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Paul Merrell

AT&T Mobility LLC, et al v. AU Optronics Corp., et al :: Ninth Circuit :: US Courts of ... - 0 views

  • Justia.com Opinion Summary: Plaintiffs alleged that they purchased billions of dollars worth of mobile handsets containing defendants' LCD panels and that the prices they paid for those handsets were artificially inflated because defendants had orchestrated a global conspiracy to fix the prices of LCD panels. The district court certified to the court pursuant to 28 U.S.C. 1292(b) "the question whether the application of California antitrust law to claims against defendants based on purchases that occurred outside California would violate the Due Process Clause of the United States Constitution." Because the underlying conduct in this case involved not just the indirect purchase of price-fixed goods, but also the conspiratorial conduct that led to the sale of those goods, the court answered in the negative. To the extent a defendant's conspiratorial conduct was sufficiently connected to California, and was not "slight and casual," the application of California law to that conduct was "neither arbitrary nor fundamentally unfair," and the application of California law did not violate that defendant's rights under the Due Process Clause. Therefore, the court reversed the district court's order dismissing plaintiffs' California law claims and remanded for further proceedings.
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    This page includes the opinion of the Ninth U.S. Circuit Court of Appeals on an interlocutory appeal from a district court decision to dismiss two California state law causes of action from an ongoing case, leaving only the federal law causes of action. The Ninth Circuit disagreed, vacated the district court's decision, and remanded for consideration of the dismissal issue under the correct legal standard. This was a pro-plaintiff decision that makes it very likely that the case will continue with the state law causes of action reinstated against all or nearly all defendants. This is an unusually important price-fixing case with potentially disruptive effect among mobile device component manufacturers and by such a settlement or judgment's ripple effects, manufacturers of other device components globally. Plaintiffs are several major  voice/data communications services in the U.S. with the defendants being virtually all of the manufacturers of LCD panels used in mobile telephones. One must suspect that if price-fixing is in fact universal in the LCD panel manufacturing industry, price-fixing is likely common among manufacturers of other device components. According to the Ninth Circuit opinion, the plaintiffs' amended complaint includes detailed allegations of specific price-fixing agreements and price sharing actions by principles or agents of each individual defendant company committed within the State of California, which suggests that plaintiffs have very strong evidence that the alleged conspiracy exists. This is a case to watch.    
Gary Edwards

The End of the Battery - Getting All Charged Up over Supercapacitors - Casey Research - 0 views

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    Very interesting article describing the near market ready potential of "supercapacitor" batteries.   This is truly game changer stuff, and very interesting to me since i've been following the research and development of "graphene technologies" for some time.  The graphene superconductor targets the future of both energy and computing.  But graphene is also at the cutting edge of "faster, better, cheaper" water desalinization!  Nor does it take a rocket scientist to see that a graphene nano latice will have an enormous impact on methods of separating water (H2O) atoms to create an electical current - a cost free flow of electons.   Very well written research! excerpt: "an article in the recent issue of Nature Communications on a novel way to mass-produce so-called superconductors on the super-cheap - using no more equipment than the average home CD/DVD burner. Hacked together by a group of research scientists at UCLA, the ingenious technique is a way of producing layers of microscopically nuanced lattices called graphene, an essential component of many superconductor designs. It holds the promise of rapidly dropping prices for what was until now a very expensive process. You see, we've known about the concept of supercapacitors for decades. In fact, their antecedent, the capacitor, is one of the fundamental building blocks of electronics. Long before the Energizer Bunny starting banging its away around our television screens, engineers had been using capacitors to store electrical charge - originally as filters to help tune signals clearly on wireless radios of all sorts. The devices did so by storing and releasing excess energy, but only teeny amounts of it... we're talking millions of them to hold what a simple AA battery can. Over the years, however, scientists worked on increasing their storage capacity. Way back in 1957, engineers at General Electric came up with the first supercapacitor... but back then there were no uses for it. So, the technology
Gary Edwards

