MacRumors

The legal battle between Apple and Samsung continues to rage in a number of different countries, and Samsung is going on the offensive with recent attempts to obtain testimony from Apple senior vice president Jony Ive and other designers, as well as to receive access to the iPhone 4S source code and the detail of Apple's agreements with carriers in Australia.

Samsung's planned depositions of Ive and Apple designers Doug Satzger, Shin Nishibori, and Christopher Stringer are part of the U.S. proceedings, with the testimony originally scheduled to be taken by November 1st. But due to scheduling conflicts and other issues, Samsung has filed a motion seeking to extend the timeframe until December 1st. From the motion:

Mr. Satzger is a former Apple employee represented by separate counsel. He is unable to sit for deposition before November 1 because, during the month of October, his lawyer has a full deposition schedule in a separate class action matter.

Mr. Nishibori is unable to sit for deposition before November 1 because he currently is on a voluntary leave of absence from Apple.

Mr. Ive is unable to sit for deposition before November 1 for personal reasons.

Mr. Stringer is unable to sit for deposition before November 1 because of work and scheduling conflicts.

Meanwhile, ZDNet reports on Samsung's legal request to have sales of the iPhone 4S banned in Australia, an effort that has seen the company seek access to the iPhone 4S source code and Apple's specific agreements with Australian carriers in order to make its full case before the court.

In particular, Samsung is keen to find out the amounts of subsidies paid by Telstra, Optus and Vodafone to Apple for selling the iPhones on plans.

[Samsung lawyer Cynthia Cochrane noted:] "If subsidies [are] given for the iPhone 4S, there are less to go around for my client's products."

...

[Apple lawyer Cameron] Moore also claimed that because Qualcomm developed the baseband chip in the iPhone 4S — the Qualcomm MDM6610 — and had licence agreements in place for Samsung patents, these agreements would apply to the iPhone 4S. Cochrane said that Samsung experts would need to see the source code for the iPhone 4S firmware to see how the chip interacts with the rest of the phone to determine whether the company's patent is being infringed.

Apple will certainly not give up the requested information willingly, viewing the source code and legal agreements as proprietary information. The judge in the case is Annabelle Bennett, who had previously awarded Apple an injunction barring the sale of Samsung's Galaxy Tab 10.1 in Australia and is now being asked to rule on a similar request from the other side.

Yesterday, we noted that Apple senior vice president for retail Ron Johnson had been removed from Apple's list of senior executives, in line with his previously-announced departure to become CEO of department store chain J.C. Penney. The transition occurred with no announcement from Apple regarding Johnson's successor.

Cult of Mac now reports that Steve Cano has been elevated to the position of senior vice president for retail, heading up the successful division as part of the executive leadership team.

Apple’s new retail boss boss isn’t just some suit, though. He’s one of the first retail employees Apple ever hired, a California surfer dude who has climbed from the sales floor to the very top rung of Apple management.

It’s a real rags-to-riches story that should be inspiration to every stressed out Apple Store sales associate or overworked Genius: your work can be noticed, and you too can go to the very top.

According to our source, Apple is replacing Johnson with his long-time lieutenant, Steve Cano.

According to the report, Cano began his career at Apple ten years ago as manager of the Palo Alto retail store, later moving to open the SoHo store in New York City. Consistent with previous reports of Apple looking for a candidate with international retail experience, Cano has spent the last seven years working on Apple's international retail efforts, first in Japan as manager of the Ginza store in Tokyo and then as regional director there. Cano then moved to London, where he has been serving as senior director of international retail for the last several years.

Update: Apple has issued a brief statement to Cult of Mac indicating that the search for Johnson's successor is still continuing.

Apple has gotten back to us a statement, reading: “The search for a replacement for Ron Johnson continues, and Apple has nothing to announce about this subject at this time.”

Last week, we noted that PBS is set to premiere a new documentary about Steve Jobs tonight, offering interviews with a number of prominent personalities with connections to Jobs. The documentary will also include brief clips from a rare 1994 interview in which Jobs talks about his views on life.

PBS has now released a pair of clips from the show ahead of its premiere, offering a glimpse at what viewers can expect later today.

