In spite of intense criticism against its patent infringement lawsuit in March, Yahoo filed additional claims against Facebook today.

“Today Yahoo! filed additional claims against Facebook in U.S. District Court in San Jose related to two additional patents on which Facebook infringes. Today’s filing underscores the breadth of Facebook’s violation of Yahoo!’s intellectual property,” said a Yahoo spokesperson in a statement. “As we have stated previously, Yahoo!’s technologies are the foundation of our business that engages over 700 million monthly unique visitors and represent the spirit of innovation upon which Yahoo! is built. We intend to vigorously protect these technologies for our customers and shareholders.”

Facebook had filed its own counterclaims against the Internet portal over various social networking patents and also has recently spent hundreds of millions of dollars for patents and licenses from both IBM and Microsoft to bolster its portfolio.

In its filing, Yahoo’s legal aces got all hot and bothered that Facebook did this, especially the part about handing over piles of dough to others (and not Yahoo).

“However, on information and belief, Facebook lacks a good faith basis for most, if not all, of its counterclaims, particularly those patents that it purchased from others,” read the filing. “All eight of these patents were purchased by Facebook in the past five months, and several of these patents were purchased (independent of any separate technology acquisition or merger) after Yahoo! filed its complaint in this action. On information and belief, many, if not all, of these patents were acquired by Facebook for purposes of retaliation against Yahoo! in this case.”

Uh, duh! (Also, not to be picky, but Yahoo also bought a lot of the patents they are asserting way back when from its acquisition of Overture and did not invent all these innovations, either.)

I am awaiting a response from Facebook, which will probably be along the lines of: Byte me.

[UPDATE: I was right -- here's the comment:

"We remain puzzled by Yahoo's erratic actions. We disagree with these latest claims and we will continue to defend ourselves vigorously."

(Erratic, by the way, means desperate and pathetic in Facebook-speak.)]

Here is the latest filing:

Yahoo Reply to Counterclaims 4-27

In what is either the boldest gamble of its history or the most boneheaded, Yahoo has filed a massive patent infringement lawsuit against Facebook.

The attack by the Silicon Valley Internet icon against perhaps the most powerful consumer social networking site today — also based in tech’s heartland and also an important partner of Yahoo — is sure to be a controversial one, pitting Yahoo against a company that has surpassed it handily in recent years in regards to popularity among consumers.

“Facebook’s entire social network model, which allows users to create profiles for and connect with, among other things, persons and businesses, is based on Yahoo’s patented social networking technology,” Yahoo’s lawsuit reads, in part.

That includes, Yahoo alleges, Facebook’s popular News Feed, advertising methods, privacy settings and more. The company adds that Facebook has been “free riding” on Yahoo’s intellectual property and that royalty payments alone will not suffice.

So what does Yahoo want for this alleged free ride? Triple damages and to enjoin Facebook from operating by using said patents.

The 19-page lawsuit over 10 patents — related to advertising, privacy, customization, messaging and social networking — comes as Yahoo is seeking to right itself under new CEO Scott Thompson.

Multiple sources said he is primarily driving this new aggressiveness from Yahoo.

Since Yahoo told the New York Times that it was considering such a move last week, the issue has been widely debated within the company, with many top techies there opposed to it, due to the company’s longstanding ethos of using patents for defense rather than offense.

Thus, the decision to move was closely held, sources said, with only Thompson and legal chief Michael Callahan largely working on it.

Still, patent lawsuits have become ever more prevalent among tech companies, as they seek to battle for advantage in a rapidly changing competitive landscape. Apple, Google, Microsoft and others are involved in several legal actions, although they are largely related to mobile technology.

Yahoo’s lawsuit is the most prominent in the social networking arena, a sector that has seen a huge explosion of late. Its timing could not be worse for Facebook, since it is in a quiet period for its upcoming IPO, which is expected to value the company at close to $100 billion.

Yahoo has done this kind of thing before, of course, having wrangled with Google until right before it went public in 2004 over search patents from its Overture acquisition. The pair settled 10 days before the Google IPO, with Yahoo getting several million more shares of that stock.

Yahoo is shaking Facebook down for much more here and with much higher stakes for both companies. If successful, Yahoo could seriously damage Facebook’s initial public offering; if not, Yahoo will cement its growing reputation as a company with nothing to lose, whose value is built not on its current business, but on non-operating assets.

More importantly, at least initially, the move did nothing to boost Yahoo’s moribund shares — the stock was down about one percent to $14.49 in after-hours trading.

More to come, but here is the entire document below. The lawsuit has been filed in San Jose, Calif., federal court.

Lastly, the official PR back-and-forth:

Said Yahoo, in its statement:

“Yahoo! has invested substantial resources in research and development through the years, which has resulted in numerous patented inventions of technology that other companies have licensed. These technologies are the foundation of our business that engages over 700 million monthly unique visitors and represent the spirit of innovation upon which Yahoo! is built. Unfortunately, the matter with Facebook remains unresolved and we are compelled to seek redress in federal court. We are confident that we will prevail.”

Facebook, obviously, disagrees, and also threw in a jab about the lack of discussions over the issue between the pair:

“We’re disappointed that Yahoo, a longtime business partner of Facebook and a company that has substantially benefited from its association with Facebook, has decided to resort to litigation. Once again, we learned of Yahoo’s decision simultaneously with the media. We will defend ourselves vigorously against these puzzling actions.”

I’ll admit to also being puzzled about the strategery here, but I am sure there will be much more to come.

Until then, read on:

Complaint

And here is what I wrote last week on the subject:

Apparently, Yahoo’s new motto: If you can’t beat ‘em — and it can’t — sue ‘em.

That would be Yahoo — the perpetual 98-pound weakling of the Internet these days — threatening powerful Facebook, which had cleanly bested it by attracting hordes of users with a plethora of popular products and services.

Yahoo has already lost its audience to Facebook, which was most recently followed by its frittering away a commanding lead in display advertising, too.

That would also be the Yahoo whose most recent success in improving its increasingly tenuous connections with customers was, in fact, by deeply integrating Facebook’s social hooks into its Web properties.

That would be the Yahoo which has failed time and again to innovate its own offerings so drastically over the years that it has now apparently decided that its first and best strategic move under Thompson’s rule is a shakedown.

