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2013年1月14日 星期一

專利戰鼓歇 HTC profit falls

 

上周FT社論說HTC近日股票漲50% 是沒道理的
周永明在WSJ的訪談

周永明 Peter Chou 宏達電


TAIPEI—HTC Corp.'s net profit fell for the fifth consecutive quarter to its lowest level since 2006, and analysts expect the first quarter to remain challenging as competition in the smartphone market intensifies.

The Taiwanese smartphone maker, which first started selling HTC-branded phones in 2006 and is now the second-largest vendor of Android devices in the U.S., has recently experienced losses in smartphone market share as rivals Apple Inc. and Samsung Electronics Co. introduced products that were more popular.

 

 

 

As Apple's Battle With HTC Ends, Smartphone Patent Fights Continue

By NICK WINGFIELD
Apple's settlement of an Android-related lawsuit could be a sign that its chief wants to end the distraction of patent fights, but it does not necessarily portend a similar agreement with Samsung.

根據科技部落格The Verge以及Foss Patents的分析,蘋果與宏達電之所以願意達成和解,有以下原因:
1.宏達電不具威脅性:相對於三星,宏達電對蘋果而言已不具威脅性,蘋果沒有必要大費周章地與宏達電進行冗長的專利訴訟,不如快刀斬亂麻,達成和解,專注心力對付三星。
就蘋果而言,三星以及谷歌安卓系統是目前最為迫切的重大威脅;再其次,亞馬遜對蘋果的威脅大於宏達電,亞馬遜的平板電腦Kindle Fire以及線上零售業務(包括音樂與書籍)絕對是蘋果無法輕忽的對手。
2.聯合次要敵人打擊主要敵人:一旦宏達電得以合法使用蘋果的專利,便能大幅提升產品功能與競爭力,或許有機會與三星競一較高下,瓜分三星市佔率。
然而,在公開聲明中,並未提及確切的專利授權金額,也沒有詳細說明授權的專利範圍。依據聲明稿的內容,授權範圍「包括雙方現有以及未來擁有的專利」(the license extends to current and future patents held by both parties)。這段文字敘述背後可大有玄機,因為這當中並未包括「所有的」(all)這個字眼,也就是說並非是百分之百相互授權。到底蘋果給予宏達電的專利授權範圍有多大,這將關係到宏達電在智慧型手機市場上能取得多大優勢。
3.打官司對蘋果並沒有多大好處:看似氣勢凌人的蘋果,事實上並未討到多大好處。若仔細分析蘋果與宏達電這兩年的交手記錄,也就不難理解為何雙方願意握手言和。
2010年3月,蘋果向美國德拉瓦州地方法院以及美國國際貿易委員會控告宏達電總計侵犯20項專利。2011年11月,向美國國際貿易委員會提出訴訟的部分做出裁定,雖然最終判決蘋果獲得勝訴,但蘋果提出的10項侵權專利當中,僅有一項認定被侵權。

2010年5月,宏達電向美國國際貿易委員會控告蘋果侵犯5項專利。2012年2月,國際貿易委員會判決宏達電敗訴,蘋果並未侵權,這次的官司蘋果獲得了全面勝利。
2011年8月,宏達電控告蘋果侵犯4G/LTE無線通訊技術專利,儘管蘋果宣稱4G/LTE無線通訊技術專利是宏達電向美國通訊大廠ADC所購買,宏達電並未擁有這些專利的所有權,宏達電的目的只是為了控告蘋果侵權。但是,2012年7月,美國國際貿易委員會的行政法官表示,蘋果的論點並無法說服法官,因此未來宏達電很有可能會贏得這項官司。
除上述官司之外,其他多項專利訴訟案件仍在審理當中,至今沒有任何具體結果。整體看來,過去兩年多的專利訴訟,蘋果稱不上獲得任何重大勝利。與宏達電達成和解,對蘋果而言也是去除另一個重擔。
最後,讓人想追問的是:這次蘋果與宏達電的專利和解,是否意味著蘋果與三星之間的專利官司也有和解的可能?情況恐怕並沒有這麼樂觀。根據《華爾街日報》報導,蘇格蘭皇家銀行(RBS)分析師表示,三星對蘋果造成的威脅有增無減,因此蘋果不太可能與三星達成專利和解。如今蘋果與宏達電達成和解,便能更加集中火力,應付三星這難纏的對手。(吳凱琳編譯)

