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The Apple vs Android war is far from over – in fact we have updates on the various legal conflicts between Apple and the main Android device makers on a regular basis – but today we hear that Motorola/Google has decided to withdraw its second complaint against Apple that was recently filed with the International Trade Commission.

FOSS Patents reports that Motorola filed the paperwork yesterday, but made it clear that there’s no settlement between the two parties, as the ITC has strict rules, requiring such settlements to be fully disclosed:

UNOPPOSED MOTION TO TERMINATE OF COMPLAINANTS MOTOROLA MOBILITY LLC, MOTOROLA MOBILITY IRELAND AND MOTOROLA MOBILITY INTERNATIONAL
Under 19 C.F.R. § 210.21(a), Complainants Motorola Mobility LLC, Motorola Mobility Ireland, and Motorola Mobility International Limited (collectively, ‘Motorola’) hereby move to terminate all claims in this investigation without prejudice based on Motorola’s withdrawal of the complaint, with Motorola and Apple each bearing their own costs and attorneys’ fees. There are no agreements between Motorola and Apple, written or oral, express or implied, concerning the subject matter of this investigation. Respondent Apple Inc. and the Office of Unfair Import Investigations Staff Attorney have confirmed that they do not oppose this motion.

Moreover, the publication reveals that in case of settlements, the cases get dismissed with prejudice, meaning that the parties can’t file the exact same complaints again. In this case however, Motorola could decide to refile its second claim against Apple at a latter date.
So why did Motorola/Google decide to abandon this fight only about a month after filing it? FOSS Patents presents several reasons that may have led to this unexpected decision. Maybe the fact that Judge Theodore Essex was appointed to the case, a judge who “doesn’t make things easy for complainants” and who was also in charge of a Microsoft ITC claim against Motorola, determined Motorola to back down. Or maybe it was the fact that Motorola needed more time to regroup and make sure it has all the proper documentation in order for the case:

Maybe Motorola realized that it proceeded too hastily with its initial complaint and that this could be outcome-determinative in Apple’s favor, especially with a very strict judge such as Mr. Essex. Maybe Motorola will refile its complaint once it has obtained all of the document. There could also be problems with the legal process involving some of the patents, so if Motorola reasserts some of these patents, it may actually decide not to pursue its claims concerning some others.

Or maybe, although highly unlikely, this could be “a unilateral goodwill gesture on Google’s part toward Apple if high-level settlement talks are progressing well.”
It’s worth noting that Motorola asserted seven non-standard-essential patents against Apple in this second ITC complaint, and that the investigation would have lasted well over a year, with ITC announcing only two weeks ago that it would formally investigate it.
As for the other ITC complaint filed by Motorola against the iPhone maker, the Commission dismissed three of the four patents in play and remanded the remaining one to a judge. A final ruling in that case will be made public only next April, once the investigation is complete. Comparatively, the second ITC complaint would have been solved in 2014.
Naturally, we’ll be back with more updates
The Apple vs Android war is far from over – in fact we have updates on the various legal conflicts between Apple and the main Android device makers on a regular basis – but today we hear that Motorola/Google has decided to withdraw its second complaint against Apple that was recently filed with the International Trade Commission.
FOSS Patents reports that Motorola filed the paperwork yesterday, but made it clear that there’s no settlement between the two parties, as the ITC has strict rules, requiring such settlements to be fully disclosed:

UNOPPOSED MOTION TO TERMINATE OF COMPLAINANTS MOTOROLA MOBILITY LLC, MOTOROLA MOBILITY IRELAND AND MOTOROLA MOBILITY INTERNATIONAL
Under 19 C.F.R. § 210.21(a), Complainants Motorola Mobility LLC, Motorola Mobility Ireland, and Motorola Mobility International Limited (collectively, ‘Motorola’) hereby move to terminate all claims in this investigation without prejudice based on Motorola’s withdrawal of the complaint, with Motorola and Apple each bearing their own costs and attorneys’ fees. There are no agreements between Motorola and Apple, written or oral, express or implied, concerning the subject matter of this investigation. Respondent Apple Inc. and the Office of Unfair Import Investigations Staff Attorney have confirmed that they do not oppose this motion.

Moreover, the publication reveals that in case of settlements, the cases get dismissed with prejudice, meaning that the parties can’t file the exact same complaints again. In this case however, Motorola could decide to refile its second claim against Apple at a latter date.
So why did Motorola/Google decide to abandon this fight only about a month after filing it? FOSS Patents presents several reasons that may have led to this unexpected decision. Maybe the fact that Judge Theodore Essex was appointed to the case, a judge who “doesn’t make things easy for complainants” and who was also in charge of a Microsoft ITC claim against Motorola, determined Motorola to back down. Or maybe it was the fact that Motorola needed more time to regroup and make sure it has all the proper documentation in order for the case:

Maybe Motorola realized that it proceeded too hastily with its initial complaint and that this could be outcome-determinative in Apple’s favor, especially with a very strict judge such as Mr. Essex. Maybe Motorola will refile its complaint once it has obtained all of the document. There could also be problems with the legal process involving some of the patents, so if Motorola reasserts some of these patents, it may actually decide not to pursue its claims concerning some others.