Such a cynical move on rights Yahoo has long held seems more a play for the cheap seats of Wall Street, given that the company needs to look like it is doing everything it can to turn things around right now as it faces a proxy challenge.

First, it ended difficult talks with its Asian partners, Alibaba Group and SoftBank, over selling back lucrative stakes there.

Now, according to sources, Yahoo’s Thompson has actually been trying to make very nice with activist shareholder Daniel Loeb of Third Point — on-the-down-low chitchats that might have played a part of this latest unusual move.

At least Kodak had a good excuse. The once iconic camera company had recently been trying to take advantage of its trove of patents as a way to stave off declaring bankruptcy.

That didn’t work for Kodak, and it will also not work for Yahoo, whose only real option is to try to innovate its way out of the mess it has landed itself in.

You know, with good ideas.

Instead, the company’s leadership has opted for a road that could rain down trouble and paint Yahoo as a company bereft of talent to win any other way.

And while a range of intellectual property lawsuits have broken out all over the digital sector, involving Apple, Microsoft, Google and many others, such a strategy for Yahoo could be dangerous if it fails in its legal effort to take advantage of its 1,000-plus patents, including those related to search and advertising.

Others — including such tech luminaries as LinkedIn’s Reid Hoffman, who co-owns the seminal Six Degrees patent for constructing a networking database and system — hold a number of critical social networking patents, too, so who knows where this thing will go.

Nonetheless, Yahoo has decided to emulate those companies with one of the few valuable assets it might have, waging its little war, right as Facebook is in the midst of its initial public offering period.

Yahoo has done this before, of course, having wrangled with Google until right before it went public in 2004 over search patents from its Overture acquisition. The pair settled 10 days before the Google IPO, with Yahoo getting several million more shares of that stock (which it then, of course, sold too soon).

That certainly could happen here, with Yahoo managing to grab a chunk of Facebook’s pre-IPO stock.
That would mean that Yahoo’s most valuable asset would be those shares, as well as its stake in Asian companies it bought a while back for a bargain and now makes up a bulk of the company’s valuation.

As to Yahoo’s core business — investors consider it almost entirely worthless.

And let’s not forget: Facebook could also sue right back, which it very well might do. Or, perhaps, cut off agreeable ties that have aided Yahoo in recent years.

In other words, in poking Facebook, Yahoo might now learn what it is really like to be de-friended.

Last night, I did the unthinkable, and actually drove myself through rush hour traffic in Silicon Valley to go to an event in San Jose.

I did this for three good reasons.

First, it was to see Bill Maher’s “CrazyStupidPolitics: Live From Silicon Valley” show, which was being being broadcast live and exclusively on Yahoo Screen, the Internet giant’s video destination. The event launched the Yahoo Comedy Channel, which will offer premium original video from some top talent for free, underwritten by advertisers.

Second, Maher is really, really funny, and even better in stand-up than on his HBO cable show.

Third, some Yahoos always think I am too mean to the company and don’t focus on what it’s doing right.

To be fair, that’s because it has not been doing much right when it comes to stabilizing leadership, handling its longtime moribund board, and giving non-cat-wrangling direction to its talented pool of much-beleaguered employees.

Thus — with some sort of usually self-inflicted fire drill going on all the time — there is a lot for me to report on, from persistent attrition to declining metrics to the latest bickering with its Asian partners.

Which is why it was a pleasure to see the Maher event and then also watch it online, because it was done by Yahoo with the kind of beautiful ease that it used to roll out all the time from its media properties.

When I say pleasure, it is a major compliment, since making and presenting content on the Web has usually ended in pain. Google-owned YouTube, as successful as it is, still hurts my eyes when I watch it, and has not yet become the kind of environment that big brands would want to live in for a long time.

But, from its very first day, without a lot of fuss and noise, Yahoo has created and distributed some of the very best online content experiences from its undersung media units, whether it was Yahoo Finance or Yahoo Sports or Yahoo News.

While there were some notable misses — there was a strange original news show produced in Web 1.0 that was so bad it was good — Yahoo has always had a strong talent for media distribution, and has the huge audience to aim it at.

What has been a shame is the lessening focus the media side has gotten, despite its success over the many years, and even though many of its channels have long been No. 1 across the Web.

The often short shrift has been largely due to the faux struggle between whether Yahoo was a media company or a technology one. It has been an exhausting and toxic debate within Yahoo over the years, with no clear conclusion.

But here’s the truth: The Maher event showed that what Yahoo can do well is be a high-level, high-quality, highly selective distributor of media of all kinds to millions upon millions of users.

This has been and can still be — if properly organized, staffed and sold — a very good business for Yahoo, which has always treated it like some sideshow, rather than the main one.

I get that, of course — why be in a media business, when the pickings are so good in search, commerce, social … whatever?

Why? Well, because a terrific guide of all sorts of media experiences online is what Yahoo was from its very start, and what it has since tried not to be as definitively.

Having covered Yahoo from its very beginnings, it has been a lot like watching someone you think looks good in one outfit change into one ill-fitting and inappropriate get-up after the next in search of the right image.

But if the company only cared to take a look at how well and seemingly effortlessly it pulled off the Maher event, it would know immediately what it has always done well is what it should always be doing.

The Maher live offering was not fancy and it was not flashy and it did not have all kinds of the latest trends hanging all over it.

It was just good, well done and well worth a watch, whether in person or at home. And it was very, very funny.

It would be nice, then, if Yahoo learned to laugh like this much more often.

Here are some of the clips from Maher’s patter to enjoy:

The e-commerce giant (a term typically reserved for Amazon in these woods) is one of the larger examples companies from the Bay Area that are setting up shop here and looking to soak up some of the Northwest’s rich engineering talent.

Other companies with satellite offices in the Seattle area include Google, Facebook, Zynga and Salesforce.

“I’m surprised I ended up at eBay, but the story is compelling,” said Ken Moss, who was hired in November to be eBay’s VP of managed marketplaces technology; Moss is GM of the Redmond office.

A long-time Microsoft employee whose claim to fame includes inventing the Pivot table in Excel, Moss more recently co-founded CrowdEye, a start-up focused on search technology and later on stock market prediction.

He said eBay’s dedication to the region is one of the biggest selling points for recruitment.

Most of the 75 employees that currently work there were hired over the past few months, and a small team has been here for seven years. Among the newbies I met were a number of Microsoft veterans who had been there for 12 to 15 years.

