MacRumors

Last month, Apple filed suit against Samsung, claiming patent and trademark infringement from Samsung having allegedly copied Apple's "technology, user interface and innovative style" in its Galaxy line of smartphones and tablets.

Courthouse News Service now reports that a federal judge has given Samsung 30 days in which to provide Apple with samples of a number of unreleased hardware models in order to assist Apple with determining whether it would like to request an early injunction to halt the claimed infringement.

Samsung Electronics was told Wednesday to fork over five of its not-yet-released mobile phones to Apple. Sitting in Federal Court in San Jose, Judge Lucy Koh ruled that Apple deserves the quick production of cell phone samples three months earlier than usual in the litigation process, though she drew the line at requiring testimony from Samsung executives.

"Apple has demonstrated good cause for some, limited expedited discovery," said Koh. "While Apple has not yet filed a motion for preliminary injunction, courts have found that expedited discovery may be justified to allow a plaintiff to determine whether to seek an early injunction," said Koh.

The Samsung models in question include the Galaxy S2, Galaxy Tab 8.9, Galaxy Tab 10.1, Infuse 4G, and Droid Charge.

While the models have yet to be officially released to the public and Samsung has argued that examination of production samples that may not necessarily reflect final shipping versions is inappropriate, Koh noted that the argument is undermined by Samsung's publicity efforts that have seen images and even demo units handed out to members of the media. In one noteworthy example, 5,000 Galaxy Tab 10.1s were given away to attendees at the Google I/O conference earlier this month.

Eldar Murtazin, editor-in-chief of Russian mobile phone blog Mobile-Review today reported in a Tweet (via MacStories) that iOS 5 will not be compatible with the iPhone 3GS, limiting the next-generation operating system to the current iPhone and of course new models yet to come as far as the iPhone is concerned.

Just one comment. Apple iPhone 3Gs wont be upgradable to iOS 5.x. iPhone 4 will.

The information is unverified and it is unclear from where Murtazin obtained the information, but he does have a very solid reputation in the mobile phone rumor community. Murtazin does not, however, frequently report on Apple's plans.

iOS 4.0 was released last June with compatibility for the iPhone 3G, 3GS, and 4, although some of the iOS 4 features were not available on the older hardware. That fragmentation continued until Apple finally discontinued support for iPhone 3G updates with the release of iOS 4.3 earlier this year, leaving that device at a maximum operating system version of iOS 4.2.1.

Limiting iOS 5 to a minimum of iPhone 4 hardware would be a significant shift toward high-end hardware requirements, particularly considering that Apple still sells the iPhone 3GS. iOS 5 has, however, been reported to be a significant reworking of the company's mobile operating system, and Apple may simply feel that only the latest hardware (relatively speaking) will offer a satisfactory experience.

Research firm IHS iSuppli yesterday issued a report estimating the potential iPad 2 production loss due to the explosion at its Chengdu, China plant at up to 500,000 units. The estimated shortfall comes after Foxconn reportedly reassured suppliers that production will continue.

While most iPad 2 production takes place at another Foxconn facility in Shenzhen, that plant may not be able to compensate for all the lost output in the second quarter at the Chengdu site. The Shenzhen facility at present has capacity to produce 7.5 million units in the second quarter - iSuppli forecasts 7.4 million iPad 2 units will be shipped out during this period. To support these shipments, Foxconn must manufacture a larger quantity of devices, at between 7.8 and 8.1 million units during the second quarter. This means that Foxconn's shipments will fall short of expected levels by between 300,000 and 600,000 units in the second quarter.

Preliminary investigations into the cause of the blast have pinpointed a buildup of combustible dust in the facility's ventilation system, and The Wall Street Journal reports that Foxconn has temporarily shut down polishing workshops at all of its facilities for testing in order to ensure that similar explosions do not occur elsewhere. Three workers were killed and over a dozen others were injured in the Chengdu blast.

A spokesman for Hon Hai said the company's tests at the affected workshops could last two days. "The workshops could be back online as soon as they pass the test," he said.

