Twitter Appeals Court Decision Against Occupy Wall Street Protester Malcolm Harris

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Twitter just filed its appeal against a New York court decision requiring the company to turn over tweets and account information for Occupy Wall Street protester Malcolm Harris, who is being prosecuted for allegations of disorderly conduct.

According to Twitter’s brief, the New York County District Attorney’s office subpoenaed Twitter earlier this year for information related to two of Harris’ accounts, @destructuremal and @getsworse. The requests came at different times for the two accounts, and cover slightly different information, but in the case of @getsworse, they include all public tweets, as well as “[t]he following subscriber information: name; address; records of session times and durations; length of service (including creation date); types of service utilized; telephone or instrument number or any other subscriber number or identity, including any temporarily assigned network address.”

Harris and Twitter tried to quash the subpoenas, but the court ruled against both of them, with Judge Matthew A. Sciarrino Jr. writing, “If you post a tweet, just like if you scream it out the window, there is no reasonable expectation of privacy.”

Twitter had already declared its intention to appeal, but now you can actually read the brief, which is embedded below. The arguments here are a bit convoluted — at this point, Twitter isn’t just arguing about whether the subpoena should be blocked, but also whether Harris has the legal standing to challenge the subpoena in the first place. (Twitter says yes, he does.) The company also argues that a user’s tweets are protected under the Fourth Amendment, and that the subpoenas were not “sufficiently circumscribed” under New York law.

Along with announcing the appeal, Twitter attorney Benjamin Lee tweeted:

Twitter users own their Tweets. They have a right to fight invalid government requests, and we continue to stand with them in that fight.

The American Civil Liberties Union (a group that I donate to) says it will be filing its own brief later today.

Brief Harris Appellateterm


Go West Young Men: Winklevoss Twins Buy $18M L.A. Mansion To Dive Into SoCal Tech Scene

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Tyler and Cameron Winklevoss are heading west.

The Winklevoss twins, the 31-year-old Harvard grads who are probably best known for their years-long legal fight with Mark Zuckerberg over the founding of Facebook, have put $18 million of their Facebook settlement cash toward buying a brand new bachelor pad in the Hollywood Hills, according to a report today out of TMZ.*

The reason for the move out west? It’s not because the statuesque pair wants to give Armie Hammer a run for his money on the silver screen. TMZ reports:

“The Winklevii have their eye on SoCal as the new Silicon Valley (which is home to Facebook and Apple) thanks to L.A.’s booming tech scene.”

The new mansion will reportedly be inhabited mostly by Tyler, who will use it as his home base while launching West Coast operations of the brothers’ new NYC-based venture capital firm, Winklevoss Capital.

I love to rib the Winklevoss twins as much as anyone, but focusing more on California does seem like a smart move to show that they are serious about tech investing. The San Francisco Bay Area is still the epicenter when it comes to tech, and Los Angeles has indeed been heating up as a startup hub in recent years. We’ll have to see how often the Winklevosses jaunt up north to Silicon Valley — that could result in some interesting run-ins to say the least.

If you’re in the mood for gawking and feeling vaguely jealous, you can leaf through the photos of the Winklevii’s new house on this slideshow.

* Yes, the showbiz gossip site that some prickly readers like to compare to TechCrunch, which I think is meant to be an insult but could be a compliment? Hey, no one can say TMZ doesn’t get the best scoops in its field. I’m rubber, you’re glue, etc.


Fashion-Focused Kaleidoscope App Readies Personalized Shopping & Recommendations

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Kaleidoscope, the mobile and desktop app which is the e-commerce equivalent to Pinterest’s fashion-focused boards, helps users – primarily women – not just find outfits they like, but actually purchase them. The company recently rolled out an updated version of its app which represents the first step towards an important, forthcoming feature: Kaleidoscope is moving into personalized recommendations for fashion.

What this means is that, going forward, Kaleidoscope won’t be just about randomly browsing through tops and skirts and handbags and shoes – it will begin to learn what it is you like.

