These holidays are being quite kind to Apple as after over a year and a half of investigating, the US ITC (International Trade Commission) has ruled that HTC has indeed violated two of its patents. According to the ITC ruling, HTC is infringing on patents No. 5,946,647 which covering a 'system and method for performing an action on a structure in computer-generated data' and No. 6,343, 263 relating to a 'real-time signal processing system for serially transmitted data'.

As a result of this decision the ITC will be issuing an exclusion order (beginning April 19, 2012) that will prevent US imports of infringing HTC Android devices (the ITC didn't specify which products are affected by this).

Issues of labour-welfare and ethical-sourcing are back to haunt Apple, as one of its key foundry partners, Pegatron, reported an explosion at its facilities of Riteng Computer Accessory Company, Shanghai. The explosion injured 57 workers in all, hospitalising 23, while leaving 34 more with minor injuries. No deaths are reported so far. This facility manufactures the aluminum bodies of iPad 2, the incident is similar in nature to a previous one earlier this year, caused by improper exhaustion of combustible bi-products.

Pegatron CFO Charles Lin confirmed to the press, the number of people injured, the extant of their injuries, and what is being done. He went on to detail the current state of the facility. "The factory has not started operations yet. Part of the facility is still under pre-operation inspection and part is running trial production." Meanwhile, Apple expressed its condolences. In a statement, it said "Our hearts go out to the people who were hurt in Songjiang. We are working closely with Pegatron to understand the cause of this accident." This incident could affect supply of iPad 2.

Corsair, a worldwide designer and supplier of high-performance components to the PC gaming hardware market, today announced of 8GB and 16GB DDR3 memory upgrade kits for Apple Mac desktop and laptop systems.

Mac systems with two memory slots have traditionally been limited to only 8GB of memory. By increasing the individual module capacity to 8GB, Corsair's latest memory upgrade kits allow Mac owners to upgrade to 10GB, 12GB, or even 16GB of memory.

Apple sure knows how to surprise us when it comes to display advancements, be it its retina display on iPhone products, 2560 x 1440 pixels in 27-inch monitors (Apple was first to market with that density), or talk of 2048 x 1536 pixels native resolution with the next generation iPad. This latest news is bound to shock and awe. Apparently, Apple is working with upstream suppliers to develop a retina display for its Macbook Pro products. As early as in Q2 2012, Apple will launch a new Macbook Pro with 2880 x 1800 pixels (that's more pixels than even the costliest of today's 30-inch displays can manage). More importantly, it's a return to the 16:10 aspect ratio. It will achieve this without upscaling display dimensions. Meanwhile, Apple's PC competitors ASUS and Acer plan 1920 x 1080 display notebooks around that time.

These are some lively times at Apple's legal department. The company is locked in intellectual property disputes with multiple companies, in multiple countries. Some of these are familiar foes such as Motorola Mobility and Samsung, others regional and lesser-known. The one thing patent disputes do, to all parties involved in them, is dent PR. Every legal dispute attracts or at lease leaves scope for bad press, and more often shapes public opinion against the disputing parties.

Apple learned a new trick in the trade which at least two recent events with very different outcomes, may have helped shape. First, it recently thwarted display IP infringement claims by S3 Graphics thanks to timely help by GPU supplier AMD, and second, it suffered a setback with regards to some brand names claimed by Chinese company ProView. You see, the ups and downs of IP disputes can have some very varied effects on the company's image. Apple's new trick is simple: make a different company, with a much different brand name, to handle those IP disputes on behalf of Apple, so brand Apple isn't directly dragged into the mess. Enter your friendly neighbourhood patent-troll, Digitude.

Cupertino-based Apple Inc. has just announced that its Mac-friendly app store has managed to surpass 100 million downloads in less than a year. Launched on January 6th (2011), the Mac App Store is accessible to Mac OS X Snow Leopard and Mac OS X Lion users, and offers thousands of free and paid apps covering Education, Games, Graphics & Design, Lifestyle, Productivity, Utilities and other categories. In contrast, the iOS-only App Store has over 500,000 apps and has surpassed 18 billion downloads.