Foxconn has indicated that it has ample supplies of polished parts to carry it through the brief shutdown, suggesting that the testing will have little impact on the company's production capacity. The same can not be said for the damaged Chengdu production lines, as it will undoubtedly take time to sort out the events and restart production. The company does, however, have significant flexibility with its huge number of production lines at a number of different facilities, and its ability to move quickly on construction projects means that it could have the Chengdu plant back up and running in relatively short order.

Late last week, we reported that despite having three of the four major labels on board with its plan for a cloud-based streaming service and the final label apparently close to signing a deal, Apple still needs to reach agreements with the music publishers before it can launch its service. At the time, we noted that the two sides were essentially on the same page, with only monetary compensation to be negotiated.

CNET now provides an update claiming that the two sides are actually quite close on the monetary issue, leaving only a small amount of negotiation. The report does caution, however, that unexpected delays can still pop up and that even seemingly simple negotiations can take significant amounts of time in the complex landscape of music sales.

Negotiations between Apple and music publishers have begun in earnest only recently but the amount of money that separates the two sides from reaching a deal is relatively small, according to two sources with knowledge of the talks. That said, these are cloud-licensing contracts, which are new and complex and there's still several ways Apple's service could be delayed, insiders say.

The report lays out how Apple and music publishers are having to forge into entirely new territory with their negotiations over cloud-based streaming services. Publishers are currently paid at a fixed rate of 9.1 cents per track sold either digitally or on physical media, a rate set by the U.S. Congress. Separate cloud streaming rights are not part of that package and thus Apple and the publishers have had to hash out new standards for the industry.

Reports indicate that labels and publishers are keen to have Apple launch its service quickly, looking to the service as another revenue-generating opportunity to help reverse declines in the industry and as a means to get Google and Amazon to reach similar agreements after those companies launched basic cloud services without the agreement of labels and publishers. That said, there is reportedly some tension between labels and publishers, with publishers apparently upset that labels have already claimed the vast majority of money Apple is prepared to pay for cloud streaming rights, leaving little for the publishers. The disagreements may primarily be posturing by the different parties, however, and thus it is likely that they can be overcome.

CNET does still expect Apple's cloud-based streaming service to debut at the company's Worldwide Developers Conference in San Francisco, an event that begins in just two weeks.

Apple.Pro publishes an unverified image of what claims to be the back cover of the iPhone 5. The shell is white with 2 distinct holes in it. One for the camera, and the other presumably for the camera flash. Apple.Pro can't verify the authenticity of the image. The origin of the image appears to be a microblogging site Weibo.

The image comes a week after the revelation of a iPhone 5 case which also had an extra hole that was believed to be for the camera flash. That case has since been removed from the original vendor site.

Parts like this, of course, are easy to fake, especially after the possibility of a separate camera flash was revealed last week. Still, we've frequently seen prototype parts leak out of China in the weeks to months before a new iPhone release.

As reported by The Loop, Apple has finally responded regarding developers being targeted by patent holding firm Lodsys with notices of infringement and demands for licensing. According to the report, Apple's General Counsel Bruce Sewell has sent a letter to Lodsys claiming that developers are "undisputedly licensed" for the patent in question.

"Apple is undisputedly licensed to these patents and the App Makers are protected by that license," wrote Bruce Sewell, Apple Senior Vice President and General Counsel.

While it is unclear exactly how Lodsys will respond to Apple's demands, it seems clear that Apple is taking steps to protect developers in its App Store ecosystem and will likely take the lead in any potential lawsuits filed over the issue.

Update: The Loop has updated its report with additional quotes from Apple's response to Lodsys:

"Thus the technology that is targeted in your notice letters is technology that Apple is expressly licensed under the Lodsys patents to offer to Apple's App Makers. These licensed products and services enable Apple's App Makers to communicate with end users through the use of Apple's own licensed hardware, software, APIs, memory, servers, and interfaces, including Apple's App Store. Because Apple is licensed under Lodsys' patents to offer such technology to its App Makers, the App Makers are entitled to use this technology free from any infringement claims by Lodsys."