This level of personalization is not live yet in the new version, to be clear – but it’s on the horizon. Initially, the company had to deepen its Facebook integration to start the process of developing the appropriate algorithms for personalization. In the earlier version, Kaleidoscope only had simple social media integration built in – users could browse and search through items then share to Facebook, Pinterest or Twitter. But in the new version, Kaleidoscope is pulling in users’ Facebook profile data to learn what they like in order to show them items similar to those they’ve expressed interest in.

Related to this improved Facebook integration is support for Facebook’s Open Graph, which will allow the app to automatically share things like “favoriting” items or looks, for example, back to Facebook.

Better support for Facebook isn’t just about addressing the need for more customized and personalized experiences, though. According to Kaleidoscope’s Director of Business Development, Sarah Kunst, Facebook users are also the most highly engaged. ”Pinterest is a great firehose of traffic, but the users don’t necessarily become weekly active or daily active users,” she says of the service’s second-largest source of referral traffic (the top being direct). “A Facebook users spends 50% more time on the site, and returns at a higher rate as well,” she adds.

Also new in version 2 of the app is support for unique profile URLs, which lets users share their favorites with others outside of the social web – a top-requested feature.

For those unfamiliar with this company, Kaleidoscope is a mobile-first startup which launched on Android during this year’s Fashion Week in NY, later expanding to iPhone, web and Facebook. The latter two were added in order to better serve its demographic which Kunst admits is largely women shoppers. (It’s worth noting, however, that the company did experiment with men’s fashion during this year’s Coachella music festival.) Essentially a visual search engine for fashion, the app pulls in items sourced from fashion bloggers, photographers, and the databases of many major Internet retailers (e.g. Macy’s, Nordstrom, Net-a-porter, Saks, Neiman Marcus, Bergorf Goodman, Shopbop, etc.) and even some smaller ones. While those retailers are not partners, the company has teamed up with companies like Condé Nast and AOL (disclosure, TechCrunch corporate parent) for special events like Fashion Week, in addition to doing its own original photography in some cases.

Inporia, which operates the Kaleidoscope app, was founded by Max Skibinsky, a social gaming vet, who sold his company Hive7 to Playdom in 2010, and Ryan Junee, an advisor to 500 StartupsStartMate, co-founder of Omnisio (later acquired by Google), and former Product Manager at YouTube. Currently a small team of four, the company raised $1.25 million in seed funding last year from NEA, SV Angel, 500 Startups, Clearstone Venture Partners,  Southern Cross Venture Partners, Ignition Partners, Y Combinator, Start Fund, and others.

With the rollout of the updated iOS app last week, which hit the “New & Noteworthy” list in North America, like its localized counterpart did in parts of Latin America, Kunst says 60% of users have shopped products in the app overall, and 80% of desktop users have done the same. Pinterest sharing is also up by over 80% since last Thursday’s v2 debut. The company isn’t providing raw download numbers or details of conversions (as tracked via its affiliate programs) at this time.

You can grab the Kaleidoscope app here on Google Play or here on iTunes, where it’s designed for both iPhone and iPad.


Call Them Maybe: LoanLook Simplifies Student Loan Payments With Live Advisors

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Student loans aren’t just a pain, they’re a travesty. Yet a new crop of startups is looking to make this process better, not least of which is LoanLook. A subsidiary of Ceannate, LoanLook seeks to organize the process of paying off student loans, while providing the student with as much information as possible.

Unlike a Tuition.io, however, LoanLook is aiming to partner with schools to build the user base more directly. Their main differentiating feature is real-live investment counselors available to chat through LoanLook’s Customer Care center and web chat.

After signing up, users can use the payment optimizer to pay the lowest possible amount of interest on loans and shorten the repayment period. There’s also a feature called DocSpot, which saves all of your important documents in one place, along with a section that records all of your counselor chats called LoanRecords.

The service is currently being rolled out to over 200,000 students with the platform accounting for over $3 billion in student loans. In the near future, LoanLook will launch mobile apps to keep students organized on the go.

For now, the service is free to the user, and LoanLook generates revenue through partnerships with colleges.