Moss says he will report directly to eBay’s CTO Mark Carges, which is “a signal to the whole company that diversified development is for real.”

“We are first-class citizens,” Moss said, referring to sometimes strained relationship between remote workers and a company’s headquarters.

Eric Brill, VP of eBay’s research labs, is also based in the Redmond office, and has been working part-time there since joining the company in 2009.

Moss said eBay will be looking to hire a range of technologists, from college graduates to senior leaders, including developers, testers, researchers, data miners and other positions.

While I was at the office on Tuesday, the mountains were peeking out from the clouds and were easy to spot from the floor-to-ceiling windows on the fourth floor. It was easy enough for everyone to have a window seat in the open-floor plan.

Although the employees just moved in on Monday, a sign outside the building already announced eBay’s presence. Inside, workers were busy putting the final touches on the space to make it feel like eBay. Primary colors of red, blue, yellow and green highlighted the office walls; with a bit of Seattle flair, conference rooms were named after Northwest tribes such as Puyallup and Quinault (and other names that might be difficult for San Jose-based employees to pronounce).

But missing were some of the perks that some recruits expect these day — no shuttles to and from work or fancy cafeterias, for instance. 

In fact, eBay has a long way to go to compare with what Google has done here. Since entering the market seven years ago, Google has hired more than 900 employees, spread across two locations, a spokesperson confirmed.

One office is in Seattle’s Fremont neighborhood; the other is on the Eastside.

The two offices are geographically divided by Lake Washington, which can be crossed by one of two floating bridges — or by boat, if you are crafty enough. The traffic bottlenecks make for a horrendously notorious commute, so having two locations that straddle both sides is a huge perk — like having offices in both San Francisco and San Jose.

Because of Google’s size here, many of its perks are similar to its Mountain View headquarters, including free meals prepared by chefs, frozen-yogurt bars and other, mostly food-based, luxuries.

In eBay’s case, the new digs are located deep on the Eastside, a couple of miles past Microsoft in Redmond, and roughly 15 miles from Jeff Bezos’s empire in downtown Seattle. Recently, Amazon relocated its headquarters to a brand-new campus in South Lake Union, a neighborhood being revitalized by former Microsoft executive Paul Allen.

Other outside companies that have also established sizable tech centers here include Facebook and Zynga. A couple others have gained offices through acquisitions. Electronic Arts, for instance, now has a large office here, after acquiring PopCap; EMC now has big expansion plans here, after purchasing Isilon.

And Geekwire, a Seattle-based technology blog, is good at keeping an ongoing tally, including recent moves into the area by Jawbone and SweetLabs, a San Diego-based start-up, based by Intel Capital and Google Ventures.

Two years ago, Facebook opened an office in the heart of downtown Seattle. It plans to move soon to a 27,000-square-foot space that will have room for about 135 employees. The 70 or so engineers in the office today have worked on projects such as video calling, the Facebook iPad app and other big issues, such as security.

Last April, social game maker Zynga opened an office in Seattle’s historic Pioneer Square neighborhood, hoping to absorb some of the game talent here, spawned from Xbox and Nintendo, and cloud-computing knowledge from Amazon. It has 50 employees today, but declined to say how many it planned to hire in the near future.

As with most of these companies, eBay believes it can find a diversity of talent here that can’t always be easy to hire in the Bay Area.

As a Seattle native, and having covered tech here for the past 12 years, including an eight-year stint at the Seattle Times, I might not be the most unbiased on the subject. But I’ve seen first-hand the breadth of talent here, from Microsoft, Amazon, Expedia, T-Mobile and many others, including a strong start-up pool.

Despite that, the local tech community often suffers from an inferiority complex when it compares itself with the Bay Area, which is much larger. Still, it seems that Silicon Valley companies are finding a number of excuses to travel north to drink from the area’s plentiful tech waters.

The execs at Yahoo were huddled yesterday and also today, getting ready for its investor day tomorrow morning.

It’s probably a good idea, especially since the Silicon Valley Internet giant has to come up with a good answer to how it is settling the recent kerfuffle with Chinese partner Alibaba Group.

A settlement announcement over the spinoff of Alibaba’s Alipay payments unit would be the best thing Yahoo could deliver by tomorrow, of course.

All parties–Alibaba, Yahoo and Japan’s SoftBank–I spoke to said a resolution was still being worked on, but one assumes reaching one sooner than later would be a big coup for Yahoo.

Barring that, China will surely be Question No. 1–and likely Nos. 2 through 23–from about 200 Wall Street analysts and big shareholders gathered from 8 am to 2 pm at the Fairmont Hotel in San Jose to hear about how Yahoo is doing in 2011.

Given that the China problem has kept Yahoo stock stuck in the $16 doldrums for weeks now, after it had seen some progress before that, Yahoo CEO Carol Bartz and the passel of top execs presenting–Ross Levinsohn, Blake Irving and Tim Morse, among others–will have to scratch that itchy itch first before moving on to other questions.

In the interests of making the day interesting–and because press is not invited–I am here to help those investors without a clue of what to ask.

Thus, my list, in no particular order:

* Now that a newish management structure is in place, what is the big vision for Yahoo going forward?

* Please explain in detail the issues raised in the recent earnings call with the search and online advertising partnership with Microsoft, and should the deal be re-negotiated?

* Do you need to make more cuts in staff–which seems to have creeped back up in size?

* Why is Yahoo still in search in such a significant and expensive way, especially since market share is declining?

* How is the display market faring and how does Yahoo plan to innovate its flagship advertising business?

* Engagement is a key metric these days, so how is Yahoo going to improve its customer relationships, besides saying it will?

* What new and innovative products are in the pipeline–and you may not trot out Livestand for the umpteenth time as an example, unless you want me to start calling it Not-Flipboard–and when will they launch?

* Has Yahoo considered other ownership options that would better reward long-suffering shareholders?

* And, oh yes, China. Let’s not forget about China.

(Although media is not invited to the investor confab, I will be covering it via a live stream Yahoo is offering–you didn’t think I would miss it?)

“We’ve probably exited 90 percent of our businesses,” says Mark Thompson, Fairchild’s chief executive, who recently shifted the company’s headquarters to San Jose, CA.