Update 2: Macworld has now posted the full text of the letter from Apple to Lodsys, which concludes:

Apple requests that Lodsys immediately withdraw all notice letters sent to Apple App Makers and cease its false assertions that the App Makers’ use of licensed Apple products and services in any way constitute infringement of any Lodsys patent.

Square, the company that has brought the ability to accept credit cards for transactions to individuals and small businesses with a card reader dongle for iOS devices, today announced its next venture: "Square Register" for iPad. Seeking to replace traditional cash registers with iPads equipped with the new Square Register application, Square notes that the app will allow businesses to easily customize the register interface with their full list of products.

Analytics tools will allow businesses to see up-the-minute details on sales performance, broken down by any number of metrics to help businesses study sales trends. The Square Register functionality comes as an update to the iPad version of the company's universal App Store app.

From the customer perspective, Square is rolling out "Card Case", virtual business cards that allow customers to view details on their favorite businesses, directly accessing live-updated menus and product listings from the card as well as transaction histories with item-level detail.

Replacing loyalty cards and credit card payment methods, Square Cards will allow a customer to establish a relationship with a business and pay for goods without having to carry a wallet, a mechanism Square CEO Jack Dorsey likens to having a permanent tab opened with the business. Transaction confirmations and receipts are pushed to users' phones for record-tracking. Users can initiate a payment by activating the business's Square Card on their phone when within range of the business and then simply giving their name at the register to have the purchase charged to their account.

Square Register and Square Cards are rolling out now through 50 merchants located in New York City, San Francisco, Washington DC, St. Louis, and Los Angeles, with further expansion coming soon.

Last month, Amazon rolled out a promotion highlighting 69-cent new release tracks in its MP3 download store, an apparent effort to draw market share from Apple in the digital download market that has long been dominated by the iTunes Store. The pricing significantly undercuts Apple's own pricing, which typically comes in at $1.29 for popular new tracks.

Amazon has made another push today with a "Daily Deal" offering the new Lady Gaga album, "Born This Way", for only $0.99 through the Amazon MP3 Store. The special price is available for today only and compares to the $11.99 price point for the standard album in the iTunes Store, where an expanded edition is also available for $15.99.

Aside from Amazon's bargain basement pricing on what is expected to be a top-selling new release, the company is also using it as an opportunity to promote its new cloud-based storage service that will also be going up against Apple when it rolls out its own service in the near future. As noted on the Amazon MP3 Store and in promotional emails sent to some of its customers, purchase of the new Lady Gaga album, as with any other album, qualifies users for free upgrades to the 20 GB tier on Amazon Cloud Drive.

Amazon Cloud Drive offers 5 GB of storage space for free, with content purchased through the Amazon MP3 Store not counting toward that limit. The 20 GB tier is normally priced at $20 per year, but customers who purchase an album through the Amazon MP3 Store receive a free one-year upgrade to that level. Consequently, customers who do not have any interest in the Lady Gaga album may still opt to purchase the new release simply to receive the Amazon Cloud Drive storage upgrade for only 99 cents.

Last month, French researchers Jeremie Francone and Laurence Nigay posted a video showing off a method for using head tracking by a device's camera to simulate three-dimensional scenes for the iPad, a concept in which Apple has expressed some interest.

As noted by MacStories, a new demo app from Francone and Nigay known as i3D has appeared in the App Store, giving users the opportunity to test out the technology on their own devices.

i3D is a free universal app running on the iPad 2, iPhone 4, and fourth-generation iPod touch. It contains a sample video image displaying a bounding box as it tracks the user's head location, as well as five demos showing the simulated 3D perspective that can be generated using the tracking.

Digitimes reports that according to industry sources, Apple is planning to adopt a "curved cover glass" for its next generation iPhone.

Cover glass makers are reluctant to commit investment to the purchase of glass cutting equipment due to the high capital involved, said the sources.