Click to view slideshow.


As Samsung Tries To Get Galaxy Tab Injunction Lifted, Apple Names Eight Samsung Products It Wants Banned

Samsung Galaxy Tab 10.1

After Friday’s $1.05 billion verdict in favor of Apple, Samsung is now trying everything to reverse the trend while Apple is charging foward at full speed. Even though the injunction hearing will take place on September 20, some Samsung devices, such as the Galaxy Tab 10.1, were subject to preliminary injunctions. The jury decided that the Galaxy Tab 10.1 did not infringe the iPad D’889 design patent — Apple’s trade dress — and therefore invalidated the prior injunction.

Samsung requests a dissolution of the sales ban, the $2.6 million bond from Apple that protected Samsung if it was determined that the injunction was unnecessary, and probably damages for lost sales.

Apple, fresh off of its court victory last week, just informed the court the products it is going after for a U.S. sales ban on the basis of patent infringement. Thankfully, at least for Samsung, most of these products are no longer available. But Samsung will no doubt fight Apple on this as well.

  • Droid Charge
  • Galaxy S Showcase
  • Galaxy Prevail
  • Galaxy S 4G
  • Galaxy S2 (AT&T)
  • Galaxy S2 (Skyrocket)
  • Galaxy S2 (T-Mobile)
  • Galaxy S2 Epic 4G

Samsung is trying not to lose ground in the legal battle against Apple. On June 26, U.S. District Judge Lucy Koh ordered a preliminary sales ban on the Galaxy Tab 10.1 based on the fact that the Galaxy Tab 10.1 was hurting Apple’s sales due to trade dress and design patent infringement. At that time, Koh seemed convinced because she did not even wait for an Apple hearing to issue the injunction.

That’s why it is important to note that Koh can overrule the jury’s decision and state that the Galaxy Tab 10.1 does infringe Apple’s D’889 design patent.

In addition to the importance of Koh’s next move, the device was part of the list of Samsung devices that infringed several Apple software patents — at least ’381, ’915 and ’163 patents, respectively for “bounce back” scrolling, pinching to zoom and tapping to zoom. Apple might be asking for another review of that verdict on the Galaxy Tab 10.1 in the appeals court.

As long as the final injunction process is not over, the Galaxy Tab 10.1 is still not out of danger. Yet, Samsung’s argument seems valid. It is worth trying to obtain damages from Apple. As the Galaxy Tab 2 10.1 is already out, reparations and brand reputation could certainly be the main motivation behind Samsung’s court filing.


Diaspora Founders To Move On, Handing Over Decentralized Social Network ‘To The Community’

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It was a good run, but it looks like the founders of Diaspora have reached the end of the road — at least for their full-time leadership of the project.

Diaspora, the Kickstarter-backed initiative launched two years ago by a group of NYU students aiming to create a decentralized social networking alternative to Facebook, announced today that it will now be “a community project.”

The announcement was made in a blog post authored by Diaspora founders Maxwell Salzberg and Daniel Grippi which read in part:

“Today, we are giving control of Diaspora to the community.

As a Free Software social project, we have an obligation to take this project further, for the good of the community that revolves around it. Putting the decisions for the project’s future in the hands of the community is one of the highest benefits of any FOSS project, and we’d like to bring this benefit to our users and developers. We still will remain as an important part this community as the founders, but we want to make sure we are including all of the people who care about Diaspora and want to see it succeed well into the future.

…This will not be an immediate shift over. Many details still need to be stepped through. It is going to be a gradual process to open up more and more to community governance over time. The goal is to make this an entirely community-driven and community-run project.”

I’ve reached out to Diaspora for more details on what exactly this shift means, how much of the money raised through Kickstarter remains in Diaspora’s coffers (and how it will be used), and what Salzberg and Grippi plan to do next — but it looks most likely that they will be focused on Makr.io, the “photo-remixing” meme generation project they launched last week out of the Summer 2012 Y Combinator class.

