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We've covered in too much detail how it's some sort of "open season" on Vonage when it comes to VoIP patents. After dealing with ridiculous and expensive patent lawsuits from companies who failed to actually innovate in the same way Vonage did, the company was pressured by Wall Street to quickly settle the various patent lawsuits filed against the company. Of course, rather than settle matters, that simply opened the door for other companies to go searching through their patent portfolios to see if there was anything they could sue Vonage over. Indeed, following those settlements it didn't take long for AT&T to dig up a patent and sue -- which was quickly settled as well. Thought things were over? No such luck. Nortel just showed up last month to sue and it took all of about a week and a half for Vonage to settle that case as well.

The Nortel case is slightly different because Vonage actually already had a patent infringement lawsuit going against Nortel, but it wasn't really initiated by Vonage. Instead, it had been initiated by a patent holding firm that Vonage bought in 2006. The end result of the settlement doesn't involve money changing hands, but just a cross licensing agreement for the patents. So what's the big lesson that Vonage and others have learned from this? It's certainly got nothing to do with innovating. It's to hoard as many patents as possible so that you have your own nuclear stockpile for when someone else sues you. Want to know why the USPTO is overwhelmed? It's not because there aren't enough examiners (as some will claim) or that there aren't enough funds. It's because the way the system now works is that you are supposed to file patents on every tiny little advancement so you can use it to protect yourself against lawsuits from everyone else. That's not about innovation. It's about waste. In the meantime, since it's still open season at Vonage, who's going to be next? There are a ton of other patents in the VoIP space that can surely be used in a lawsuit, right?

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Small and light enough for a shirt pocket, Samsung's Helix YX-M1 is a one-stop audio entertainment center with an XM radio, a digital music player, and room for 50 hours of tunes, but it comes up short on battery life.

This raw work-flow application isn't the Holy Grail many hoped it would be, but Apple Aperture 1.5 could make life easier for photographers who need to cull, retouch, and output large numbers of photographs quickly and efficiently.



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Jazz is characterized by democratic group improvisation, so it's natural that artists like the Brooklyn-born pianist//keyboardist/composer Kenny Werner offer insightful and inventive critiques on American democratic society. On his Blue Note debut, Werner's impressive "cabinet" includes trumpeter/cornetist Dave Douglas, drummer Brian Blade, bassist Scott Colley, and saxophonist/clarinetist Chris Potter. With Tower of Power's Lenny Picket in the production chair, Werner's take on the unreality of American life is manifested in techno-savvy computer grooves, acoustic swing, strong contrapuntal exchanges, and genre-bending idioms. "Lo's Garden," "Inaugural Balls," "New Amsterdam," and "Lawn Chairs (and Other Foreign Policy)" are syncopated soapboxes ringing with Kraftwerk/James Brown/Herbie Hancock Headhunter-type rhythms and angular melodies, contrasted by the mournful aura of "The 13th Day," written for his late daughter, and "Kothbiro," from the film The Constant Gardener. Werner's bop, beats, and bytes will live on long after the polls close. --Eugene Holley, Jr.
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Originally recorded in 1989, Phish's second record is a brilliant blend of whimsy and wisdom that served notice to the world: these boys are tough to peg. "The Squirming Coil" is arena-rock bluster, "Reba" is winding art rock, "My Sweet One" is quick bluegrass, "Split Open and Melt" is a funky workout, "Oh Kee Pa Ceremony" is jazzed-up country boogie, "Lawn Boy" is lounge jazz, and "Bouncing Around the Room" is irresistible pop. Add to that "Run Like an Antelope," one of their most successful twisting-and-turning instrumental jams, and you have an eclectic yet digestible smorgasbord of styles. What saves Phish from crumbling under their own weight? A palpable sense of playfulness and sarcasm and musicianship that is both loose and demanding. --Marc Greilsamer
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Sales of semiconductors in November indicate that consumer products such as LCD (liquid crystal display) TVs, digital music players, and other devices sold well during the holidays, the Semiconductor Industry Association (SIA) said Monday.

November chip sales rose 2.3 percent year-on-year to $23.1 billion, the SIA said.

Unit demand has far outpaced last year. But falling chip prices have hurt industry revenue, the chip association said. For example, DRAM (dynamic RAM) bit shipments grew 25 percent in the three months through mid-December, but average selling prices have declined 20 percent over the same period.

The association also noted that rising energy prices and concerns about the sub-prime lending issue in the U.S. do not appear to have had a significant impact on consumer spending for the holidays, the SIA said. The group reiterated its forecast that worldwide semiconductor sales will reach a new record in 2007. But it will take a stronger than expected December selling season to reach the 3.8 percent growth goal the group had forecast earlier this year, the SIA said.

Investment banking firm Credit Suisse was not as optimistic as the SIA.

The November data was below normal seasonal trends, noted analyst John Pitzer, in a report on Monday. Even if December reaches its normal seasonal growth, 2007 industry revenue will only reach $255.7 billion, up 3.2 percent over last year. The growth percentage would fall short of the SIA's 3.8 percent target.

The slow November prompted Credit Suisse to lower its 2008 chip industry revenue forecast to 9.4 percent year-on-year growth, down from a previous target of 13 percent.


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