"In just three years the App Store changed how people get mobile apps, and now the Mac App Store is changing the traditional PC software industry," said Philip Schiller, Apple's senior vice president of Worldwide Marketing. "With more than 100 million downloads in less than a year, the Mac App Store is the largest and fastest growing PC software store in the world."

For more info about the Mac App Store just see Apple's website.

In a development that threatens to prevent Apple's European sales arm from selling 3G-enabled iPad and iPhone products, Motorola Mobility won an injunction against it in Germany. On the table was a key Motorola patent related to cellular data transmission, which is part of wireless data transmission standards that are obstructed by an agreement to license it on "fair, reasonable, and non-discriminatory" (FRAND) terms.

Motorola claimed that Apple was infringing this patent, to which, Apple responded by putting up a FRAND defense (counter-accusing the patent-holder of not being fair/reasonable/non-discriminatory with licensing a patent that makes up an industry standard. The court ruling in Germany stated that raising a FRAND defense against standards-essential patent infringement claims could be a difficult proposition, and may force Apple to accept Motorola's licensing terms-FRAND or not-for "past infringement." Apple won similar FRAND defenses against Samsung, in the past, in other European countries such as The Netherlands and France.

Well, it looks like the Windows 8 flagship feature, the Metro interface, isn't going down too well with PC users, according to leading market research firm International Data Corp. On top of that, there aren't really any killer improvements in the operating system that make shelling out for a new version compelling. The Metro interface, while suited to a smartphone or tablet, really doesn't do anything for a desktop PC, because it's operation is very restrictive compared to the standard desktop that's been around for over 15 years on Windows and is now a very refined and sophisticated user interface. Also, the fact that many organizations have only recently migrated to Windows 7 and are not looking to spend money in the current economic climate and go through the pains of another upgrade cycle again isn't helping. The poor economy looks like it will hamper sales of Windows 8 on its target devices, tablets, too. Finally, IDC said: "(T)here will be intense scrutiny on Microsoft's ability to deliver a successful tablet experience aboard both x86-based tablets and on devices running ARM processors. This is a tall order for Microsoft, and while the x86 tablet strategy makes sense as a transitional solution for today's PC users, it will be the ARM-based devices that need to shine and clear a high bar already set by Apple."

Barring the Mac, Apple's rather generic-sounding brand names have often invited trademark disputes. Be it Apple's now resolved dispute of the name "iPhone" with VoIP major Cisco, or its rather bizarre claim to the word "App" that was stonewalled by a variety of industry majors such as Amazon.com, which it is likely to lose. A relatively unheard of brand name dispute has been over the name "iPad", which Chinese company Proview Technology claims to have been holding since before the release of the popular tablet device.

The Shenzhen-based company got an immediate respite when the Shenzhen Intermediate People's Court rejected Apple's claims to the iPad moniker. Apple had almost brokered a deal with the Taiwan branch of Proview, which the Shenzhen HQ rejected, sending the two in a legal tussle over the brand name. Proview claims to be holding the iPad brand name since the year 2000. Proview plans to take this minor yet significant legal victory forward in seeking an immediate halt of sales of iPad (at least in China), and about US $1.5 billion in damages from Apple, which it can appeal against the verdict in a higher court.

Over a thousand workers in Shenzhen, China went on strike against their employer Jingmo Electronics Corporation (JEC), which is a supplier for companies like Apple and IBM. According to China Labor Watch (CLW), a New York-based watchdog of labor rights in China, and an advocate of ethical consumerism, "the motivation behind the strike was the factory's decision to make workers work nightly overtime." CLW goes on to add that the workers had been asked to work from 6 PM to midnight and sometimes even up to 2 AM on top of the usual four to four and a half day shifts from 7 AM to 11.30 or 1 PM to 5 PM.