In the first clip, author and Jobs' friend David Sheff describes a birthday party for Sean Lennon, son of John Lennon and Yoko Ono, where Jobs presented Sean with one of the first Macinstoshes to roll off the production line. While the revolutionary computer was a hit with many of the high-profile attendees at the party, Scheff focuses on artist Andy Warhol, who spent a few minutes with the machine under the instruction of Jobs.

The second clip sees The Wall Street Journal's Walt Mossberg and tech columnist and early Apple employee Robert X. Cringley discuss the complex relationship between Steve Jobs and Bill Gates, focusing on the historic All Things D interview that saw the two men on stage together back in 2007.

Airing on PBS stations around the United States under the title Steve Jobs – One Last Thing, the documentary is scheduled to premiere at 10:00 PM Eastern and Pacific, although viewers should check their local listings for details. The documentary will also premiere tonight in the UK on Channel 4 at 11:05 PM under the title Steve Jobs – iChanged the World.

MacRumors had previously revealed some interesting changes coming to Apple Retail stores this Thursday. These changes include an expansion of the ability to pick-up online orders at Apple Stores as well as a surprising new self-check out capability. These new features will be released as an update to the Apple Store App in the App Store.

As reported on BGR, the new system works as follows:

Online Orders with In Store Pickup and Returns

- For standard in-stock items, the product will become available to pickup in about 12 minutes. This provides the system enough time to send the order to the store, and allow Apple Retail employees to set aside items for pickup. Customers will be able to skip lines, and simply have to sign for them and leave.
- For build-to-order, engraved devices or other out-of-stock items, Apple will ship the items to your local Apple Store for free. Customers will receive a pick-up date and a push notification to the App will let you know when it has arrived. Again, 12 minutes from the push notification, the order will be ready for pickup
- Apple expects the majority of customers will eventually use in-store pick up for buying products.
- Customers will be able to return items purchased online to retail stores.

Self Check Out

This is an even more interesting feature that Apple is deploying that will help streamline the Apple retail experience. Apple will be allowing customers to use the Apple Store app to buy smaller items such as accessories while in the store. Customers won't have to even talk to a retail employee:

Here is how this will work: after you find the item you want to buy, like an accessory, you launch the Apple Store app on your iOS device and there will be an option to buy a product in the store. You scan the product with the camera on your device in the app, click purchase, and it will charge whatever credit card is associated to your Apple ID. You then just walk out of the store.

According to BGR, Apple will not be manually verifying purchases.

Both In-Store Pickup and Self Check Out are expected to be launched on Thursday, November 3rd worldwide.

Apple has closed New York City's first Apple Store, SoHo, at 103 Prince Street for renovations, and opened a temporary store nearby at 72 Greene Street. The store, while "temporary", has the same look-and-feel of an Apple Store, with Covent Garden-style exposed brick and HVAC.

These pictures, published by Racked, show the inside of the store which is very busy, typical for an Apple Store. Racked has several more pictures of the store as well.

Beyond the cast iron portal, the crowd was thick, huddled around signature blond tables showing Apple's array of electronic goodies. Thoughts of chewy candy were erased, replaced by a deep desire for things digital. The look of this new emporium, where Apple fiends can get their jones on while the main store on Prince Street is remade, is raw and rustic. Imagine a very, very clean warehouse with lots of friendly spirits decked out in identical blue shirts.

Apple hasn't specified how long the SoHo store will remain closed, but with a full-featured Genius Bar and plenty of products on display, the temporary store looks capable of taking care of Apple's customers.

The Wall Street Journal takes a look at Tim Cook's first two months officially in the role of Apple CEO, noting some of the differences between his management style and that of Steve Jobs.

In recent weeks, Mr. Cook has tended to administrative matters that never interested Mr. Jobs, such as promotions and corporate reporting structures, according to people familiar with the matter. The new chief executive, 50 years old, has also been more communicative with employees than his predecessor, sending a variety of company-wide emails while addressing Apple employees as "Team," people close to the company said.

The report also points to Apple's new charitable matching program for employees as an example of Cook putting his stamp on the company.

Cook has reportedly also undertaken a significant revamp of Apple's education division, bringing it more in line with the operation of the rest of the company. The resulting reorganization, which puts additional responsibilities on executives Phil Schiller and John Brandon, has seen the education division split into marketing and sales divisions and then reintegrated with the company's broader arms focused on those aspects of the business.

