In a ruling that came down late Wednesday (see the opinion below), Judge Lucy Koh ruled that the existence of agreements between the various companies not to “cold call” employees of the other supports a “plausible inference” that the agreements were signed off at the highest levels by senior executives of each company.

Plaintiffs in the case, all former software engineers who have worked for the various companies, have claimed that the late Apple CEO Steve Jobs, negotiating with Ed Colligan, the former CEO of Palm (now a unit of Hewlett-Packard), talked directly about the matter. Their complaint quotes Jobs as telling Colligan, “We must do whatever we can” to stop cold-calling efforts between the two companies.

The companies being sued are Apple, Intel, Adobe, Google, Intuit, Lucasfilm and Pixar, a unit of Walt Disney. The complaint alleges that the companies conspired to make it harder for employees to move to different jobs between the companies, thus limiting their ability to earn higher salaries. The companies had sought to get the case thrown out.

You can read Judge Koh’s opinion below.

Poaching Case Ruling

That seems to be the standard TV industry response to rumors of an Apple HDTV. Back in December, Sharp’s Kozo Takahashi dismissed the potential threat Apple might pose to the TV market, saying consumers are far more focused on price, picture quality and size than on any advanced technology and design innovation Cupertino might bring to bear on its rumored television.

Today, it’s Samsung’s AV product manager Chris Moseley who doesn’t think Apple has the R&D chops to field a formidable TV.

“We’ve not seen what they’ve done, but what we can say is that they don’t have 10,000 people in R&D in the vision category,” Moseley told Pocket Lint. “They don’t have the best scaling engine in the world and they don’t have world renowned picture quality that has been awarded more than anyone else. … There is no way that anyone, new or old, can come along this year or next year and beat us on picture quality.”

Perhaps. Samsung’s clearly got a lot of expertise in display picture quality. But presumably Apple’s got some applicable experience here, too, thanks to its own desktop display offerings and the Retina display. And as Brian Ford notes, it’s rarely wise to bet against Apple, even if you are an incumbent. Just ask former Palm CEO Ed Colligan, who famously dismissed Apple’s chances in the smartphone market back in 2006:

“We’ve learned and struggled for a few years here figuring out how to make a decent phone,” Colligan said at the time. “PC guys are not going to just figure this out. They’re not going to just walk in.”

Of course, that’s exactly what happened. And Colligan’s career at Palm didn’t even last long enough for him to eat those words.

Piecyk’s advice went unheeded–until recently. Now with Palm’s fate settled after its acquisition by Hewlett-Packard (HPQ) last week, the handset maker’s smartphones have become bargain-bin fare.

Last week also saw Sprint giving away the diminutive Pixi free to anyone willing to sign a two-year contract. This week, Verizon (VZ) is following suit with steep discounts of its own. The carrier has begun offering the Pre Plus and the Pixi Plus for just $29 with a new two-year contract. That’s $120 less and $60 less than the prices at which the devices debuted in January.

It’s also $28.99 more than Amazon’s price.

That’s right, the next-generation versions of the phone former Palm CEO Ed Colligan once described as a “significantly better product” deserving of a higher price than Apple’s (AAPL) iPhone is selling for a penny at Amazon (AMZN). Which is a great deal, particularly since both devices are being offered with free 3G Mobile Hotspot service. Sadly, the offer comes a bit too late to make much of a difference for Palm.

PREVIOUSLY:

• Palm Wouldn’t Have Lasted the Year
• HP “Doubling Down” on Palm’s webOS
• Who Will Buy Palm? If Not HTC, How About HP?
• Palm CEO: Can’t Read My, Can’t Read My Poker Face…