CPU Wars - Intel to Play Fab for an ARM Chipmaker: Understanding What the Altera Deal M... - 0 views

  • Intel wants x86 to conquer all computing spaces -- including mobile -- and is trying to leverage its process lead to make that happen.  However, it's been slowed by a lack of inclusion of 4G cellular modems on-die and difficulties adapting to the mobile market's low component prices.  ARM, meanwhile, wants a piece of the PC and server markets, but has received a lukewarm response from consumers due to software compatibility concerns. The disappointing sales of (x86) tablet products using Microsoft Corp.'s (MSFT) Windows 8 and the flop of Windows RT (ARM) product in general somewhat unexpectedly had the net result of being a driver to maintain the status quo, allowing neither company to gain much ground.  For Intel, its partnership with Microsoft (the historic "Wintel" combo) has damaged its mobile efforts, as Windows 8 flopped in the tablet market.  Likewise ARM's efforts to score PC market share were stifled by the flop of Windows RT, which led to OEMs killing off ARM-based laptops and convertibles.
  • Both companies seem to have learned their lesson and are migrating away from Windows towards other platforms -- in ARM's case Chromebooks, and in Intel's case Android tablets/smartphones. But suffice it to say, ARM Holdings and Intel are still very much bitter enemies from a sales perspective.
  • III. Profit vs. Risk -- Understanding the Modern CPU Food Chain
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  • Whether it's tablets or PCs, the processor is still one of the most expensive components onboard.  Aside from the discrete GPU -- if a device has one -- the CPU has the greatest earning potential for a large company like Intel because the CPU is the most complex component. Other components like the power supply or memory tend to either be lower margin or have more competitors.  The display, memory, and storage components are all sensitive to process, but see profit split between different parties (e.g. the company who makes the DRAM chips and the company who sells the stick of DRAM) and are primarily dependent on process technology. CPUs and GPUs remain the toughest product to make, as it's not enough to simply have the best process, you must also have the best architecture and the best optimization of that architecture for the space you're competing in. There's essentially five points of potential profit on the processor food chain: [CPU] Fabrication [CPU] Architecture design [CPU] Optimization OEM OS platform Of these, the fabrication/OS point is the most profitable (but is dependent on the number of OEM adopters).  The second most profitable niche is optimization (which again is dependent on OEM adopter market share), followed by OEM markups.  In terms of expense, fabrication and operating system designs requires the greatest capital investment and the highest risk.
  • In terms of difficulty/risk, the fabrication and operating system are the most difficult/risky points.  Hence in terms of combined risk, cost, and profitability the ranking of which points are "best" is arguably: Optimization Architecture design OS platfrom OEM Fabrication ...with the fabrication point being last largely because it's so high risk. In other words, the last thing Intel wants is to settle into a niche of playing fabs for everybody else's product, as that's an unsound approach.  If you can't keep up in terms of chip design, you typically spin off your fabs and opt for a different architecture direction -- just look at Advanced Micro Devices, Inc.'s (AMD) spinoff of GlobalFoundries and upcoming ARM product to see that.
  • IV. Top Firms' Role on That Food Chain
  • Apple has seen unbelievable profits due to this fundamental premise.  It controls the two most desirable points on the food chain -- OS and optimization -- while sharing some profit with its architecture designer (ARM Holdings) and a bit with the fabricator (Samsung Electronics Comp., Ltd. (KSC:005930)).  By choosing to play operating system maker, too, it adds to its profits, but also its risk.  Note that nearly every other first-party exclusive smartphone platform has failed or is about to fail (i.e. BlackBerry, Ltd. (TSE:BB) and the now-dead Palm).