CLW goes on to add that the workers "commonly worked anywhere from 100 to 200 hours of overtime a month," but the factory refused to let them put the hours in at the weekend because under Chinese labour law JEC would have had to double the wages. Authorities dispatched several hundred riot policemen to tackle striking workers. CLW called upon Apple and IBM to assume responsibility of for these workers' dissatisfaction, and work with JEC to improve the working conditions in the factory. Responding to the strike, JEC agreed to cut the average overtime hours, and resume operations soon.

Love 'em or hate 'em, Apple has a habit of trend setting. When Apple released their original iPad, it had a meager low resolution 1024 x 768 resolution display which was scoffed at by many, yet it didn't stop it from being a runaway success. And the iPad 2 didn't improve on it, either - perhaps surprisingly, since the original formula worked so well. However, in early 2012 Apple plans to introduce its new Retina display equipped next generation iPads, offering a very high 2048 x 1536 resolution. On the 9.7" screen of an iPad, this would make the pixels all but invisible to anyone, except for those with the sharpest of 20-20 vision, giving the screen superb clarity and wow factor. These will be incorporated into its next generation iPads, which is expected to push the PC notebook market to use higher resolution displays too in order to remain competitive.

The world of corporate disputes is a funny one. S3 Graphics filed a compliant against Apple for infringing four of its patents related to its graphics IP. Later this year, ITC announced a verdict ruling in favor of S3 Graphics around the same time S3 Graphics was being purchased by HTC. In a spectacular turn of events, on November 21, ITC took a U-turn by overruling the favorable verdict and dismissing S3 Graphics' case.

Commentators note that AMD's intervention into the case as a non-party may have played a key role, AMD claimed the patents in question to be its own, later Apple sought dismissal of the case based on the grounds of AMD's claims. ITC denied AMD and Apple requests to publicly disclose the details of the patents in question, so the the public would't find out what patent claims were used against S3 Graphics. AMD is currently the principal supplier of GPUs for Apple's Mac products, though there are now rumors that with the next generation of Macs, Apple could change its GPU supplier to AMD's rival NVIDIA.

Apple today named Arthur D. Levinson, Ph. D. as the Company's non-executive Chairman of the Board. Levinson has been a co-lead director of Apple's board since 2005, has served on all three board committees- audit and finance, nominating and corporate governance, and compensation-and will continue to serve on the audit committee. Apple also announced that Robert A. Iger, President and Chief Executive Officer of The Walt Disney Company, will join Apple's board and will serve on the audit committee.

"Art has made enormous contributions to Apple since he joined the board in 2000," said Tim Cook, Apple's CEO. "He has been our longest serving co-lead director, and his insight and leadership are incredibly valuable to Apple, our employees and our shareholders."

Iomega, an EMC company and a global leader in data protection, today announced the completion of its new Mac-oriented hard drive line with the launch of the new Iomega eGo Mac Edition Portable Hard Drive, an on-the-go stylish drive with plenty of storage that can withstand drops and still travel easily in a pocketbook or briefcase.

Combined with the recent launches of the Iomega Helium Portable Hard Drive and the Iomega Mac Companion Hard Drive, Iomega now has a complete new line of portable and desktop hard drives for Mac users. All three new drives are formatted HFS+ for compatibility with Mac computers right out of the box, making them perfect complements to today's Apple notebooks and desktops.

Patriot Memory, a global pioneer in high-performance memory, NAND flash, storage, and enthusiast computer products, today announces their new Mac Series XT SSDs and SODIMM lines. Optimized for the latest and popular Mac products, these premium offerings are geared for power users demanding the latest storage and memory technology to increase productivity and performance.

"Patriot Memory's Mac Series XT SSDs will provide users with a great alternative to traditional mechanical hard drives", says William Lai, Patriot Memory's Product Manager. "Offering an easy solid state and memory upgrade, Mac users will be able to maximize their computing experience almost instantly."