Update: Salzberg points to Diaspora’s Kickstarter page for a full profit-and-loss report detailing how the $200,000 in Kickstarter donations was spent. He and Grippi will indeed be focusing on Makr.io going forward, but in an email he stressed that they still plan to be very involved with Diaspora:

“We are just becoming a part of the community who care about d*.  Its about stepping down from being the sole decision makers, but the reality is that there is thousands of people around the world who care about Diaspora.  This is pretty normal for successfully, independent FOSS projects.  Wordpress is a great example.”

Meanwhile, it looks like the push for a more fully “open” social network will continue to live on elsewhere — most visibly these days with the App.net initiative.


Well’s Social List-Making App Thinks Outside The “To-Do”

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Well, a new social and collaborative to-do list application from former Digg, Blip.fm and Rackspace engineers, is officially launching today on iPhone, web and mobile web. But according to ex-Digg engineer and Well CEO Arin Sarkissian, the focus for the application isn’t only on typical “to-dos” which is why the app’s name doesn’t include “to-do” in its title. Instead, the idea for Well is to serve as a repository for any type of list, whether that’s books to read, movies to see, things you like or don’t like, or even a collection of things you may be comparing in advance of a future purchase.

This loose idea surrounding list-making is one of the things that makes Well intriguing, because its structure is that which doesn’t necessarily require the usual checklist of things that have to be accomplished within a given timeframe. However, for today’s launch, the nomenclature of “to dos” is present in the app, but the team is going to see where the community takes things going forward.

Already, we’ve spotted some very non-traditional lists, including lists of bowling balls someone likes, apps someone hates, and even an uh…let’s just call it a list of attractive people. (I’m not going to repeat that list’s title in polite company here. Arin admits that there may be some need for having the service itself automatically set some lists to private in the future!)

Making lists within Well is simple. Currently, the app doesn’t pull data in using APIs and third-party sources, but rather offers the ability to create basic text-based entries for each item entered. However, that’s not to say the app doesn’t have a visually inspiring layout. The lead image for each list is either selected from a database of attractive stock photos, or can be added via the phone’s camera roll or Instagram. When browsing through the app, the photos give what’s normally a boring thing – a to-do list – a more visual, and therefore more inspirational, look-and-feel.

There’s a social element to Well, too. Using a Twitter-like model, friends can find and follow each other and make suggestions which can be added to each other’s lists. For example, a list about a “trip to NYC” might see incoming suggestions about restaurants to try or places to sh0p. Users can control which of these items are accepted (that is, added) to their own list. They can also proactively reach out to others to collaborate on lists, like a list of things to buy for their home, which may be shared with their partner.

Like Pinterest, users on the app can check out their friends’ lists and those that are public and “relist” (the equivalent of the Pinterest re-pin) items they like back to lists of their own. And I have to add that I’m personally thrilled with the detailed level of customization the app offers in terms of email and push notifications. It’s really granular. (App developers, this is how it should be done).

For now, the app is only available on the web and iPhone, but Android users can participate through the mobile web experience. Unfortunately, that will remain the case for the near future – the team is more focused on general improvements, including ways to better highlight trending list items, than it is on going cross-platform right now.  Eventually, the goal is to connect the items being listed – the purchase intent – with services that can help users complete those tasks.

The San Mateo-based startup is currently a team of five with three ex-Digg engineers as co-founders. (The full team includes Arin Sarkissian, Mike Mayo, Jamie Lottering, Ryan Downing, and Addison Kowalski). Arin says he was inspired to create Well following his time with Digg, as his position there had previously allowed him a high level of visibility into what his engineering team was up to. Later, he pondered, “why don’t I know all the stuff my friends want to do?” Hence, Well.

The startup raised just over $1 million in funding in a round that closed in late March with participation from Venrock, Pivot North Ventures, Accelerator Ventures, Chris Kelly (ex Chief Privacy officer at Facebook), Ben T. Smith IV (former CEO of Merchant Circle & Spoke Software, currently ShopCo), Chris Tolles (CEO Topix), Tim Stevens (VP of Business Development, Cloudera), and Ben Ling (COO of Badoo).