• Some totally unverified gossip from my fellow scribes here at the Venetian Hotel in Las Vegas: Expect an AT&T (T) announcement as well. [UPDATE: Make that "sort of verified"--AT&T already indicated it would support the Palm operating system yesterday, as Business Insider's Dan Frommer notes.]
• Palm CEO Jon Rubinstein takes the stage: Our platform is a deliberate bet on the Web, he tells us. It’s at “the heart of everything we do at Palm.”
• Rubinstein notes that there have been 85,000 downloads of the webOS software development kit since launch in July and 20,000 registrations for the new online developer program, adding that these are clear indicators of interest in the Palm platform. [Translation: We're going to start catching up to Apple (AAPL) and its gazillions of apps. Promise.]
• Rubinstein: Pixi is the “perfect choice for consumers looking to purchase their first smartphone.” That’s why we have these supercool back covers available. Check ’em out! And now a video of people talking about our stuff. [In the video, a talking head mentions "the death of the PC." Ominous!]
• Palm announces a new partner: French carrier SFR, co-owned by Vivendi and Vodafone (VOD). Vivendi SVP Jean-Marc Tassetto says his company reaches half of the country’s population, simultaneously taking a dig at Apple and offering praise for Palm: “We started negotiating in Cupertino, we ended up in Sunnyvale.”
• Palm SVP of Product Marketing Katie Mitic updates Palm’s developer program. After six months in closed beta, it is formally opening up. Any developer can submit a webOS app. Why work with Palm, Mitic asks? Her answer includes more coded Apple digs: The company promises a “fast and easy development” cycle and “freedom and choice” in how developers take apps to market. There are now 1,000 apps and Palm expects much faster growth.
• Palm promises a “new approach to app distribution,” i.e., you won’t have to get Palm apps exclusively through Palm’s equivalent of iTunes. You can get them anywhere on the Web or via mobile. Mitic shows off Projectappetite.com as an example.
• Coming this spring: A “Hot Apps” bonus program–$1,000 to developers with the best distribution (both free and paid), measured by downloads.
• Also coming: A new “Plug-in development kit” for webOS.
• We’re shown some new games from the likes of Gameloft and Electronic Arts (ERTS), including Need for Speed and Sims, etc. These are available today in the U.S.
• Here’s Travis Boatman, VP of EA Mobile’s Worldwide Studios. Palm came to us a few months ago, he notes, before offering praise for Palm (duh): “Within a few weeks, we realized how great this SDK is….It’s really easy to use,” etc.
• Some demos: Sims3, Need for Speed Undercover (which does indeed look “gorgeous,” as Boatman says).
• More from Katie Mitic, who introduces Paul Cousineau, product marketing director, who is going to demo something involving Pre’s camera.
• New feature: Video recording. Cousineau demos an editing feature with footage he just took onstage. It can be shared to Google’s (GOOG) YouTube, Facebook, etc., and will be available to all customers in February via software update. “No new hardware required.”
• Cousineau demonstrates integration of various webOS features, moving data/elements from one app to another–sharing a YouTube clip that was just shot, for example.
• Back to Mitic: More on over-the-air software updates. There have been nine updates since June, she says, covering battery performance, email, search, etc., adding that Palm is “bringing the pace of Web development to the mobile environment.” The February update will have a battery performance boost, too.
• Back to Rubinstein, who focuses on two new products. He pulls the first, “Pre Plus,” from his pocket, describing it as a “more elegant, easy-to-use experience.” Button goes away, memory increases. It comes with 16 gigabytes of flash. The second new product,”Pixi Plus,” comes with built-in Wi-Fi. More color choices for back cover.
• Carrier announcements: Both new phones are available exclusively on Verizon Wireless.
• There’s a new 3G “mobile hotspot” app for both new phones that allows users to tether with the “appropriate data plan.” They can connect up to five devices.
• Next: A taped message from Verizon Wireless CMO John Stratton, who is snowed in at O’Hare International Airport in Chicago, apparently. Phones will be avail starting Jan. 25, he says.
• How much will the new Palm phones cost? We won’t tell you! Ho ho ho.
• Rubinstein recaps, promising to allow CES visitors to actually hold the new phones this time. (Last year Palm had a “look but don’t touch” policy when it showed off the Pre).

There’s no mention of AT&T, even though the carrier has been talking about Palm options in public. Interesting. Maybe there’s a “one carrier per press event” rule.

UPDATE (sort of): After the event, I asked Rubinstein about the phantom announcement from AT&T. Here’s the entire exchange.

Rubinstein: “We don’t have anything to announce.”

Me: “Really? Because AT&T executives are saying they’ll have two phones running the webOS later this year.”

Rubinstein: “We don’t have anything to announce.”

He was smiling a bit, though. Certainly cheerier than when I asked former Palm CEO Ed Colligan about Pre pricing last year.

“We’ve learned and struggled for a few years here figuring out how to make a decent phone. PC guys are not going to just figure this out. They’re not going to just walk in.”