Or maybe, although highly unlikely, this could be “a unilateral goodwill gesture on Google’s part toward Apple if high-level settlement talks are progressing well.”
It’s worth noting that Motorola asserted seven non-standard-essential patents against Apple in this second ITC complaint, and that the investigation would have lasted well over a year, with ITC announcing only two weeks ago that it would formally investigate it.
As for the other ITC complaint filed by Motorola against the iPhone maker, the Commission dismissed three of the four patents in play and remanded the remaining one to a judge. A final ruling in that case will be made public only next April, once the investigation is complete. Comparatively, the second ITC complaint would have been solved in 2014.
Naturally, we’ll be back with more updates on Motorola’s legal actions against Apple once we find out more details about the matter.

There is a lot to love about the Samsung Galaxy Note 2. From its the massive and gorgeous display, to its great built-in software, or even the S Pen. Hey, maybe you just think it is sexy.
While some of these were also present in the OG Note, one of the most unique features making its way over to the Note 2 is known as multi-window. This new software feature allows you to run multiple apps in a split-screen mode, effectively taking multitasking to a whole new level. The only problem is that many European Galaxy Note 2 owners are reporting that the feature isn’t available on their new phablet.

What gives exactly? Normally, you long-press the back key to activate the split mode. Unfortunately, it seems that some international devices are running older firmware that doesn’t include this split-screen multitasking system. Reportedly, if you are running on N7100XXALIK and newer, you should be fine. Those with anything else are left in the dark for now.
Why not get all the phones running the correct firmware before shipping? Now that’s the mystery. It’s very possible that this was just an oversight on Samsung’s part. We also aren’t sure how many shipped devices are affected by this issue.
The good news is that firmware problems should be solvable with a future update, though it’s unclear when such a fix will arrive. Samsung has yet to comment on the issue, at least at the time of this writing. We’ll update this post as we learn more.
For those readers that already have an international Samsung Galaxy Note 2, is multi-window function working properly?

A few days ago, just after the iPhone 5 launch, we compared the new iOS device with the Galaxy S3 in a series of posts (drop test, video comparison, benchmarking results and display tests) and in most cases the iPhone 5 proved to be the better device.
Today we’re going to take another look at the display battle between the two. In our previous coverage, we showed you that the experts at DisplayMate concluded that the iPhone 5’s display is superior to the Galaxy S3’s but now we have a new report that says the opposite. Sort of.

A study conducted by IHS says that the Galaxy S3’s display is thinner and has a wider color gamut than the iPhone 5’s panel. The Galaxy S3 features a 1.1mm thick display capable of offering the full color gamut (NTSC standard) while the iPhone 5 has a 1.5mm thick display that is capable of offering just 72% of that full color gamut.
However, it’s not a clear win for the Galaxy S3, as IHS isn’t completely refuting DisplayMate’s findings. According to the survey, the iPhone 5 may offer a better performance thanks to “better calibration, higher brightness and superior power efficiency,” with Samsung’s display feeling “oversaturated and unrealistic.”

“Such improvements on the iPhone 5 are consistent with Apple’s philosophy of selecting features designed to yield profitable products that deliver a superior customer experience, rather than of providing technology for technology’s sake,” said Vinita Jakhanwal, an analyst at IHS.

The iPhone 5 offers a better pixel density (326 ppi vs 306 ppi) while the Galaxy S3 has the advantage of featuring true HD resolution (1280 x 720p vs 1136 x 640.) Choosing LCD over OLED could be an advantage for Apple as IHS expressed concern regarding the way organic materials age and OLED’s “power efficiency in the longer term,” according to Tech Crunch.
According to CNET, DisplayMate’s Raymond Soneira voiced his concerns against the findings of this IHS study, “arguing that the color gamut test IHS conducted was based off of an old standard that has led to incorrect conclusions.”
Ultimately, it’s down to end users to select their favorite kind of display, and smartphone. In fact, users may not even perceive during actual day-to-day smartphone use some of the differences presented by such expert studies. But that doesn’t mean we won’t see more such comparisons in the future, especially as next-gen devices from these two smartphone families come out.
A few days ago, just after the iPhone 5 launch, we compared the new iOS device with the Galaxy S3 in a series of posts (drop test, video comparison, benchmarking results and display tests) and in most cases the iPhone 5 proved to be the better device.
Today we’re going to take another look at the display battle between the two. In our previous coverage, we showed you that the experts at DisplayMate concluded that the iPhone 5’s display is superior to the Galaxy S3’s but now we have a new report that says the opposite. Sort of.
A study conducted by IHS says that the Galaxy S3’s display is thinner and has a wider color gamut than the iPhone 5’s panel. The Galaxy S3 features a 1.1mm thick display capable of offering the full color gamut (NTSC standard) while the iPhone 5 has a 1.5mm thick display that is capable of offering just 72% of that full color gamut.
However, it’s not a clear win for the Galaxy S3, as IHS isn’t completely refuting DisplayMate’s findings. According to the survey, the iPhone 5 may offer a better performance thanks to “better calibration, higher brightness and superior power efficiency,” with Samsung’s display feeling “oversaturated and unrealistic.”