You can grab Well for iPhone here or sign up here to use it via the web instead.


VMware Gets A New Boss – Paul Maritz Turns Over Job To EMC COO Pat Gelsinger

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Paul Maritz turned over the job of VMware CEO to EMC’s COO Pat Gelsinger on stage at VMworld today. It’s a move long expected that tells us more about the company’s future direction as it moves into new territory beyond its enterprise kingdom.

There are battles ahead with the likes of Cisco, trust to gain and lose with the open source community. Gelsinger will now have to lead the evolution of VMware’s Cloud Foundry and recent acquisitions such as DynamicOps and Nicira, the $1.26 billion acquisition that closed last week.

He faces a world that is innovating all around VMware. The company can sell just so many virtual machines. It now has to innovate.

Maritz remarked about that need for his introduction, before turning his job over to Gelsinger.

Maritz, one of the great technologists of our time, stood on stage and said we are coming to the end of 50 year journey to automate the paper based processes. Today, business is dependent on providing an experience to customers. Maritz said there will need to be innovation in taking multiple data streams to create new experiences. We will see an equal pace in the change of IT over the next four years as we did in the past four years.

The greatest change will be in our data centers, applications and new forms of data fabrics. Results will get presented to people in a post-PC multiple device world. He said the conference will focus on these different layers.

What will become of Maritz? He will remain on the VMware board of directors. But his full-time job will be in reporting to EMC CEO Joe Tucci.

What he will do is still unclear. EMC faces its own battles with up and coming flash storage providers such as Fusion-io, now a publicly traded company and startups such as Nutanix, which just raised $25 million for its converged systems.

He will need to put more attention Cisco, which EMC and VMware will compete with more now that it is in the business of software defined networking.

There is the future of Cloud Foundry to contend with and the trust it needs to build with the open source community. VMware did announce its support for OpenStack as a gold member yesterday. It’s symbolic more than anything else but it does show that EMC/VMware sees more interest in differentiating as a platform provider. As Rishidot analtyst Krishnan Subramanian explains — this means VMware can sell support for the great majority of companies that have VMware technology installed in their data centers.

This is in large part why we hear so much talk about the “software defined data center,” from VMware. Nicira will provide ways for the companies to create more capabilities to manage multiple clouds. But with that networking capability it will mean deeper competition for a host of new startups.

And that has to be both Martiz and Gelsinger’s challenge – how to keep the pace of innovation while still maintaining its vast legacy business.


The Battle Continues: Apple/Samsung Injunction Hearing Set For September 20

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Oh, you thought this whole mess was over now that Samsung has to pony up $1.049 billion in damages to its bitter rival Apple? Not by a long shot. According to The Verge, Samsung and Apple attorneys have been talking with Judge Koh about a preliminary injunction hearing, and have apparently agreed to schedule it on September 20.

Now that Apple has a considerable jury verdict to back up its claims, you can expect the company to push Samsung hard to either license the infringed patents in question (meaning Samsung would have to pay out even more money on top of the damages it already owes) or bar the Korean electronics giant from peddling some of its questionable wares in the United States.

Apple’s clearly not shy when pushing for that latter option too — the company won a preliminary injunction against the sale of Samsung’s Galaxy Nexus earlier this year (ordered by the same judge, no less), a move Samsung quickly appealed.

This song and dance is already familiar to both parties, which hopefully means they’ll make judicious use of their time. According to Judge Koh, Apple will file its motion by August 29th, after which Samsung’s (undoubtedly bummed) legal team will have two weeks to cobble together its crucial response. From there, Apple has two days to whip up a response to the response. Just like in these proceedings, both Apple and Samsung are stuck with page limits for all their filings, so neither of them can afford to go off on tangents.


Apple Stock Reaches New All-Time High Following Verdict, Up 1.70% To $674.48 After Hours

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Apple stock reached a new all-time high as it rose 1.79% to $675.11 in after-hours trading at the time of publication. The stock opened Friday morning at $659.51.