Palm CEO Ed Colligan, December 2006

“Five hundred dollars? Fully subsidized? With a plan? I said that’s the most expensive phone in the world and it doesn’t appeal to business customers because it doesn’t have a keyboard, which makes it not a very good e-mail machine.”

– Microsoft CEO Steve Ballmer, January 2007

At 37.9 percent, Nokia’s share of the global handset market is the largest in the industry. Odd then to learn that it is not the most profitable. And odder still to learn that that honor belongs to Apple, which has been in the handset market for just two years.

According to Strategy Analytics, Apple’s third-quarter iPhone operating profit was $1.6 billion, while Nokia’s was $1.1 billion. Driving Apple’s profits: Strong sales, high wholesale prices and tight cost controls.

“We have identified at least 4 key factors underlying Apple’s success,” Strategy Analytics analyst Alexander Spektor explains. “First, Apple created a simple sub-brand–the iPhone–which was memorable and easy to remember. Second, the firm developed an attractive family of models with standout usability that enabled Apple to charge way-above-average prices to operators and consumers. Third, Apple distributed and co-marketed its handsets through top-tier carriers in numerous high-value countries. And fourth, the vendor has kept a solid grip on production costs by working with Foxconn, the world’s largest contract handset manufacturer.”

Quite an achievement for Apple (AAPL) and a major humiliation for Nokia (NOK), which has seen its dominance eroded by the likes of Apple and Research in Motion (RIMM), and not just in North America, but in Europe. Indeed, in its latest quarter Nokia’s smart-phone market share dropped by six points.

As Strategy Analytics analyst Neil Mawston noted at the time, “[Nokia has] no iPhone killer to drive a major revival in its smartphone volumes. [It] is still struggling in the U.S. smartphone market, and with competition intensifying in China as well, Nokia’s battles can only get tougher in 2010.”

In August 2007, just after former Apple exec Jon Rubinstein joined Palm, Apple CEO Steve Jobs warned Palm CEO Ed Colligan against poaching his company’s employees. “We must do whatever we can to stop this,” he said, according to communications reviewed by Bloomberg. Colligan declined. “Your proposal that we agree that neither company will hire the other’s employees, regardless of the individual’s desires, is not only wrong, it is likely illegal,” he told the Apple CEO, noting–ironically–that Cupertino had hired away some two percent of Palm’s workforce as it began developing the iPhone.

And that’s proven a wise move. Today, the U.S. Department of Justice is investigating just such gentleman’s agreements as a collusive restraint on trade. And Palm (PALM) and Apple (AAPL) are sparring over intellectual property and the Pre handset, which Apple claims “falsely pretends to be an iPod.” How convenient for Palm that these communications should emerge now when its Cupertino rival is giving it such a hard time. And such a distraction for Apple legal….

Of course, Jobs was right to worry. Within a year of his warning to Colligan, Palm hired away Mike Bell and Lynn Fox, Apple VP of CPU software in the Macintosh hardware division and head of Mac PR respectively, among others hired later. And within two years, Palm debuted a new handset that some consider a worthy rival to the Apple iPhone.

In August 2007, just after former Apple exec Jon Rubinstein joined Palm, Apple CEO Steve Jobs warned Palm CEO Ed Colligan against poaching his company’s employees. “We must do whatever we can to stop this,” he said, according to communications reviewed by Bloomberg. Colligan declined. “Your proposal that we agree that neither company will hire the other’s employees, regardless of the individual’s desires, is not only wrong, it is likely illegal,” he told the Apple CEO, noting–ironically–that Cupertino had hired away some two percent of Palm’s workforce as it began developing the iPhone.

And that’s proven a wise move. Today, the U.S. Department of Justice is investigating just such gentleman’s agreements as a collusive restraint on trade. And Palm (PALM) and Apple (AAPL) are sparring over intellectual property and the Pre handset, which Apple claims “falsely pretends to be an iPod.” How convenient for Palm that these communications should emerge now when its Cupertino rival is giving it such a hard time. And such a distraction for Apple legal….

Of course, Jobs was right to worry. Within a year of his warning to Colligan, Palm hired away Mike Bell and Lynn Fox, Apple VP of CPU software in the Macintosh hardware division and head of Mac PR respectively, among others hired later. And within two years, Palm debuted a new handset that some consider a worthy rival to the Apple iPhone.