The openness Cook has exhibited with employees and even customers may filter down further, as Cook seems to have moved rapidly to recognize existing expertise, such as with the promotion of Eddy Cue, and to encourage other executives to engage with customers. Cook has also suggested that he may be more open to other possibilities such as stock dividends or buybacks that have long been off the table for the company even as its cash and investments have soared.

Cook is widely regarded as a very strong operational leader, but some have questioned whether he has the product vision to guide the company as it moves forward without Jobs. Jobs reportedly worked hard to leave Apple with a pipeline of products for the next four years, but even so it appears that Cook is making sure to rely upon the expertise of other executives such as Jony Ive, Phil Schiller, Scott Forstall, and Eddy Cue to help forge Apple's path forward.

Regional U.S. carrier C Spire garnered headlines last month for its announcement that it would begin offering the iPhone 4S in the coming weeks, becoming the fourth U.S. carrier to offer the iPhone and coming ahead of several other larger carriers, most notably T-Mobile USA.

C Spire has now confirmed that it will launch both the iPhone 4S and iPhone 4 on November 11th, alongside the iPhone 4S debut in fifteen other countries. Device pricing is in line with other U.S. carriers, and C Spire is taking pre-registrations beginning today.

iPhone 4S will be available starting at $199.99 for the 16GB model, $299.99 for the 32GB model and $399.99 for the 64GB model with a new two-year contract and data plan. In addition, the iPhone 4 8GB model is available for $99.99, also with a new two-year contract and data plan. iPhone 4S and iPhone 4 will be available at C Spire Wireless retail stores, online at www.cspire.com/iPhone and through the Telesales group at 1-855-CSPIRE4. C Spire customers can pre-register for iPhone beginning today at www.cspire.com/iPhone.

Most notably, C Spire will be undercutting service plan prices from the major U.S. carriers in some regards, with a low-end $50/month plan offering 500 minutes, unlimited SMS, and "unlimited" data. That $50 plan and a $70 plan also offering unlimited calling do, however, carry an interesting restriction that will not allow customers to "stream" data.

Additional details on C Spire's streaming policies are available on its plan description pages, which note that the company typically offers 30 minutes of free streaming of "videos, music and game broadcasts" in each 30-day billing cycle, although unlimited streaming is currently free through the end of the year. Unlimited streaming access is available as an add-on for $30 per billing cycle, or separate streaming passes can be purchased for $5 (two hours), $10 (five hours), or $30 (unlimited for 30 days) as needed.

C Spire Wireless is based in Ridgeland, Mississippi and focuses its service on Mississippi, parts of Alabama and the Florida Panhandle, and the Memphis, Tennessee and Rome, Georgia areas. The carrier has approximately 875,000 customers and operates a CDMA network utilizing the same technology as Verizon and Sprint.

Apple today announced the launch of GarageBand for iPhone and iPod touch, making the previous iPad-only version a universal app.

“GarageBand on iPad has been a big hit and we think customers will love using it on their iPhone or iPod touch,” said Philip Schiller, Apple’s senior vice president of Worldwide Product Marketing. “The innovative Multi-Touch interface combined with Smart Instruments makes it easy to create great sounding music, even if you’ve never studied music or played an instrument before.”

GarageBand [App Store] is available in the App Store for $4.99, with the new version 1.1 bringing iPhone and iPod touch support and several other enhancements.

What's New in Version 1.1

- Universal app designed for iPad, iPhone, and iPod touch
- Create custom chords for Smart Instruments
- Support for 3/4 and 6/8 time signatures
- Reset song key without transposing original recordings
- Transpose songs in semitones or full octaves
- Additional quantization options for recordings including, straight, triplet and swing
- New audio export quality settings for AAC and AIFF (Uncompressed)
- Arpeggiator available in Smart Keyboard
- Adjustable velocity settings for Touch Instruments
- Numerous enhancements, including automatic fade out and improved audio import options

The update is just going live now and should be rolling out to all markets at this time.

At its "Let's Talk iPhone" media event early last month, Apple announced that it would be launching its iTunes Match service in the United States at the "end of October". That launch date was itself apparently a slight delay from Apple's original plans given that support for the feature had been built into developer builds of iTunes 10.5, which was released in mid-October to support iOS 5 and iCloud.

But with Apple apparently pushing back the iTunes Match launch slightly, the feature was removed from the public release of iTunes 10.5 and moved to a new iTunes 10.5.1 that was released for developer testing.