專利戰 宏達電蘋果大和解

撤所有訴訟 簽十年授權契約
〔記 者王憶紅/台北報導〕在宏達電(HTC)與蘋果公司(Apple)互告侵權的初判出爐前夕,雙方昨日聯合發表聲明已達成全球和解協議,撤銷雙方所有專利訴 訟,並簽訂為期十年的專利授權契約,授權範圍涵蓋雙方現有與未來所持有的專利。兩公司歷經兩年八個月的專利訴訟宣告圓滿落幕。
蘋果放小抓大 將繼續戰三星
蘋 果過去對宏達電提出的專利侵權訴訟,幾乎都是針對宏達電的Android平台手機,但蘋果昨只宣布與宏達電達成和解,而非Google Android陣營所有手機廠商。也就是說,蘋果與三星的專利訴訟將持續進行;今年八月二十四日美國加州法院陪審團裁定,三星侵犯蘋果六項專利,需賠償 十.五億美元,三星還在上訴中。也因此,市場分析,蘋果與宏達電達成專利訴訟和解的目的是「抓大放小」,既可藉此打擊三星氣勢,又可獲得宏達電的專利權利 金報酬。
宏達電創新研發力 和解共識
宏達電表示,蘋果會與宏達電達成和解共識,主要是尊重宏達電的創新研發能力。宏達電執行長周永明對於與Apple達成和解感到高興,他說,HTC得以更專注在創新而非訴訟上。Apple執行長Tim Cook也指出,很欣慰能與HTC達成和解,未來會繼續聚焦在產品創新。
周永明主導和解 王雪紅助陣
宏達電、蘋果相互專利訴訟二告案,原先預定在本月二十七及三十日宣布初判,但因雙方達成和解,所有的專利訴訟都撤銷,並將維持長達十年的和平共處。
在 與蘋果和解的過程中,宏達電董事長王雪紅、執行長周永明可說功不可沒,除周永明代表宏達電主導此次和解案,與Apple執行長Tim Cook當面達成共識,並做出共同聲明外,王雪紅親自陪同法務人員、律師團隊到美國出席每一場官司開庭,激勵相關人員信心,在美國參議院、眾議院及商務部 都可見到王雪紅的身影。
蘋果過去曾多次與對手簽訂專利授權協議,包括一九九七年與微軟簽訂專利授權協議,去年也曾與諾基亞Nokia和解,今年年初則和國內多點觸控的廠商義隆電和解。
纏訟近三年落幕 權利金保密
至於宏達電需支付多少權利金,宏達電指出,和解暨專利授權契約內容均保密,不能透露。但觀察宏達電新聞稿內有Apple執行長Tim Cook發言,顯示雙方是站在平等的地位上,因此外界預料,蘋果對宏達電要求的權利金應該不會過高。
法人分析,宏達電支付微軟Microsoft的專利授權每支約七到八美元,若以此觀察,宏達電對蘋果除了須一次支付的權利金外,每支手機支付權利金約在五到十美元間。
根據有跨國專利訴訟經驗的人士指出,蘋果與宏達電纏訟近三年,推估宏達電在律師費等相關費用至少花費十億新台幣以上,蘋果約六到七億新台幣,達成和解後,蘋果當然想要將相關訴訟費用拿回來,因此宏達電須支付給蘋果的權利金應該不少,推估每支至少在十到二十美元間。
宏達電指出,與蘋果達成專利訴訟和解後,第四季財測不變。宏達電第四季營收目標六百億元,季減十四.五%,毛利率二十三%,營業利益一%。





 2012.7.7
HTC's Profit Falls 58%
Taiwanese handset maker HTC said its unaudited second-quarter net profit fell 58% to $247 million due to intense competition and a slowing global economy. 

中國低端智能手機市場上演激烈爭奪戰
 除華為和中興等大型廠商外﹐
中國很多不知名小品牌也開始銷售廉價智能手機﹐
再加上眾多互聯網企業也準備推出智能手機﹐中國低端智能手機市場的競爭日趨激烈。蘋果谷歌逐鹿智能手機市場
微軟手機系統升級將對諾基亞造成巨大衝擊
中興通訊擬在中國銷售更多高端智能手機
中端價位令HTC手機在中國碰壁


HTC Resists Push Toward Low-End Phones
Smartphone maker HTC will stick to its strategy of selling medium- to high-price phones, where Apple and Samsung dominate.