A few hours after the market closed on Friday afternoon, a jury in San Jose federal court ruled in favor of Apple in a landmark patent case. Samsung must pay Apple $1,051,855,000 (although that exact figure is being disputed) in damages.

While it was not a sweeping win for Apple, as the company was requesting $2.525 billion in damages and did not win all of its infringement claims, it did significantly better than Samsung, which was awarded $0 in damages. Both companies are expected to appeal the decision of the complex case.


Apple Now Owed Only $1.049 Billion In Damages After Jury Revisits Inconsistent Verdict

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It’s a good thing that lawyers from both Apple and Samsung were allowed to review the jury’s verdict document after it was read, because there seem to be a few issues with it. Upon further review, there were two instances in which the jury prescribed monetary damages in Apple’s favor without actually backing up the decision.

UPDATE 2: The jury has returned, and has now reversed their original decision regarding the Intercept, which means the total amount of damages owed to Apple is now only (ha!) $1,049,343,540.

According to Judge Lucy Koh, the jury awarded Apple nearly $220,000 in damages when it came to Samsung’s LTE-capable Galaxy Tab 10.1, but didn’t formally note any instances of patent infringement or inducement.

The other device in question was the Samsung Intercept — the jury reported that the smartphone didn’t infringe on the multi-finger navigation and tap-to-zoom utility patents but apparently thought an act infringement was induced. That position doesn’t actually make any sense, and Samsung was being asked to shell out over $2 million over this error.

Judge Koh pointed out the existence of some inconsistencies to a reassembled jury, who will now go over the document once again in order to make their findings jibe with the damages prescribed (with a red pen, no less). It seemed like a hell of a surprise that the jury managed to come up with a complete and thoughtful decision after only 21.5 hours of deliberation, and that surprise has arguably just been justified. Sure, it’s all just a drop in the bucket compared to the remaining $999 million or so that Samsung is being asked to give Apple, but you can bet Samsung’s lawyers want to avoid paying as much as possible.

UPDATE: The judge is writing a note to the jury to point out exactly what the inconsistencies are, because they couldn’t seem to tell from going over the document themselves. The past few days must’ve been really rough on them.

Judge Koh back, said there were at least two problems. One deals with Samsung Intercept on the ’163 patent. #appsung

— Christina Bonnington (@redgirlsays) August 24, 2012


Apple Awarded $1.049 Billion In Damages As Jury Finds Samsung Infringed On Design And Software Patents

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The jury in the landmark Apple-Samsung trial ruled mostly in favor of Apple, including awarding Apple $1,049,343,540  in damages. Samsung, on the other hand, was granted a total of $0 in damages.

Here’s a quick rundown of how the jury came down on both of the companies. Remember, there are plenty of devices at play here — on Samsung’s side alone, there’s the Captivate, Continuum, Droid Charge, Epic 4G, Fascinate, Galaxy Ace, Galaxy Prevail, Galaxy S, Exhibit, Infuse 4G, Mesmerize, Nexus S 4G, Gem, Galaxy Tab, Galaxy Tab 10.1, Replenish, Vibrant, plus every carrier’s version of the Galaxy S II.

  • The jury found no infringement by Apple on any of Samsung’s utility patents.
  • The jury found that Samsung infringed on patents for ’381 “bounce back” scrolling functionality on all devices.
  • On the ’915 patent, relating to one finger to scroll, two to pinch and zoom navigation, all but three Samsung devices (Ace, Intercept and Replenish) infringed.
  • For Apple’s ’163 patent (tap to zoom) all Samsung devices except Captivate, Indulge, Intercept, Nexus S 4G, Transform and Vibrant infringed.

The jury then answered a question about inducement, regarding whether Samsung made its U.S. arms infringe: yes for the ’381 “bounce back” patent on all devices, yes for ’915 “one finger scrolling” for all devices except Replenish and yes for ’163 “tap to zoom” for all except Captivate, Continuum, Gem, Indulge, Nexus S 4G.

One of the biggest questions answered by the jury was if Samsung was willful in its infringement, which is where the major damages came into play. The largest damages came from the prepaid Galaxy Prevail (over $57 million).