Hot on the heels of our previous story of Apple Macs falling prey to a DDoS trojan, we now have another Mac trojan come on the market, as explained by Sophos. Yes, the Apple platform must indeed be becoming more popular to get this one. It's an unfortunate fact of life that the popularity of any computing platform, including smartphones, can be judged by the number of criminals who will attack it. This little nasty, called OSX/Miner-D or 'DevilRobber', hijacks Mac OS X to perform various tricks, which include minting Bitcoins (the virtual and now virtually worthless currency) stealing usernames and passwords (of course) taking screenshots and stealing the victim's Bitcoin wallet while it's at it, if there is one. And for good measure:

it runs a script that copies information to a file called dump.txt regarding truecrypt data, Vidalia (TOR plugin for Firefox), your Safari browsing history, and .bash_history.

So, now the criminals also know about all the sites one has visited, eroding user privacy even more. It looks like this malware has covered all the bases, but wait, there's more.

In late September, S3 Graphics, still a subsidiary of VIA Technology and soon to be transferred to HTC, dragged Apple Inc. to court over charges of patent infringement related to graphics component IP of nearly all Apple products, including iPhone, iPad, iPod touch, and iMac. Last month, AMD, now a main supplier of graphics processors for Apple's Mac products, intervened with a counter lawsuit claiming it owned the patents that S3 has asserted against Apple, and sought an immediate halt to S3's patent case against Apple.

In an October 28 filing with the ITC, S3 says that a federal judge struck down a request for an immediate halt into S3's case, but the Commission is scheduled to release its final decision on November 15. The case struck down is (rather was) Advanced Micro Devices Inc. v. S3 Graphics Co., 11cv965, U.S. District Court for the District of Delaware (Wilmington).

For years Apple Mac users have felt smug that their computers didn't need any security software installed, unlike their poor Windows counterparts which were always coming down with a cold. This they believed is because their beloved operating system is inherently more secure than leaky old Windows (which it used to be). This smug feeling has been especially strong over the last decade, since the release of Mac OS X in 2001, as it's based on Unix which has always had security baked into it. They therefore felt safe from the multitude of viruses, keyloggers, trojans and various other nasties that the bad guys like to infect operating systems with. However, there have been successful attacks in the past on every Apple Mac operating system since the first one in 1984, just nowhere near the number of attacks as on Windows. Of course, what Windows users, Linux users and other OS users have also been saying for years is that Apple's operating systems simply weren't popular enough to bother with and aren't particularly secure. After all, the hackers do this for fun and financial profit, so why aim for a little teeny tiny target, when you can aim for a big, fat one like Windows?

Apple today announced financial results for its fiscal 2011 fourth quarter ended September 24, 2011. The Company posted quarterly revenue of $28.27 billion and quarterly net profit of $6.62 billion, or $7.05 per diluted share. These results compare to revenue of $20.34 billion and net quarterly profit of $4.31 billion, or $4.64 per diluted share, in the year-ago quarter. Gross margin was 40.3 percent compared to 36.9 percent in the year-ago quarter. International sales accounted for 63 percent of the quarter's revenue.

The Company sold 17.07 million iPhones in the quarter, representing 21 percent unit growth over the year-ago quarter. Apple sold 11.12 million iPads during the quarter, a 166 percent unit increase over the year-ago quarter. The Company sold 4.89 million Macs during the quarter, a 26 percent unit increase over the year-ago quarter. Apple sold 6.62 million iPods, a 27 percent unit decline from the year-ago quarter.

You've got to laugh at the hypocrisy of big companies sometimes. It's a well known fact that Apple operates a very closed and controlling walled garden eco system with all of their products, courtesy of the late Steve Jobs. Examples include the iPhone, which can only purchase apps from the official Apple apps store and the iPod, which can also only sync with iTunes, both due to deliberate vendor lock-in using a combination of hardware and software DRM (Digital Restrictions Management). Apple claims that this is to ensure a seamless, consistent and high quality user experience. Savvy users know this to be only half the story, instead it's there to shut out competition and lock you in to Apple for everything in order to charge high prices for allegedly "premium" product. The only way to avoid this, is to jailbreak the devices (break the DRM) which conveniently (for Apple) voids the warranty on these expensive gadgets. Thankfully, this process is no longer underground, due to a recent court ruling that said jailbreaking was legal, much to Apple's displeasure.