 BBC

Taiwan's HTC faces tough challenges


 
Like all mobile phone makers, Taiwan's HTC has been hit by the global economic downturn, but it has also suffered from using the Android platform, which is used by a number of rivals and so leaves little scope for original features, Melissa Chau from IDC tells the BBC.
With greater resources at its disposal, Samsung has been able to steal a march on HTC using the same platform, she says.
HTC has also suffered by not focusing on either the high-end market or the budget market.
But the company is not a lost cause yet, she says, particularly if it concentrates on improving the user experience.


 中華民國資訊軟體協會於1983年8月26日成立[1],英文名稱為 Information Service Industry Association of R.O.C. (CISA)(簡稱CISA),現位於台灣台北市
(此會的Wikipedia 數年未更新)

日本的"情報服務產業"稍微接近information service
 中華民国情報サービス産業協会(中華民國資訊軟體協會)



ビジネスブレイン太田昭和、日系パッケージベンダー向け中国アジア進出支援サービスを開始

日系パッケージソフトウェアベンダー向け中国アジア進出支援サービスを開始
~中華民国情報サービス産業協会(CISA)と連携しNew Golden Triangle Serviceを発表~



HTC Sees Tough U.S. Market
HTC forecast lower revenue, indicating the tough environment in a smartphone market increasingly dominated by Apple and Samsung.
Taiwan smartphone maker HTC 1Q profit falls 70 percent amid competition
Washington Post
TAIPEI, TaiwanTaiwan smartphone maker HTC Corp. has reported a 70 percent drop in first quarter profit as it faces keener competition from Apple Inc. and Samsung Electronics Co. HTC said Friday that profit amounted to 4.5 billion New Taiwan dollars ...

HTC

The brand from nowhere

After a swift rise from anonymity to omnipresence, the Taiwanese mobile-phone firm has stumbled. Time to get back on track


“IDEAS so simple”, reads a cartoon on an elevator door, “that they feel like the completion of a thought,” continues its twin. Similar doodles adorn the walls of HTC’s headquarters in Taoyuan, near Taipei, and business cards carried by the smartphone-maker’s staff. John Wang, the chief marketing officer, lays out a set of four: concentric circles with a smiley in the middle, denoting a focus on the customer; an arrow from A to B, for simplicity; a magnet, for “hidden power”; and a parcel, for “pleasant surprises”.
Meaning what, in practice? Mr Wang shows off the camera in HTC’s new range of smartphones, the One series, which goes on sale this month. It is ready for use super-fast, focuses and shoots in a fifth of a second, takes photos in rapid succession and does away with cumbersome switching between stills and video: you can take snaps while filming or replaying. The engineering is hard, but hidden. The camera is easy to use. It is a pleasant surprise.

Last year, however, HTC produced an unpleasant one: sales and profits plummeted in the fourth quarter (see chart). In the first two months of 2012 revenue was a staggering 45% down on last year. In February Winston Yung, the chief financial officer, admitted that HTC had “dropped the ball”. Analysts mused that last year’s products were not its best: perhaps fast growth caused a loss of concentration. And the competition, from Apple’s iPhone 4S and Samsung’s Galaxy S2, was ferocious.
Mobile-phone brands can flower and fade quickly. On March 29th Research In Motion, the Canadian maker of the BlackBerry, the latest to wilt, announced a quarterly loss, the departure of senior executives and a “comprehensive review”.
No firm has bloomed as suddenly as HTC. Until 2006, when it started selling phones under its own name, it had no brand to speak of. Yet now only Apple and Samsung sell more “high-end” smartphones (costing $300 or more). In America it sold more smartphones than anybody else in the third quarter of 2011, according to Canalys, a research firm.