Sources have indicated that Apple is close to a launch of iTunes Match, with retail store staff having been briefed on the service in preparation for its debut. But with the calendar now having turned to November, Apple has missed its public launch target for iTunes Match. The company has not yet commented on the status of iTunes Match, leaving some questions about its plans even though a launch still seems near.

One group that may have been caught off-guard by the delayed iTunes Match launch is Apple's developers, who have been testing the service for a number of months. Apple has repeatedly wiped users' iTunes Match libraries during the beta testing process, with the most recent wipe occurring last Thursday.

But those developers who have continued testing the service are now discovering that their iTunes 10.5.1 betas have expired, leaving them unable to launch the application as of today with no public launch and no new beta release. Apple routinely advises developers to only install beta builds of its software on machines dedicated to development, but some users undoubtedly have installed iTunes 10.5.1 on their primary machines and may now be experiencing difficulties.

In line with his previously-announced transition, Ron Johnson has left his position as senior vice president of retail at Apple to take over as CEO of department store chain J.C. Penney. As noticed by 9to5Mac, Johnson has been removed from Apple's list of senior executives.

Johnson came to Apple from Target eleven years ago, overseeing the launch and strong growth of Apple's retail store segment. With other computer companies such as Gateway struggling with their own retail efforts at the time, Apple faced a significant amount of skepticism about whether it could make a viable stand in direct-sales retail.

Problem is, the numbers don't add up. Given the decision to set up shop in high-rent districts in Manhattan, Boston, Chicago, and Jobs's hometown of Palo Alto, Calif., the leases for Apple's stores could cost $1.2 million a year each, says David A. Goldstein, president of researcher Channel Marketing Corp. Since PC retailing gross margins are normally 10% or less, Apple would have to sell $12 million a year per store to pay for the space. Gateway does about $8 million annually at each of its Country Stores. Then there's the cost of construction, hiring experienced staff. "I give them two years before they're turning out the lights on a very painful and expensive mistake," says Goldstein.

Apple has of course seen a tremendous amount of success in retail, leading all U.S. retail chains in sales per square foot while also serving to enhance brand awareness and offer direct support services to customers.

Apple has yet to announce Johnson's successor, with the company reportedly having been conducting a worldwide search as it seeks to increase its retail presence in international markets. The company has announced that it intends to open forty new retail stores during fiscal 2012, with 75% of those locations coming outside of the United States. Apple is also looking to expand or replace a number of its existing stores that are no longer able to handle current customer traffic levels.

Current Apple vice president for retail Jerry McDougal served under Johnson for over ten years, and has been viewed by some as a solid option to take the senior executive position with Johnson's departure. But it certainly appears that Apple is being diligent in its efforts to identify the best possible candidate to lead its retail operations, looking both inside and outside the company.

Net Applications has released its latest monthly data on Web traffic, revealing that Apple's iOS was able to ride the strength of the iPhone 4S launch and continued iPad momentum to surge past a 60% share of traffic. According to the data, iOS was responsible for 61.64% of the mobile Web traffic during October on a geographically weighted basis.

Apple's dominant share comes from its strong position across all three mobile device segments with the iPhone, iPad, and iPod touch. Google's Android operating is also seeing very strong growth in line with its rapidly-growing device sales, but Android's popularity has primarily been restricted to smartphones.

On the PC/Mac side, Apple is also continuing to increase its share of Web traffic, reaching 6.94% in October, a healthy increase of nearly half a percentage point over September and up nearly a percentage point and a half since April.

Apple today announced that its next round of international launches of the iPhone 4S will occur on Friday, November 11th. This next phase of Apple's rapid rollout of the new device involves 15 countries, including Hong Kong and South Korea.

Beginning Friday, November 11, iPhone 4S will be available in Albania, Armenia, Bulgaria, El Salvador, Greece, Guatemala, Hong Kong, Malta, Montenegro, New Zealand, Panama, Poland, Portugal, Romania and South Korea. iPhone 4S is available today in 29 countries around the world and will be available in more than 70 countries by the end of the year.

Pre-orders for this round of iPhone 4S debuts will begin this Friday, November 4th, although they will be limited to the following countries: Armenia, Bulgaria, Greece, Hong Kong, New Zealand, Poland, Portugal, Romania and South Korea.