  • Intel controls points 1, 2, and 5, currently, on the food chain.  Compared to Apple, Intel's points of control offer less risk, but also slightly less profitability. Its architecture control may be at risk, but even so, it's currently the top in its most risky/expensive point of control (fabrication), where as Apple's most risky/expensive point of control (OS development) is much less of a clear leader (as Android has surpassed Apple in market share).  Hence Apple might be a better short-term investment, but Intel certainly appears a better long-term investment.
  • Samsung is another top company in terms of market dominance and profit.  It occupies points 1, 3, 4, and 5 -- sometimes.  Sometimes Samsung's devices use third-party optimization firms like Qualcomm Inc. (QCOM) and NVIDIA Corp. (NVDA), which hurts profitability by removing one of the most profitable roles.  But Samsung makes up for this by being one of the largest and most successful third party manufacturers.
  • Microsoft enjoys a lot of profit due to its OS dominance, as does Google Inc. (GOOG); but both companies are limited in controlling only one point which they monetize in different ways (Microsoft by direct sales; Google by giving away OS product for free in return for web services market share and by proxy search advertising revenue).
  • Qualcomm and NVIDIA are also quite profitable operating solely as optimizers, as is ARM Holdings who serves as architecture maker to Qualcomm, NVIDIA, Apple, and Samsung.
  • V. Four Scenarios in the x86 vs. ARM Competition
  • Scenario one is that x86 proves dominant in the mobile space, assuming a comparable process.
  • A second scenario is that x86 and ARM are roughly tied, assuming a comparable process.
  • A third scenario is that x86 is inferior to ARM at a comparable process, but comparable or superior to ARM when the x86 chip is built using a superior process.  From the benchmarks I've seen to date, I personally believe this is most likely.
  • A fourth scenario is that x86 is so drastically inferior to ARM architecturally that a process lead by Intel can't make up for it.
  • This is perhaps the most interesting scenario, in the sense of thinking of how Intel would react, if not overly likely.  If Intel were faced with this scenario, I believe Intel would simply bite the bullet and start making ARM chips, leveraging its process lead to become the dominant ARM chipmaker.  To make up for the revenue it lost, paying licensing fees to ARM Holdings, it could focus its efforts in the OS space (it's Tizen Linux OS project with Samsung hints at that).  Or it could look to make up for lost revenue by expanding its production of other basic process-sensitive components (e.g. DRAM).  I think this would be Intel's best and most likely option in this scenario.
  • VI. Why Intel is Unlikely to Play Fab For ARM Chipmakers (Even if ARM is Better)
  • From Intel's point of view, there is an entrenched, but declining market for x86 chips because of Windows, and Intel will continue to support Atom chips (which will be required to run Windows 8 tablets), but growth on desktops will come from 64 bit desktop/server class non-Windows ARM devices - Chromebooks, Android laptops, possibly Apple's desktop products as well given they are going 64 bit ARM for their future iPhones. Even Windows has been trying to transition (unsuccessfully) to ARM. Again, the Windows server market is tied to x86, but Linux and FreeBSD servers will run on ARM as well, and ARM will take a chunk out of the server market when a decent 64bit ARM server chip is available as a result.
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    Excellent article explaining the CPU war for the future of computing, as Intel and ARM square off.  Intel's x86 architecture dominates the era of client/server computing, with their famed WinTel alliance monopolizing desktop, notebook and server implementations.  But Microsoft was a no show with the merging mobile computing market, and now ARM is in position transition from their mobile dominance to challenge the desktop -notebook - server markets.   WinTel lost their shot at the mobile computing market, and now their legacy platforms are in play.  Good article!!! Well worth the read time  ................
Gary Edwards