“The key thing was our CEO, Ed Colligan, had the insight that once the [BlackBerry] Pearl came out, the smart-phone business was going to be a consumer business, and Palm was not positioned for that and needed a major transformation, and that’s what we got involved in doing. The whole notion was you wanted to take that cultural legacy of innovation that created the Pilot and the Treo and then apply it to the next customer.”

–Roger McNamee lauds Palm CEO Ed Colligan at our recent D: All Things Digital conference

Now we know why it was Palm executive chairman Jon Rubinstein and investor Roger McNamee on stage at D last month talking up the Pre, and not CEO Ed Colligan: Colligan was on his way out.

On Wednesday, Palm (PALM) named Rubinstein as its new chairman and CEO. Come Friday he’ll succeed Colligan, who is leaving the company after 16 years to join McNamee at Elevation Partners. Apparently Palm, who recruited Rubinstein, a former Apple (AAPL) engineer, to turn the company around has decided it would much rather have him in its highest office than Colligan under whose leadership it was foundering.

In a statement, Rubinstein–who has spent the past two years quarterbacking the development of the Pre and its webOS–welcomed his new role. “I am very excited about taking on this expanded role at Palm,” he said. “Ed and I have worked very hard together the past two years, and I’m grateful to him for everything he’s done to help set the company up for success. With Palm webOS we have ten-plus years of innovation ahead of us, and the Palm Pre is already one of the year’s hottest new products. Due in no small part to Ed’s courageous leadership, we’re in great shape to get Palm back to continuous growth, and we plan to keep the trajectory going upward.”

Reached for comment late Wednesday afternoon, Roger McNamee offered up this rather canned statement on Palm’s leadership transition: “With Ed’s decision to step down, Jon Rubinstein is the natural choice to lead Palm into its next phase of growth. Jon has proven to have exactly the right mix of product vision, organizational leadership and operational capabilities to help Palm regain a leadership position. We are grateful for the leadership role Ed has played in initiating this transformation and getting through the successful launch of webOS and the Pre.”

Palm shares are up 3.75 percent at $12.44 on the news.

“The key thing was our CEO, Ed Colligan, had the insight that once the [BlackBerry] Pearl came out, the smart-phone business was going to be a consumer business, and Palm was not positioned for that and needed a major transformation, and that’s what we got involved in doing. The whole notion was you wanted to take that cultural legacy of innovation that created the Pilot and the Treo and then apply it to the next customer.”

–Roger McNamee lauds Palm CEO Ed Colligan at our recent D: All Things Digital conference

Now we know why it was Palm executive chairman Jon Rubinstein and investor Roger McNamee on stage at D last month talking up the Pre, and not CEO Ed Colligan: Colligan was on his way out.

On Wednesday, Palm (PALM) named Rubinstein as its new chairman and CEO. Come Friday he’ll succeed Colligan, who is leaving the company after 16 years to join McNamee at Elevation Partners. Apparently Palm, who recruited Rubinstein, a former Apple (AAPL) engineer, to turn the company around has decided it would much rather have him in its highest office than Colligan under whose leadership it was foundering.

In a statement, Rubinstein–who has spent the past two years quarterbacking the development of the Pre and its webOS–welcomed his new role. “I am very excited about taking on this expanded role at Palm,” he said. “Ed and I have worked very hard together the past two years, and I’m grateful to him for everything he’s done to help set the company up for success. With Palm webOS we have ten-plus years of innovation ahead of us, and the Palm Pre is already one of the year’s hottest new products. Due in no small part to Ed’s courageous leadership, we’re in great shape to get Palm back to continuous growth, and we plan to keep the trajectory going upward.”

Reached for comment late Wednesday afternoon, Roger McNamee offered up this rather canned statement on Palm’s leadership transition: “With Ed’s decision to step down, Jon Rubinstein is the natural choice to lead Palm into its next phase of growth. Jon has proven to have exactly the right mix of product vision, organizational leadership and operational capabilities to help Palm regain a leadership position. We are grateful for the leadership role Ed has played in initiating this transformation and getting through the successful launch of webOS and the Pre.”

Palm shares are up 3.75 percent at $12.44 on the news.