However, the equally closed Valve, with their Steam gaming platform and it's account-based DRM has accused Apple of being a closed system! They are also "concerned" about it. This happened in an interview between Bellevue-based Valve's Gabe Newell and leading games investor Ed Fries at the WTIA TechNW conference. This has been reported in The Seattle Times in Brier Dudley's blog.

A bright lamp in the information technology industry put out. Legendary industry pioneer and Apple co-founder Steve Jobs died. He was 56. His death was announced by Apple without giving a specific cause, though it is reported that Jobs had been battling cancer since 2004. "We are deeply saddened to announce that Steve Jobs passed away today," the company said in a brief statement. "Steve's brilliance, passion and energy were the source of countless innovations that enrich and improve all of our lives. The world is immeasurably better because of Steve," it added. TechPowerUp joins the rest of the industry in mourning this great loss.

Microsoft's first attempt at replacing XP with Vista failed miserably, since Vista had many initial issues and was so poorly received, that the brand was irrevocably tarnished. However, Microsoft's second attempt with Windows 7 has been very successful, since it has always worked very well, even during its development phase and is well liked. Now, if figures from Stat Counter are to be believed, then Windows 7's share of the market has climbed to 41.64%, while Windows XP has dropped to 37.20% - still a hefty percentage and one that Microsoft will be keen to see drop to zero as soon as possible. This means that Windows 7 is now finally the most popular Windows version after almost two years since the retail version was released on October 22nd 2009, with Windows 8 due out likely in summer 2012.

In a court ruling on Wednesday 28th September 2011, Apple's assertion that any kind of 'Hackintosh' was, is and always will be, illegal, was conclusively affirmed. This will bring great dismay to Psystar customers, potential purchasers of other "alternative Macs" and the many PC enthusiasts who want to run the latest Apple OS on the high-spec rigs they've built themselves from hand-picked components. This ruling has unfortunately sounded the death knell for enterprising and surprisingly plucky upstart outfit, Psystar, who showed what could be possible with an open mind and technical skill. UPDATE after the jump.

Soon to be subsidiary of HTC, currently held by VIA Technologies, S3 Graphics, fired off two more patent infringement charges against Apple Inc. Last week, VIA Technologies had sued Apple for alleged infringement of two of its CPU-related patents. These fresh charges by S3 Graphics, like those by VIA, seek sales ban on iPhone, iPad, iPod Touch, as well as Mac in the United States. The complaints were filed with the US ITC (United States International Trade Commission), and a district court in Delaware.

S3 Graphics patents that the company claims Apple infringed are: #5945997 "block- and band-oriented traversal in three-dimensional triangle rendering," and #5581279 "VGA controller circuitry". If S3 Graphics pulls it off, it could inflict significant damage on Apple's sales, as the company heads towards the winter shopping season.

Taiwan-based low-power computing technology company VIA sought a sales ban of Apple's iPhone and iPad, for what it alleges to be patent infringements of its microprocessor intellectual property. VIA sought a jury trial along with a sales ban on Apple products containing the inventions in the U.S., according to a complaint filed yesterday in federal court in Wilmington, Delaware.

In its complaint VIA says "The products at issue generally concern microprocessors included in a variety of electronic products such as certain smartphones, tablet computers, portable media players and other computing devices." This specifically impinges upon Apple's cash-cow products, the iPhone and iPad, and it isn't coming at a good time because Apple, according to market analyst Gartner Inc., will dominate tablet sales this holiday season. The case is Via Technologies v. Apple Inc. (AAPL), U.S. District Court, District of Delaware (Wilmington).