Not that the remaining products are exactly household words, except in households of electrical engineers. They still have esoteric names like MOSFETs, flip flops, latches, solid-state relays and interleaved PFC controllers.

Read the rest of this post on the original site »

It’s the latest development in a shareholder lawsuit against HP in which the plaintiffs have alleged that HP’s board of directors let Hurd walk out the door with too much money when he resigned following accusations of sexual harassment by a onetime contractor. They’re seeking an order that would require Hurd to disgorge the payments he received as his severance deal.

The judge, James Ware, ignored Hurd’s argument that he deserves to see documents relating to the matter that so far HP has refused to share, though the ruling doesn’t address whether he’ll ultimately get to see them or not. Hurd had objected to a new investigation, saying he would agree to it only if he were to get copies of the initial demand letter from shareholders that led to the lawsuit, as well as related documents that are under seal in a separate shareholder case on the same issue that’s before the Delaware Court of Chancery. Ware scheduled a hearing on March 20 to hear an update on the investigation.

Hurd resigned from HP in August after accusations about sexual harassment arose from Jodie Fisher, a onetime actress and former HP contractor. He was found not to have violated HP’s sexual harassment policy, but was found to have violated HP’s expense-reporting policy. After leaving HP, he went on to become co-president of Oracle, after Oracle CEO Larry Ellison criticized HP’s board of directors for its handling of the incident.

Sprint on Tuesday is officially announcing that its WiMax-based 4G service is available in San Francisco and San Jose, while AT&T said it is creating a Wi-Fi “hot zone” along San Francisco’s Embarcadero that spans the city’s waterfront. Subscribers to AT&T wireless or high-speed home Internet service can access the Wi-Fi areas for free.

AT&T is also creating more hot zones in New York, bringing improved data service to at least a small part of two major cities where the carrier is often criticized for poor service. The move offers an additional data option, but covers only a small area and won’t really help with dropped calls–a chief complaint among iPhone users in both places.

In New York, the company is expanding the Times Square hot zone launched earlier this year and adding additional ones near Rockefeller Center and St. Patrick’s Cathedral. It also has pilot Wi-Fi zones in Charlotte, N.C., and near Wrigley Field in Chicago. AT&T says more than 350,000 wireless connections have been made in the three trial areas so far.

“Our initial AT&T Wi-Fi hotzones have received great customer response and supported high data traffic,” AT&T Chief Technology Officer John Donovan said in a statement. “The pilot demonstrated the clear benefits of having fast and readily-available Wi-Fi options for our customers and our network, and so we have decided to deploy hotzones in more locations.”

As for Sprint, it said WiMax service is now available in San Francisco, San Jose, Palo Alto and Oakland, joining 70 other markets across the country.

“The Bay Area is responsible for creating so much new technology and today we are bringing the power of 4G to our customers in that region who are hungry for fast mobile broadband,” Sprint 4G chief Matt Carter said in a statement.

Clearwire, which sells Wi-Max under the Clear brand and shares technology with Sprint, is also officially launching 4G service in the Bay Area on Tuesday.

“We grew in a tough time and added people in a really challenging environment,” said Mike Klayko, Chief Executive of Brocade, which increased revenue seven percent to $2.1 billion in its fiscal year ended in late October. He added that Brocade currently has another 325 open jobs in Silicon Valley. “We’re interviewing all the time,” he said.

Read the rest of this post on the original site

One big surprise: The job market with the strongest growth in tech jobs–with a net gain of 900–was Oklahoma City. Don’t pack up the U-Haul just yet. Yes, it added the most technology jobs of the 60 cities in the survey, but it also had one of the smallest overall tech job pools, accounting for only 18,000 jobs, ranking 57th of the 60.

The New York statistical area, which includes New York City, New Jersey and Pennsylvania, had the largest pool of tech jobs at 317,000. It lost 8,700 jobs during the survey period, which as we all know was during the worst throes of the recession and the catastrophe that struck the data-driven financial industry. Fifty-three out of 60 cities saw job losses. Nationally, the group found that the tech industry lost about a quarter million jobs in 2009.

Statistically, the TechAmerica report considers San Francisco, Oakland and the San Jose areas as separate. But if you added them all together, tech jobs would outnumber New York at 394,000. San Jose led the nation in tech pay, at an average of $132,100 per year, and not surprisingly had the highest concentration of tech jobs as a percentage of the workforce: One job in three is tech-related.

The only markets to see job growth aside from Oklahoma City were places like Huntsville, Ala., and San Diego. You can take a look and see how different cities fared here.

And Arik Hesseldahl (pictured here) makes it four.

New reporters and bloggers for All Things Digital, that is.

The well-known tech writer–based in New York–will be covering the enterprise arena, as well as chips, for us.

As most regular readers know, this site has been expanding its staff, adding even more top-notch editorial might to our already terrific work.

That includes Ina Fried on mobile, Liz Gannes on social and Tricia Duryee on e-commerce.

All are key areas of tech coverage for ATD, obviously. But, as we thought about it, it was clear that there was not nearly enough cutting-edge tech journalism going on in the enterprise space.

It’s an important topic, involving a range of companies, such as Cisco, Microsoft, Oracle, Hewlett-Packard, IBM and a spate of interesting start-ups. And, did you hear Google’s moving into enterprise?

While all the attention in the tech press is usually focused on the latest minor innovation from Facebook or some other Silicon Valley phenom, enterprise is also a hotbed of change and disruption, as businesses seek to understand and adapt to what digital technologies mean to them.

Thus, we turned to Arik, who has a long history covering a wide range of beats in tech.

He’s most recently been working for Bloomberg Businessweek, where for five years he covered it all: PCs, consumer electronics and semiconductors.

He was also the third person to write Businessweek.com’s popular “Byte of the Apple” column, and contributed to a companion blog of the same name.

Before joining Businessweek, Arik spent five years at Forbes.com, covering pretty much every aspect of tech, writing a daily column called “Ten O’Clock Tech,” a daily survey of a single new tech product that predated properties like Engadget and Gizmodo.

Before that, he cut his tech teeth learning all there was to know about the chip industry as a reporter for a now-defunct trade newspaper called Electronic News, which is notable for being the place where the phrase “Silicon Valley” was first used in print.