“Such improvements on the iPhone 5 are consistent with Apple’s philosophy of selecting features designed to yield profitable products that deliver a superior customer experience, rather than of providing technology for technology’s sake,” said Vinita Jakhanwal, an analyst at IHS.

The iPhone 5 offers a better pixel density (326 ppi vs 306 ppi) while the Galaxy S3 has the advantage of featuring true HD resolution (1280 x 720p vs 1136 x 640.) Choosing LCD over OLED could be an advantage for Apple as IHS expressed concern regarding the way organic materials age and OLED’s “power efficiency in the longer term,” according to Tech Crunch.
According to CNET, DisplayMate’s Raymond Soneira voiced his concerns against the findings of this IHS study, “arguing that the color gamut test IHS conducted was based off of an old standard that has led to incorrect conclusions.”
Ultimately, it’s down to end users to select their favorite kind of display, and smartphone. In fact, users may not even perceive during actual day-to-day smartphone use some of the differences presented by such expert studies. But that doesn’t mean we won’t see more such comparisons in the future, especially as next-gen devices from these two smartphone families come out.

A short time back, we brought you news that the HTC Incredible S was officially updated to Ice Cream Sandwich. Even though the flavor of the season is Jelly Bean, getting updated to Ice Cream Sandwich is still better than being left on Gingerbread. It has been a few months, but HTC has finally released the update for the HTC Incredible S to their developer site.

With the release, you can find releases for three different variations of the HTC Incredible S ICS update. One is for Canada, one is for Asia, and the last is for LATAM which presumably means Latin America. It is possible to flash these on the Incredible S from other regions, but it is not recommended.
Perhaps the most unusual fact about the release is that these all come in .exe format. Usually a HTC RUU comes in a zip file that is flashed from the bootloader. These are different. In order to use these to update, you plug your phone in and run the executable on your computer.

What comes in the HTC Incredible S update?

The features are the same as the OTA update from a few months back. Even the version numbers should be pretty much identical. Except this time, you can update without a data connection. So you can expect all the features that come with getting Ice Cream Sandwich and Sense 3.6. This includes a new HBoot version and a new radio version.
For many, taking the update may not be a good idea. If you have your bootloader unlocked with Revolutionary, then you will lose S-Off if you flash the update. This was also the reason why many didn’t accept the OTA update. So if you are rooted with a S-Off bootloader, you may want to wait for developers to create a version that won’t update your bootloader as well.
If you own the HTC Incredible S and want to update to ICS and Sense 3.6, then this is a marvelous release. However, if you’re rooted and your bootloader is unlocked, you may be better off waiting until developers release some custom ROMs instead. Aside from retaining an unlocked bootloader, developer-made ROMs are often modded and tweaked to perform better as well.
People looking to download the update can find it at the HTCDev website. Is anyone going to use this to get updated? Let us know!

A portable phone charger is one of those items you don’t think you need until you actually need it. In some cases you can plan for it, such as when you go camping. In other cases, it isn’t that easy. Like when there is an unexpected land hurricane that knocks out your power for a week. With unexpected inconveniences like that in mind, Veho has released their Veho Pebble Portable 5000mAH Battery Pack Charger on Amazon.

Long name aside, the Veho Pebble Battery Charger can be very useful in situations like those described above. It is essentially a 5000mAH battery that you can charge your device with. According to the product page on Amazon, the charger is capable of adding somewhere around 1,250 hours of standby to most smartphones. Or 125 hours of continuous music playback if you like spending your time without power listening to music.
The biggest feature of the Veho Pebble Battery Pack is its auto shut off feature. It is employed when your device is done charging to prevent problems like overcharging and short circuiting. This will also prevent the charger from using all its power on a charged phone.
In addition, the Veho Pebble Battery Pack comes with 12 charging tips. So it’s not just for Android phones. You can charge pretty much whatever you want to with it. Some examples from the product page include camcorders, cameras, Blackberries, and a Nintendo DS charger. Plus, the product comes with a neoprene case with a little pocket for storage.