The jury originally awarded Apple $1,051,855,000 in damages, but Judge Koh sent the jurors back to deliberate over two discrepancies that resulted in Apple being awarded $2.20 million in damages. Apple argued that based on the nuanced language of the jurors’ instructions, both decisions should be allowed to stand. The jurors overturned their previous “yes” answer to question 4 regarding the 915 patent and the Intercept device. The changed ruling for two devices saves Samsung $2.2 million in damages.

The dense trial involved more than a dozen different patents, over 30 allegedly infringing devices and wide-ranging claims on design ownership; both sides argued their cases and defended themselves concurrently, all while enraging federal judge Lucy Koh.

Apple began with a full-fledged assault, hurling numerous trademark claims, design and technical patent claims and more; after judge Koh ordered Apple to pare it down, the company has focused on a few key patents, the simplicity of its design and working to prove a pattern of copying by Samsung. Apple’s total monetary demand was $2.525 billion.

Meanwhile, Samsung claimed that Apple’s iPhone and iPad were infringement and demanded $14.40 per device sold.

The decision comes with large-ranging implications, as it sets precedent for future patent law cases and will inevitably bring more lawsuits. Apple is already locked in a legal battle with HTC and could go after others.

The verdict came in shockingly quickly, as the jury was only in deliberation for three days. The jury worked one hour late yesterday and reached a decision at 2:35 PT today. Over 700 individual decisions had to be made by members of the jury, which does not come from particularly technical backgrounds, on their complex worksheets.

It has been expected since the beginning of this trial that both companies would file appeals regardless of the verdict, so it would be shortsighted to assume that this is the end. Both companies are now discussing post-trial motions and arguing over how much time Samsung should be given to prepare.

Here are the statements from both companies.

First, Apple PR head Katie Cotton:

We are grateful to the jury for their service and for investing the time to listen to our story and we were thrilled to be able to finally tell it. The mountain of evidence presented during the trail showed that Samsung’s copying went far deeper than even we knew. The lawsuits between Apple and Samsung were about much more than patents or money. They were about values. At Apple, we value originality and innovation and pour our lives into making the best products on earth. We make these products to delight our customers, not for our competitors to flagrantly copy. We applaud the court for finding Samsung’s behavior willful and for sending a loud and clear message that stealing isn’t right.

Then, the Samsung PR team:

“Today’s verdict should not be viewed as a win for Apple, but as a loss for the American consumer. It will lead to fewer choices, less innovation, and potentially higher prices. It is unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies. Consumers have the right to choices, and they know what they are buying when they purchase Samsung products. This is not the final word in this case or in battles being waged in courts and tribunals around the world, some of which have already rejected many of Apple’s claims. Samsung will continue to innovate and offer choices for the consumer.”

Chris Velazco contributed to this story.


The End Is Nigh For The Apple v. Samsung Trial

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Apple and Samsung’s whirlwind legal battle in San Jose, California has finally come to a head. After attorneys from both sides made their final, impassioned statements to the jury this past Tuesday, deliberations lasted for just over 21 hours on what could be one of the most important legal decisions the industry has seen in years.

But no one (save for the jury themselves) knows what it is yet. Samsung’s attorneys have requested to review the verdict document, and Judge Lucy Koh agreed that was a smart choice. In fact, perhaps owing to the speed at which the jury arrived at their decision, Judge Koh will take a look at the form first in search of “obvious” issues. She’s poring over the document at this moment, and if there are any issues, attorneys representing both companies will be given a few minutes to review the verdict for themselves.

It shouldn’t be long now, folks.

UPDATE: The verdict is in, and Samsung just got spanked.

UPDATE 2: It turns out the jury goofed, and awarded Apple (very slightly) more in damages than it was really owed.


Facebook Acquires Threadsy, Maker of Social Marketing Tool Swaylo

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Facebook just made what appears to be another “acqui-hire,” with the purchase of Threadsy, a TechCrunch Disrupt startup that went on to make a marketing tool called Swaylo. The terms were undisclosed.