One Friday in March, 2000, in fact, he actually got to say “Stop the presses” to editors in San Jose, Calif., as the paper was being put to bed, with the dramatic news that AMD would the following Monday announce its first chip to run at the then-blistering speed of 1GHz.

The story was flashed to subscribers of a daily fax newsletter–quaint, no?–that night before tearing out that issue’s front page. Previously, chip speeds were measured in Megahertz.

Arik attended the University of Oregon, and is originally from that state. After a two-year stint reporting for a daily newspaper in Idaho, he moved to New York to attend graduate school at Columbia University.

He has been a New Yorker ever since. When not working, he can often be found catching a jazz show at the Village Vanguard.

And Arik Hesseldahl (pictured here) makes it four.

New reporters and bloggers for All Things Digital, that is.

The well-known tech writer–based in New York–will be covering the enterprise arena, as well as chips, for us.

As most regular readers know, this site has been expanding its staff, adding even more top-notch editorial might to our already terrific work.

That includes Ina Fried on mobile, Liz Gannes on social and Tricia Duryee on e-commerce.

All are key areas of tech coverage for ATD, obviously. But, as we thought about it, it was clear that there was not nearly enough cutting-edge tech journalism going on in the enterprise space.

It’s an important topic, involving a range of companies, such as Cisco, Microsoft, Oracle, Hewlett-Packard, IBM and a spate of interesting start-ups. And, did you hear Google’s moving into enterprise?

While all the attention in the tech press is usually focused on the latest minor innovation from Facebook or some other Silicon Valley phenom, enterprise is also a hotbed of change and disruption, as businesses seek to understand and adapt to what digital technologies mean to them.

Thus, we turned to Arik, who has a long history covering a wide range of beats in tech.

He’s most recently been working for Bloomberg Businessweek, where for five years he covered it all: PCs, consumer electronics and semiconductors.

He was also the third person to write Businessweek.com’s popular “Byte of the Apple” column, and contributed to a companion blog of the same name.

Before joining Businessweek, Arik spent five years at Forbes.com, covering pretty much every aspect of tech, writing a daily column called “Ten O’Clock Tech,” a daily survey of a single new tech product that predated properties like Engadget and Gizmodo.

Before that, he cut his tech teeth learning all there was to know about the chip industry as a reporter for a now-defunct trade newspaper called Electronic News, which is notable for being the place where the phrase “Silicon Valley” was first used in print.

One Friday in March, 2000, in fact, he actually got to say “Stop the presses” to editors in San Jose, Calif., as the paper was being put to bed, with the dramatic news that AMD would the following Monday announce its first chip to run at the then-blistering speed of 1GHz.

The story was flashed to subscribers of a daily fax newsletter–quaint, no?–that night before tearing out that issue’s front page. Previously, chip speeds were measured in Megahertz.

Arik attended the University of Oregon, and is originally from that state. After a two-year stint reporting for a daily newspaper in Idaho, he moved to New York to attend graduate school at Columbia University.

He has been a New Yorker ever since. When not working, he can often be found catching a jazz show at the Village Vanguard.

Yesterday, BoomTown made a brief stop at what felt like an underground bunker in a hotel in San Francisco to see the Doobie Brothers.

Yes, the legendary band of indelible hit songs such as “Black Water” and “China Grove” and misspent youth way, way back in the day.

Except the group, which was founded in San Jose, Calif., in 1970, was performing at a Cisco (CSCO) television studio down south in Silicon Valley to launch its first album in a decade, called “World Gone Crazy.”

Cisco–founded in San Jose too, but in 1984–put on a 90-minute concert by the Doobie Brothers that was broadcast to 11 U.S. cities, helped by AT&T (T) and Marriott (MAR).

It was an odd event, because we were watching a concert on a big screen in what felt like a place more suited for a corporate retreat.

Still, in its ongoing attempt to push its telepresence technology into the consumer space, such a thing has become more typical for Cisco.

That’s why it will be interesting to see what the tech giant will announce at an event it is having on October 6.

The invite reads: “Come see a new Cisco consumer experience at an exclusive media event, hosted by Chairman and CEO John Chambers.”

What could the new consumer product be?

Perhaps Cisco has built its own version of Apple (AAPL) TV. Or perhaps a consumer-aimed home version of telepresence?

Until we all find out, here is a short video I did at the event yesterday:

]]> http://allthingsd.com/20100928/cisco-does-doobies-so-whats-next-in-the-consumer-space/feed/ 2 http://allthingsd.com/20100924/doj-tech-companies-to-settle-hiring-probe/ http://allthingsd.com/20100924/doj-tech-companies-to-settle-hiring-probe/#comments Fri, 24 Sep 2010 20:51:05 +0000 John Paczkowski http://digitaldaily.allthingsd.com/?p=49319 The U.S. Department of Justice has reached an agreement with six major Silicon Valley companies over their employee recruiting practices and alleged no-poaching agreements. The companies named in the settlement: Google (GOOG), Apple (AAPL), Intel (INTC), Adobe (ADBE), Intuit (INTU) and Pixar. Said Deputy Assistant Attorney General Molly Boast, “The agreements challenged here restrained competition for affected employees without any procompetitive justification.”

The official release below:

JUSTICE DEPARTMENT REQUIRES SIX HIGH TECH COMPANIES TO STOP ENTERING INTO ANTICOMPETITIVE EMPLOYEE SOLICITATION AGREEMENTS

Settlement Preserves Competition for High Tech Employees

WASHINGTON — The Department of Justice announced today that it has reached a settlement with six high technology companies–Adobe Systems Inc., Apple Inc., Google Inc., Intel Corp., Intuit Inc. and Pixar–that prevents them from entering into no solicitation agreements for employees. The department said that the agreements eliminated a significant form of competition to attract highly skilled employees, and overall diminished competition to the detriment of affected employees who were likely deprived of competitively important information and access to better job opportunities.

The Department of Justice’s Antitrust Division filed a civil antitrust complaint today in U.S. District Court for the District of Columbia, along with a proposed settlement that, if approved by the court, would resolve the lawsuit.

According to the complaint, the six companies entered into agreements that restrained competition between them for highly skilled employees. The agreements between Apple and Google, Apple and Adobe, Apple and Pixar and Google and Intel prevented the companies from directly soliciting each other’s employees. An agreement between Google and Intuit prevented Google from directly soliciting Intuit employees.