In what situations would the Veho Pebble Battery Pack be useful?

As mentioned, unexpected natural disasters are definitely a time when you’d need some charging power. Or pretty much any activity or trip you plan on taking where phone charger access isn’t readily available. Will it get use every day? Probably not, but it has a very reasonable $29.99 price tag which is pretty cheap. Does the Veho Pebble Portable 5000MAH Battery Pack Charger sound like something you’d want to buy? For $30, it really isn’t a bad deal.

Sony’s flashy new James Bond phone is not the only handheld hitting AT&T shelves these days, with the Huawei Fusion 2 targeting an entirely different crowd. The petite 3.5-incher is certainly not destined for Martini drinking undercover government agents used to high-stakes poker games, but for the more modest tech enthusiasts clinging to every buck.

Available for $99.99 off-contract, the Fusion 2 is clearly one of the most affordable smartphones out there, although that’s basically its only selling point. The spec sheet is pretty dreadful and we can’t say we’re very impressed by the carrier’s prepaid plans either.
Sporting a 3.5-inch TFT capacitive touchscreen with a 320 x 480 pixels resolution, the Fusion 2 should have been, based on its name, an evolved version of last year’s Fusion. However, AT&T and Huawei seem to have a pretty weird idea of what evolution means, given that, in many ways, the new phone isn’t much better than the old one.
The “biggest” upgrade seems to be the single-core 800 MHz Qualcomm Snapdragon S1 MSM7225A processor. The CPU is coupled with an unsurprising 512 MB of RAM and a supposedly enhanced Adreno 200 GPU (don’t get your hopes up).

The rear-facing camera is no crowd-pleaser either. It comes with a 3.2 MP sensor, with no autofocus or flash. There’s also no front-facing webcam, while the 1,400 mAh battery is rated by AT&T at five hours of autonomy in talk time (expect more like four).
The 2 GB of on-board storage again sound very 2010-ish, but fortunately there is microSD support for expanding the memory with an additional 32 GB. The Fusion 2 also runs the old raggedy Android 2.3 Gingerbread, although you’d probably expect such a thing by now (we don’t even want to think how would have ICS worked on such an outdated hardware configuration).
The spec sheet is wrapped up with some absolute basics, including 3G, Wi-Fi, Bluetooth 2.1 and GPS. Gingerbread seems to be seriously tainted by a bunch of pre-loaded crap software, like AT&T Social Net, AT&T Mobile Care, and AT&T Navigator.
As for prepaid plans to use the device on, you can go for the new and rather pricey $65 monthly option that includes unlimited talk and text and only 1 GB of data, the more affordable $50 one with unlimited talk and text, or the dirt-cheap $25 monthly plan with 250 nationwide minutes, unlimited text and optional data packages. All three seem to have serious downsides, but if Ma Bell is your favorite wireless service provider and you’re not phased by low-end specs, you could make a decent deal with the Fusion 2.
Anyone thinking of getting the off-contract phone? Why? Why not?

Samsung’s recently announced Galaxy Note 2 phablet is already available in certain international markets, with the South Korean company expected to announce U.S. availability dates during its October 24 media event.
While we wait for the second-generation Samsung phablet to launch in several markets, we are already playing with the device. In fact, we have already shown you several videos starring the Galaxy Note 2, including the unboxing of the handset and our own drop test.

But we have also recorded a color comparison video for you, looking at the two Galaxy Note 2 versions that you’ll be able to soon purchase. In case you don’t know it already, there are only two official colors for the device, at least for now, Marble White and Titanium Gray.
As you can already expect, no matter what color option you choose, you’re still going to get the same Galaxy Note 2 specs and features. The lists included a 5.5-inch HD Super AMOLED display with 1280 x 720 resolution, 1.6GHZ quad-core processor, 2GB of RAM, 16/32/64GB of memory upgradeable via microSD up to 64GB, 8-megapixel camera with auto-focus and full HD video recording, 1.9-megapixel front-facing camera, 4G LTE support where available and Android 4.1 Jelly Bean under the hood with plenty of S Pen optimized apps.
Getting back to color options, Titanium Gray seems to be most popular with the crowds, but we’re definitely interested to hear what version you prefer most – check out our poll below. We’ll also add that both Marble White and Titanium Gray are options available for the Galaxy Note 2’s older brother, the Galaxy S3.

The latter launched initially in two color options as well, Marble White and Pebble Blue, but Samsung release a variety of other case choices for Galaxy S3 buyers in recent months. The list includes Titanium Grey, Garnet Red, Amber Brown and Sapphire Black, although we have no idea whether the same hues will be available for the Galaxy Note 2 at a later date.