What’s interesting about the deal is that the startup’s paid product SwayloPro will continue to run as a separate company for its current investors. Threadsy was backed by August Capital and Maveron Capital. There have been a few other cases in the past where Facebook has approached a team for talent, and only part of a company wanted to join (or alternately, only part of a company passed Facebook’s rigorous hiring process). When Facebook did a partial acquisition of Zenbe back in 2010, it took three employees.

Threadsy started out as a way for people to see all of their social feeds and communication from different networks like Facebook and Twitter in one place. But they then changed toward a paid service that helped brands see which influencers they needed to establish relationships with to find new customers on social networks.

Here’s Threadsy’s statement:

Swaylo offers you the opportunity to see what kind and how much attention you’re getting for the things you post, share, and like on social media networks. Through an analysis of your social graph, Swaylo reflects your Sway – the impact your online activities have in your social circle and across the social graph.

Today we’re announcing that Threadsy will be acquired by Facebook. Threadsy is the company that operates Swaylo.com, provides people with their Sway score, and helps businesses, organizations and brands connect with their social influencers.

This is incredibly exciting for us! We built Swaylo because we believe Facebook and other social media services are the digital representation of our lives. There is no better opportunity to take Swaylo’s vision to the next level than at Facebook.

Once the deal is done, people will no longer be able to access their Sway scores on Swaylo.com. But SwayloPro will continue to operate as separate, independent company owned by its current investors. SwalyoPro helps businesses connect with influential people on social media – here’s where you can find more info.
I’d like to extend a huge thank you to our investors John Johnston from August Capital and Amy Errett from Maveron Capital. They believed in us early and provided the guidance, support and capital needed to make Swaylo a reality.

Finally, I’d like to thank everyone who had a hand in this phase of Swaylo’s growth, especially our small but mighty and talented team. I’d like to extend a special thank you to my Co-Founder and CTO, Udi Nir, and our Chief Revenue and Strategy Officer, Sabrina Riddle for their leadership, vision, and contributions to Swaylo’s success.

Sincerely,
Rob Goldman
CEO & Founder


Guggenheim Architect To Design Facebook HQ’s New 3,400-Employee Tree-Topped Engineering Building

Facebook Engineering Office

Share price be damned, Facebook is expanding. It’s just announced that Guggenheim Museum architect Frank Gehry will design a 3,400 employee engineering office connected to its Menlo Park Headquarters by an underground tunnel. Engineers will hack away in one giant room, separated from the product and ads teams in the main campus. Construction will begin in early 2013

Below you can see a detailed view of models for the new building complete with a tree-filled rooftop garden as Gehry and Mark Zuckerberg discuss its design.

Everett Katigbak, Facebook’s Environmental Design Manager, gave some specifics of the new building:

It will be a large, one room building that somewhat resembles a warehouse. Just like we do now, everyone will sit out in the open with desks that can be quickly shuffled around as teams form and break apart around projects. There will be cafes and lots of micro-kitchens with snacks so that you never have to go hungry. And we’ll fill the building with break-away spaces with couches and whiteboards to make getting away from your desk easy.

Gehry previously designed the Guggenheim Museum in Bilboa, Spain and the Walt Disney Concert Hall in LA. He uses custom architecture software designed by his in-house team

The news comes just a month after Facebook opened its first international engineering office in London. This joined Facebook’s 18 or so other international officies in Hyderabad, Tokyo, Auckland, and the international headquarters in Dublin. Facebook’s offices in the states include engineering and ads hubs in Seattle, New York, and Austin, plus data centers in Oregon, North Carolina, and Virginia.

Facebook announced the Menlo Park headquarters now at 1 Hacker Way, formerly the Sun Microsystems campus, in February 2011. At the time it noted it had also purchased the 22 acre lot across the highway, with plans to fix it up when it needed the space. That time is fast approaching as ground will break on the construction of the west campus in a few months.

And while it might not be as nerdy as the 42-foot wide QR code on the top of the main campus, the idea of taking a stroll through a rooftop tree garden to help your brain work through a tough coding problem sounds pretty awesome.