New Adobe Air 2.0 Released : ISEdb.COM - 0 views

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    Is Adobe AiR a Virtual Desktop?  We expect a VD to run an alien OS and those OS specific applications.  With AiR 2.0 it seems Adobe has ditched the "OS" component of a VD, and the OS specific applications, but is quite capable of running AiR based applications and information services that would otherwise have been designed for a specific OS environment.   Another way of looking at this would be to say that VD's are designed to run existing OS and OS specific applications, while AiR is desinged to run newly written OS independent applications that have one very important advantage over legacy applications and information systems;  AiR speaks the language of the Web 3.0.   This is WebKit HTML5-CSS3 with an advanced but Air specific version of JavaScript called "ActionScript".  What Adobe doesn't do is provide support for other critically important aspects of the WebKit interactive Web 3.0 model: support for Canvas/SVG!  Adobe continues to push the proprietary SWF interactive vector graphics format.   Note that Microsoft's Silverlight universal runtime does not support anything in the WebKit Web 3.0 model!  It's all proprietary. excerpt: For the first time since 2007, Adobe has updated its Air platform, released recently in beta with a slew of new features. The features include support for detection of mass storage devices, advanced networking capabilities, ability to open a file with its default application, improved cross-platform printing, and a bunch of other things that you probably won't really notice in any other way other than your Adobe working significantly more efficiently and smoothly than before. The 2.0 version of Air also will be able to support HTML5 and CSS3, due to an upgrade of its WebKit. Developers will also be happy to know that they can create Air applications that can be installed through a native installer. Air's changes have seen it morph into something of an 'operating system sitting on an operating system'. According
Paul Merrell

DARPA seeks the Holy Grail of search engines - 0 views

  • The scientists at DARPA say the current methods of searching the Internet for all manner of information just won't cut it in the future. Today the agency announced a program that would aim to totally revamp Internet search and "revolutionize the discovery, organization and presentation of search results." Specifically, the goal of DARPA's Memex program is to develop software that will enable domain-specific indexing of public web content and domain-specific search capabilities. According to the agency the technologies developed in the program will also provide the mechanisms for content discovery, information extraction, information retrieval, user collaboration, and other areas needed to address distributed aggregation, analysis, and presentation of web content.
  • Memex also aims to produce search results that are more immediately useful to specific domains and tasks, and to improve the ability of military, government and commercial enterprises to find and organize mission-critical publically available information on the Internet. "The current one-size-fits-all approach to indexing and search of web content limits use to the business case of web-scale commercial providers," the agency stated. 
  • The Memex program will address the need to move beyond a largely manual process of searching for exact text in a centralized index, including overcoming shortcomings such as: Limited scope and richness of indexed content, which may not include relevant components of the deep web such as temporary pages, pages behind forms, etc.; an impoverished index, which may not include shared content across pages, normalized content, automatic annotations, content aggregation, analysis, etc. Basic search interfaces, where every session is independent, there is no collaboration or history beyond the search term, and nearly exact text input is required; standard practice for interacting with the majority of web content, which remains one-at-a-time manual queries that return federated lists of results. Memex would ultimately apply to any public domain content; initially, DARPA  said it intends to develop Memex to address a key Defense Department mission: fighting human trafficking. Human trafficking is a factor in many types of military, law enforcement and intelligence investigations and has a significant web presence to attract customers. The use of forums, chats, advertisements, job postings, hidden services, etc., continues to enable a growing industry of modern slavery. An index curated for the counter-trafficking domain, along with configurable interfaces for search and analysis, would enable new opportunities to uncover and defeat trafficking enterprises.
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  • DARPA said the Memex program gets its name and inspiration from a hypothetical device described in "As We May Think," a 1945 article for The Atlantic Monthly written by Vannevar Bush, director of the U.S. Office of Scientific Research and Development (OSRD) during World War II. Envisioned as an analog computer to supplement human memory, the memex (a combination of "memory" and "index") would store and automatically cross-reference all of the user's books, records and other information. This cross-referencing, which Bush called associative indexing, would enable users to quickly and flexibly search huge amounts of information and more efficiently gain insights from it. The memex presaged and encouraged scientists and engineers to create hypertext, the Internet, personal computers, online encyclopedias and other major IT advances of the last seven decades, DARPA stated.
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    DoD announces that they want to go beyond Google. Lots more detail in the proposal description linked from the article. Interesting tidbits: [i] the dark web is a specific target; [ii] they want the ability to crawl web pages blocked by robots.txt; [iii] they want to be able to search page source code and comments. 
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