According to those same sources, Apple has purchased 200-300 glass cutting machines to be used by glass makers.

There has been no timetable yet for the volume production of iPhone 5 as Apple is currently still working with related suppliers including those involved in cover glass, glass cutting, lamination and touch sensors to improve yield rates, the sources commented.

It's hard to say what type of design a "curved cover glass" iPhone would adopt. It would also fly against recent claims and beliefs that the iPhone 5 will adopt a generally similar-to the iPhone 4 form factor but with only minor modifications.

Apple has previously used curved glass in the previous generation iPod Nano. Image above from DailyMail.co.uk.

The Samsung Nexus S uses a concave curved screen. The reasoning behind the move was for comfort:

Well, our tipster tells us Samsung's been shopping this curved display technology to carriers for a while -- as early as CES at the beginning of this year behind closed doors -- claiming that its research showed such a design improved perceived usability over a perfectly flat display.

Earlier this year, reports surfaced claiming that Apple was pursuing a potential new retail store location in the historic Grand Central Terminal in Manhattan, a hub for both commuter and tourist activity. Claims had even suggested that the store could be the company's largest. But a few weeks later, word appeared claiming that Apple had backed out of its plans.

But according to The Wall Street Journal, Apple is indeed in discussions for a space in the terminal checking in at around 15,000 square feet, a fairly large store although not the company's largest.

The Metropolitan Transportation Authority is looking for new tenants for a marquee space in Grand Central Terminal, and computer giant Apple Inc. has expressed interest in putting a store there.

The agency is looking for a single renter for two adjacent balconies on the north and east sides of the terminal. It will issue a request for proposals Monday.

According to a spokesman for the Metropolitan Transportation Authority (MTA), the agency has spoken to Apple about the opening and is hoping that the company bids on the space.

The report hints that the MTA may be working specifically to find space for Apple, as successful restaurant Metrazur is one of the businesses closing to free up the space and the restaurant's owner suggests that he will be receiving a substantial buyout for agreeing to end his lease well before its 2019 expiration.

A new tenant would be required to pay Mr. Palmer a substantial sum of money to vacate his lease.

"It's an offer that's hard to refuse," said Mr. Palmer, who declined to put a number on it. "It's hard to compete with whatever that company might be that's taking the space."

Retail space in Grand Central Terminal is awarded through an open bidding process, meaning that Apple's official intent to bid on the space should become public as the selection process moves forward.

In line with our report from several days ago, Apple today updated its Apple Store application for iOS devices [App Store] with new support for build-to-order Mac customizations. The update also brings enhanced in-store capabilities to go along with other changes to the company's retail stores.

What's new

- Enhanced in-store mode lets you get help and support quickly when you're at an Apple Retail Store.
- The ability to custom-configure a new Mac with the options you want.

The Apple Store application is also now rolling out in a number of European countries. The app had been exclusive to the United States until today's update.

Unfortunately for iPad users, the Apple Store application is not yet universal and thus offers only a single view optimized for the screen size of the iPhone and iPod touch, although the app of course works on the iPad as well.

Beyond the obvious human toll of last week's Foxconn factory explosion, there's been speculation about how the incident may affect Apple's iPad 2 production.

Some analysts have already suggested that the production impact should be minimal, but now China Times is reporting more definitively that the iPad would not be affected based on comments from Foxconn to suppliers.

Sources said the explosion at Foxconn Technology Group’s Chengdu plant did not affect the assembly line of iPad. Foxconn assured major suppliers at an online meeting yesterday that under the principle of “orders placed and goods delivered as usual”, the production of iPad 2 would not be delayed and related iPhone devices and new iPad products would still be in mass production in the third quarter.

"Related iPhone devices and new iPad products" appears to be sufficiently vague, but Apple, of course, is expected to launch a new iPhone around September this year which is likely to be manufactured by Foxconn.

The explosion which rocked Foxconn's factory on Friday night killed 3 people and left 15 injured. Apple has issued a statement expressing their condolences to the victims and family and that they are investigating the event.