This month two things will happen that HTC hopes will revive it. It will start selling a new crop of phones and step up its efforts in China, a market it entered only in July 2010. IDC, a research firm, says China will become the world’s biggest market for smartphones this year. Others reckon it already is.
Founded in 1997, HTC began as one of many Taiwanese firms that design and make things that are sold under others’ brands—in its case, brands belonging to mobile-phone operators and computer-makers. In 2000 it produced the iPAQ, a personal digital assistant, for Compaq, a firm bought by Hewlett-Packard in 2002. HTC’s original name was High Tech Computer, which is as anonymous as it gets.
It won a reputation for excellent engineering. But it wanted more, and began to invest more in innovation before eventually creating its own brand. It set up a unit called MAGIC Labs, which was charged with coming up with lots of ideas, even if most were quickly discarded. (Mr Wang was its “chief innovation wizard”. He still has a few of those business cards, too.) From this came, notably, the HTC Touch, a touch-screen device that appeared in 2007, at about the same time as Apple’s first iPhone. Mr Wang admits to feeling “terrible” when the iPhone appeared, but he says he soon felt “at ease”. Because “HTC had a very weak brand back then”, take-up of the new phones would have been slower had Apple not made touch-screens cool.
Spectacular growth came hand in hand with that of Android, Google’s mobile operating system. HTC latched on to this early, making the first Android smartphones, despite an earlier tie-up with Microsoft. Like everyone else, it has caught shrapnel in the patent wars. In December America’s International Trade Commission ruled that some HTC devices had infringed an Apple patent and should be banned from America from April 19th. HTC says a redesign will deal with the objection.
Patent wars may not have halted it, but it has stumbled nonetheless. Pierre Ferragu of Sanford C. Bernstein, an investment bank, links its decline to the “tyranny of the flagship”: the tendency for top-of-the-range phones to scoop a disproportionate share of the market. Mr Ferragu reckons that in the fourth quarter of 2011 30% of volume, 52% of sales and 87% of operating profits were accounted for by iPhones and Samsung’s Galaxy S2 alone. He expects these ratios to fall and thinks that HTC is best placed to gain.
Mr Yung promised that growth would resume when new products appeared. There are reasons to be cheerful. The One phones were well received when HTC showed them off at Mobile World Congress, an industry jamboree, in Barcelona in February. Deals with 140 operators and distributors around the world should help get them into consumers’ hands.
In China, explains Ray Yam, the head of HTC’s business there, the company started later than in richer parts of the word largely because the country’s mobile infrastructure was iffy. These days 10-15% of users have 3G, a figure expected to rise rapidly; and more people have access to Wi-Fi, in public places if not at home. HTC has taken about 10% of the market for smartphones costing more than 2,000 yuan (about $300). It is time for a further push.
So HTC is launching its first national marketing campaign. It will also open many more “shops in shops”—booths run by manufacturers in electronics stores in which they jostle for custom. HTC has 2,300 so far; Mr Yam expects there to be 4,000 by the end of the year and 6,000-7,000 eventually. (He reckons Apple has 3,500 and that Nokia and Samsung have 9,000 each.) HTC is also introducing phones tailored for the Chinese market. Last month the Triumph, the first phone in China with the newest version of Windows, went on sale. Also coming is the Desire, which has the latest incarnation of Android and can switch between operators with incompatible standards.

Here’s To China
“This year is a very important one for HTC,” says Yan Siqing, chief operating officer of China Telling Telecom, which distributes around 15% of the country’s mobile phones. Mr Yan, whose firm works mainly with global brands, including HTC, says HTC grew rapidly in China last year, despite its late start, because it provided a “good user experience”. People know the brand and like the phones. “Its main competitor in [China] is Samsung. Apple is higher up and for now there’s no way to compete with them.” Nokia is another strong brand but its Windows phone is still new. That gives HTC “time for growth”.

HTC has a good chance of bouncing back this year. Ben Wood of CCS Insight, a research firm, thinks it “has pulled it back with these new products”, but he adds that the firm is only as good as its latest device. The market changes fast.

That means HTC will have to keep turning out hits. Others have seen it rise from anonymity to omnipresence and want to follow: Huawei and ZTE, two Chinese hopefuls, are far behind but hungry. HTC cannot yet rely on other sources of income: its tablet, the Flyer, has not yet flown. Apple, Samsung and the rest have alternative means of support. They also have many more billions to throw at marketing. HTC prefers to let its products do the talking. It seems confident that people will listen.






HTC just learned the hard way about overpaying for patents.
Back in July, the smartphone maker was looking for intellectual property to help defend itself in a patent battle with Apple. So after an initial determination by a U.S. International Trade Commission judge that Apple infringed on two patents held by S3 Graphics, HTC paid $300 million for S3. Trouble is, they apparently bought S3 before they knew the details. When those details were released, it turned out that it wasn't Apple's mobile devices that potentially infringed S3's patents but its Mac computers. And Monday, the ITC issued a final ruling saying that even Macs don't violate S3's patent rights.

HTC's acquisition of S3 has turned into a cautionary tale for others intent on scooping up patent portfolios. Google investors, in particular, still need to pay close attention as to whether Motorola Mobility's intellectual property was really worth the multibillion-dollar price tag that was paid by the search giant.

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