“The agreements challenged here restrained competition for affected employees without any procompetitive justification and distorted the competitive process,” said Molly S. Boast, Deputy Assistant Attorney General in the Department of Justice’s Antitrust Division. “The proposed settlement resolves the department’s antitrust concerns with regard to these no solicitation agreements.”

In the high technology sector, there is a strong demand for employees with advanced or specialized skills, the department said. One of the principal means by which high tech companies recruit these types of employees is to solicit them directly from other companies in a process referred to as, “cold calling.” This form of competition, when unrestrained, results in better career opportunities, the department said.

According to the complaint, the companies engaged in a practice of agreeing not to cold call any employee at the other company. The complaint indicates that the agreements were formed and actively managed by senior executives of these companies.

The complaint alleges that the companies’ actions reduced their ability to compete for high tech workers and interfered with the proper functioning of the price-setting mechanism that otherwise would have prevailed in competition for employees. None of the agreements was limited by geography, job function, product group or time period. Thus, they were broader than reasonably necessary for any collaboration between the companies, the department said.

The department said in its complaint:

Beginning no later than 2006, Apple and Google executives agreed not to cold call each other’s employees. Apple placed Google on its internal “Do Not Call List,” which instructed employees not to directly solicit employees from the listed companies. Similarly, Google listed Apple among the companies that had special agreements with Google and were part of the “Do Not Cold Call” list;

Beginning no later than May 2005, senior Apple and Adobe executives agreed not to cold call each other’s employees. Apple placed Adobe on its internal “Do Not Call List” and similarly, Adobe included Apple in its internal list of “Companies that are off limits”;

Beginning no later than April 2007, Apple and Pixar executives agreed not to cold call each other’s employees. Apple placed Pixar on its internal “Do Not Call List” and senior executives at Pixar instructed human resources personnel to adhere to the agreement and maintain a paper trail;

Beginning no later than September 2007, Google and Intel executives agreed not to cold call each other’s employees. In its hiring policies and protocol manual, Google listed Intel among the companies that have special agreements with Google and are part of the “Do Not Cold Call” list. Similarly, Intel instructed its human resources staff about the existence of the agreement; and

In June 2007, Google and Intuit executives agreed that Google would not cold call any Intuit employee. In its hiring policies and protocol manual, Google also listed Intuit among the companies that have special agreements with Google and are part of the “Do Not Cold Call” list.

The proposed settlement, which if accepted by the court will be in effect for five years, prohibits the companies from engaging in anticompetitive no solicitation agreements. Although the complaint alleges only that the companies agreed to ban cold calling, the proposed settlement more broadly prohibits the companies from entering, maintaining or enforcing any agreement that in any way prevents any person from soliciting, cold calling, recruiting, or otherwise competing for employees. The companies will also implement compliance measures tailored to these practices.

Today’s complaint arose out of a larger investigation by the Antitrust Division into employment practices by high tech firms. The division continues to investigate other similar no solicitation agreements.

Adobe Systems Inc. is a Delaware corporation with its principal place of business in San Jose, Calif., and 2009 revenues of nearly $3 billion. Apple Inc. is a California corporation with its principal place of business in Cupertino, Calif., and 2009 revenues of more than $42 billion. Google Inc. is a Delaware corporation with its principal place of business in Mountain View, Calif., and 2009 revenues of more than $23 billion. Intel Inc. is a Delaware corporation with its principal place of business in Santa Clara, Calif., and 2009 revenues of more than $35 billion. Intuit Inc. is a Delaware corporation with its principal place of business in Mountain View, Calif., and 2009 revenues more than $3 billion. Pixar is a California corporation with its principal place of business in Emeryville, Calif.

The proposed settlement, along with the department’s competitive impact statement, will be published in The Federal Register, as required by the Antitrust Procedures and Penalties Act. Any person may submit written comments concerning the proposed settlement within 60 days of its publication to James J. Tierney, Chief, Networks & Technology Enforcement Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street N.W., Suite 7100, Washington D.C. 20530. At the conclusion of the 60-day comment period, the court may enter the final judgment upon a finding that it serves the public interest.

]]> http://allthingsd.com/20100924/doj-tech-companies-to-settle-hiring-probe/feed/ 0 http://allthingsd.com/20091206/study-group-time-legal-briefs-for-ebay-craigslist-trial-tomorrow/ http://allthingsd.com/20091206/study-group-time-legal-briefs-for-ebay-craigslist-trial-tomorrow/#comments Sun, 06 Dec 2009 20:09:25 +0000 Kara Swisher http://kara.allthingsd.com/?p=21534

The trial begins bright and early tomorrow morning in Delaware between online auction giant eBay and Web classified kingpin craigslist.

Since BoomTown is in a “Paper Chase” mood, I expect everyone to bone up on the legal issues of the Silicon Valley faceoff by reading the pretrial briefs below.

If not, as John Houseman playing Professor Charles Kingfield, said so memorably: “Here is a dime. Take it, call your mother, and tell her there is serious doubt about you ever becoming a lawyer.”

To review, here are the particulars of the case:

Fact: eBay holds a minority ownership position in craigslist (which was its first mistake, really).

Currently, the San Jose, Calif.-based eBay (EBAY) owns less than 25 percent, although it had acquired about 28 percent in a deal in 2004.

That dilution is what’s at stake here, with eBay filing a lawsuit last year against the privately held craigslist for making that happen, via a “coercive plan,” by issuing more stock and thereby causing eBay to lose its board seat.

Of course, craiglist has put forth its own lawsuit in San Francisco, alleging that eBay stole confidential information to create a competing classified service called Kijiji, and other misdeeds.

First up tomorrow will be former eBay CEO Meg Whitman–who is running for the Republican nomination for California governor and who takes the stand to talk about the original deal with craiglist.

She will be followed by eBay founder Pierre Omidyar and others.

