No. 15, Verizon at No. 16, Microsoft at No. 35, and Amazon at No. 49.

Head below for the top 10 list and check out the full Fortune 500 here. 
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Frustrated with your iPad’s lack of Office and no physical keyboard? Probably not but that doesn’t stop Bill Gates from believing it.

Serving as the lone hero for Microsoft’s compromise PC-tablet (the Surface Pro even has a fan, you know, like a PC), the Microsoft co-founder cited users’ growing frustration with the software and hardware limitations of the iPad as we move further into the post-PC reality.

The problem with this notion, as we all know, is that no shortage of keyboard cases for the iPad exists and productivity users have long since found a solution for their Office needs.

Microsoft has been rumored to launch Office for iOS for a while now, but it is hard to recall why it matters anymore with so many other solutions available.

Check out the 7:30 mark in the video below:

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As if we needed someone to tell us that the ongoing patent lawsuits between Apple and Motorola in Germany were getting a little out of control… Today the European Commission has finally stepped up calling Motorola’s enforcement of an injunction against Apple with mobile standard essential patents “abuse of a dominant position prohibited by EU antitrust rules.” The EU Commission, however, does note that the statement of objections sent to Motorola does not reflect the final outcome of its investigation into its use of standard essential patents (SEPs):

The Motorola Mobility SEPs in question relate to the European Telecommunications Standardisation Institute’s (ETSI) GPRS standard, part of the GSM standard, which is a key industry standard for mobile and wireless communications. When this standard was adopted in Europe, Motorola Mobility gave a commitment that it would license the patents which it had declared essential to the standard on FRAND terms. Nevertheless, Motorola Mobility sought an injunction against Apple in Germany on the basis of a GPRS SEP and, after the injunction was granted, went on to enforce it, even when Apple had declared that it would be willing to be bound by a determination of the FRAND royalties by the German court.

The EU Commission essentially states that Apple should be able to license the technology under fair, reasonable and non-discriminatory terms decided by a third-party, and that Motorola’s approach with its latest injunction could “distort licensing negotiations and impose unjustified licensing terms.” Back in February of 2012, Apple was for a short while forced to remove all 3G devices from its online store in Germany following the injunction, and at the time Apple noted that “Motorola repeatedly refuses to license this patent to Apple on reasonable terms, despite having declared it an industry standard patent seven years ago.”
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