So, here are the prebriefs from both companies to consider:

Pretrial brief for craigslist:

craigslist pre-brief –

Pretrial brief for eBay:

eBay_PTB_redacted –

]]> http://allthingsd.com/20091206/study-group-time-legal-briefs-for-ebay-craigslist-trial-tomorrow/feed/ 3 http://allthingsd.com/20091103/spring-design-heres-how-barnes-noble-turned-our-reader-into-the-nook/ http://allthingsd.com/20091103/spring-design-heres-how-barnes-noble-turned-our-reader-into-the-nook/#comments Tue, 03 Nov 2009 23:00:18 +0000 Peter Kafka http://mediamemo.allthingsd.com/?p=12698 Puzzled by the weird story of the “Alex,” the would-be e-reader that looks something like the “Nook,” the e-reader Barnes & Noble introduced last month? Then this won’t clear anything up: Spring Design’s court case against the bookseller, which it says broke an “implicit promise” and stole its idea for a two-screen device.

Spring sued Barnes & Noble yesterday in U.S. District Court in San Jose, Calif., accusing the bookseller of turning its “Alex” design into the Nook. I have embedded a copy of the complaint below, but here’s the short version:

• The Nook, which is on sale now and is supposed to ship this month, runs on Google’s Android (GOOG) platform and sports a large monochrome screen and a smaller color screen. The Alex, which doesn’t appear to be in production yet, is also supposed to run on Android and will feature two screens.
• Spring signed an NDA with Barnes & Noble (BKS) on Feb. 12 this year and says it first met with the company to show off its design for a dual-screen e-reader shortly after that.
• By May, Spring was showing the design to B&N.com president William Lynch. Spring says Lynch warned it not to work with Amazon (AMZN) because that company would “steal Spring’s unique idea.”
• The two companies talked a few more times during the summer.
• Spring says that “up until B&N’s Nook announcement on October 20…it believed that it was disclosing the confidential features of its Alex device in exchange for B&N’s implicit promise that it would seriously consider acquiring Spring’s product.”

Happy to hear from experts who know consumer electronics and/or trade-secret law, but I can’t say I’m convinced by Spring’s argument.

For one thing, Barnes & Noble would have had to work very fast to copy Spring’s design and get it to market in less than a year. Another problem with Spring’s case: As far as I can tell–based on its own complaint–Spring only showed Barnes & Noble some PowerPoint slides, which means there wasn’t much for it to copy.

Eric Kmiec, Spring’s VP of sales and marketing, told me last month that he and CEO Priscilla Lu were brought in this summer to “focus” the Cupertino, Calif.-based firm, which had previously been “playing around in R&D” and had “no real market focus.” It’s hard to believe that the bookseller had made a promise–even an “implicit” one–to buy something that didn’t exist.

Anyone have a different take? Please let me know via email or in comments, below.

nook suit –

]]> http://allthingsd.com/20091103/spring-design-heres-how-barnes-noble-turned-our-reader-into-the-nook/feed/ 0 http://allthingsd.com/20091102/come-to-think-of-it-ebay-is-that-a-killer-ad-motto-or-a-desperate-plea-for-attention-plus-old-commericals/ http://allthingsd.com/20091102/come-to-think-of-it-ebay-is-that-a-killer-ad-motto-or-a-desperate-plea-for-attention-plus-old-commericals/#comments Mon, 02 Nov 2009 12:10:59 +0000 Kara Swisher http://kara.allthingsd.com/?p=20110

BoomTown–fresh from slapping around six graders caught in a Bing stupor and commenting on the use of restaurant-seeking vampires by Microsoft (MSFT)–is also not quite sure what to think of another new advertising campaign from an Internet giant.

This time, it is coming from eBay (EBAY).

With the tagline, “Come to Think of It, eBay,” the ads start today, according to a report in The Wall Street Journal, to “boost its standing as a holiday shopping destination.”

Interestingly, the new marketing campaign in print, television and online–the first for the Web commerce giant in 18 months–has been crafted by San Francisco-based Goodby, Silverstein & Partners, which has also just nabbed the lead role in the $100 million advertising campaign by Yahoo (YHOO).

Goodby, owned by the Omnicom Group (OMC), is known for its innovative ideas and has done such memorable campaigns as the Slowsky turtles for Comcast (CMCSA), the weird folk of Emerald Nuts, owned by Diamond Foods (DMND)–as well as campaigns for tech companies such as Hewlett-Packard (HPQ), Adobe Systems (ADBE) and Netflix (NFLX).

Still, Goodby might be getting a little too cute here, because “Come to Think of It” could remind consumers exactly how much they have forgotten about eBay.

At best, “come to think of it” is a double-edged sword.

In a good scenario: “Come to think of it, I really haven’t listened to my ‘Frampton Comes Alive’ album in forever and I really want to hear it again.”

In a bad scenario: “An old girlfriend of mine is trying to friend me on Facebook–but, come to think of it, she was pretty freaky and I am very scared she found me again.”

You get the idea! Come to think of it: Play at home!

Actually, according to the Journal story, Lorrie Norrington, president of eBay’s marketplace operations, is pushing a different meaning of the phrase: “to shift the buyer perception of what eBay is today.”

The San Jose, Calif.-based company has to shift perceptions since it has seen its core marketplace business suffer, even as it has advertised less.

Here’s a video of one of the new ads, as well as some past ones–all of which include an unusual amount of Broadway-style singing, dancing and egregiously fabulous frolicking for a company led by then-CEO Meg Whitman.

But, come to think of it, Meg: Not that there’s anything wrong with that!

And, I could not resist adding at the end Weird Al Yankovic’s funny parody song about eBay, with video clips synched.

Enjoy:

“Come to Think of It, eBay”:

“On eBay”:

“That’s on, eBay”:

“Do It, eBay”:

“Found It on eBay” by Weird Al Yankovic:

]]> http://allthingsd.com/20091102/come-to-think-of-it-ebay-is-that-a-killer-ad-motto-or-a-desperate-plea-for-attention-plus-old-commericals/feed/ 3 http://allthingsd.com/20090706/canesta-full-d7-demo/ http://allthingsd.com/20090706/canesta-full-d7-demo/#comments Mon, 06 Jul 2009 08:35:18 +0000 Kara Swisher http://d7.allthingsd.com/?p=2262

The search for the perfect remote control continues, this time from Canesta, a San Jose-based company specializing in 3-D “natural interfaces.”

That means controlling your television via a series of gestures–including a wave and more.

Canesta demoed the innovative technology to control TV functions, from changing channels to navigating more complex menus, for Walt Mossberg and me at the seventh D: All Things Digital conference.

Here’s a video of the D7 demo:

]]> http://allthingsd.com/20090706/canesta-full-d7-demo/feed/ 0 http://allthingsd.com/20090706/canesta-the-full-d7-demo/ http://allthingsd.com/20090706/canesta-the-full-d7-demo/#comments Mon, 06 Jul 2009 08:32:44 +0000 Kara Swisher http://kara.allthingsd.com/?p=15441

The search for the perfect remote control continues, this time from Canesta, a San Jose-based company specializing in 3-D “natural interfaces.”

That means controlling your television via a series of gestures–including a wave and more.

Canesta demoed the innovative technology to control TV functions, from changing channels to navigating more complex menus, for Walt Mossberg and me at the seventh D: All Things Digital conference.

Here’s a video of the D7 demo:

]]> http://allthingsd.com/20090706/canesta-the-full-d7-demo/feed/ 0 http://allthingsd.com/20090616/judge-denies-apple%e2%80%99s-transfer-request/ http://allthingsd.com/20090616/judge-denies-apple%e2%80%99s-transfer-request/#comments Tue, 16 Jun 2009 10:49:03 +0000 Ben Charny http://voices.allthingsd.com/?p=12669 Apple (AAPL) employees will have to go that extra 12 miles for their employers after all.

U.S. District Judge Claudia Wilken recently denied a request from the Cupertino, Calif., company to transfer an unusual lawsuit it faces to a federal judge in San Jose, Calif.

Apple argued the move would make for a more convenient trek–about 88 miles round trip when leaving Apple HQ–for Apple employees involved in the case.

Lawyers for OdioWorks, which is suing Apple, characterized its legal foes’ request as an “attempt to undermine the assignment procedure” that paired the lawsuit with a judge in the Oakland courthouse. Last week, Judge Wilken set aside Apple’s request without comment, thus leaving the 100-mile round trip commute between Cupertino and her courtroom in Oakland in place.

Read the rest of this post on the original site

]]> http://allthingsd.com/20090616/judge-denies-apple%e2%80%99s-transfer-request/feed/ 0 http://allthingsd.com/20090226/yahoo-cfos-newest-search-deal-search-for-a-new-job/ http://allthingsd.com/20090226/yahoo-cfos-newest-search-deal-search-for-a-new-job/#comments Thu, 26 Feb 2009 19:00:39 +0000 John Paczkowski http://digitaldaily.allthingsd.com/?p=13712

[ See post to watch video ]

]]> http://allthingsd.com/20090226/yahoo-cfos-newest-search-deal-search-for-a-new-job/feed/ 1 http://allthingsd.com/20090226/yahoo-cfos-newest-search-deal-search-for-a-new-job-2/ http://allthingsd.com/20090226/yahoo-cfos-newest-search-deal-search-for-a-new-job-2/#comments Thu, 26 Feb 2009 19:00:39 +0000 John Paczkowski http://digitaldaily.allthingsd.com/?p=13712

[ See post to watch video ]

]]> http://allthingsd.com/20090226/yahoo-cfos-newest-search-deal-search-for-a-new-job-2/feed/ 0 http://allthingsd.com/20081125/as-tech-job-cuts-mount-layoff-rumors-pervade-the-valley/ http://allthingsd.com/20081125/as-tech-job-cuts-mount-layoff-rumors-pervade-the-valley/#comments Tue, 25 Nov 2008 14:32:38 +0000 Eric Savitz http://voices.allthingsd.com/?p=6335 When the Internet and telecom bubble burst, Silicon Valley jobs evaporated: by 2005, California’s Santa Clara County–which includes San Jose, Palo Alto, Cupertino, Mountain View and other tech-focused towns–had given up more than 20 percent of its total job base, a loss of over 200,000 jobs. So how bad will it get this time around?

Well, here’s what we know so far. California’s overall employment rate hit 8.2 percent in October, up from 7.7 percent in September, to the highest level since September 1994. Now, that’s not just the tech industry hurting: the construction industry in the state has lost 69,500 jobs this year, for instance. In Santa Clara County, the jobless rate stands at 6.9 percent; San Francisco is lower, at 6 percent, while San Matero County, home to venture capital’s Sand Hill Road, is down at 5.4 percent. Slightly worse off are the East Bay counties of Alameda, at 7.1 percent, and Contra Costa, at 7 percent. The national jobless rate stood at 6.5 percent in October.

Read the rest of this post

]]> http://allthingsd.com/20081125/as-tech-job-cuts-mount-layoff-rumors-pervade-the-valley/feed/ 0 http://allthingsd.com/20080804/kara-visits-the-yahoo-annual-meeting/ http://allthingsd.com/20080804/kara-visits-the-yahoo-annual-meeting/#comments Mon, 04 Aug 2008 07:01:03 +0000 Kara Swisher http://kara.allthingsd.com/?p=2488

BoomTown was blogging so manically from the Yahoo annual meeting, which took place in San Jose on Friday, I plum forgot to load up the video I did there.

No video was allowed inside the meeting or anywhere near it, by the way. So rather than getting beaten senseless by the squads of purple-clad Yahoo (YHOO) minions of CEO Jerry Yang, I decided to pocket my Flip camera for part of it.

But, afterwards, I did a very interesting interview with shareholder activist Eric Jackson, who has been beating on Yahoo for awhile.

To no avail, for now. As it turned out, Yang and the Yahoo board sailed out of the meeting pretty much intact, despite all the hubbub of this past year, from the company’s weakened performance to the full-frontal bid attack by Microsoft (MSFT).

Here is the video (and apologies for saying “board” meeting in several places in the video, rather than “annual” meeting):

[ See post to watch video ]

Also, here are my liveblogging posts from the meeting, in time order:

BoomTown Liveblogging From Yahoo Annual Meeting in San Jose!

Liveblogging From Yahoo Annual Meeting: Empty Chairs and No Power

Liveblogging From Yahoo Annual Meeting: Tim Koogle Returns!

Liveblogging From Yahoo Annual Meeting: Bostock Defends Microsoft Dealmaking (Or Lack Thereof)

Liveblogging From Yahoo Annual Meeting: Yangtastic!

Liveblogging From Yahoo Annual Meeting: Shareholder Q&A!

Yahoo Shareholder Vote: Old Board Stays Put (While AOL Makes Another Boneheaded Move!)

]]> http://allthingsd.com/20080804/kara-visits-the-yahoo-annual-meeting/feed/ 0