JK Shin, President and head of IT and Mobile Communication Division, introduces Samsung Electronics Co's latest Galaxy S4 phone during its launch at the Radio City Music Hall in New York March 14, 2013.

SAN FRANCISCO | Fri Mar 15, 2013 10:48pm EDT

SAN FRANCISCO (Reuters) - Samsung's newest, feature-packed Galaxy S4 may put pressure on Apple Inc to accelerate its pace of smartphone design and venture into cheaper devices - both departures from usual practice.

The latest Galaxy, unwrapped with much fanfare in New York on Thursday, out-does the iPhone in most technical aspects. But the challenges it encapsulates run deeper than just a simple specifications comparison.

"It would be overstatement to say Apple is far behind," Charles Golvin, analyst with Forrester, said, but it does need to note the quickening pace of competitive devices being released.

"If anything, what Apple needs to respond to is the cadence of their own releases, probably a completely new design every two years and a sort of speed bump every year is not an adequate cadence for Apple to remain at the forefront of smartphone innovation today."

Samsung's apparent ability to go toe-to-toe with Apple on cutting-edge smartphones may prompt the U.S. titan to finally make its own assault on the lower-end of the market that it has famously stayed away from -- not least to get into untapped markets like China and India.

Many analysts now say Apple has to respond in force to Samsung and other rivals that are grabbing attention. Much of Wall Street is now looking ahead to the next iPhone, but expectations are muted.

Once the darling of Wall Street, Apple has in six months seen its shares fall 30 percent from a high of $705. Its Maps software was panned for inaccuracies; its once-reliable financial results, that rarely failed to surpass Wall Street estimates, missed analysts' expectations.

IN A RUT

Apple appears stuck in an iPhone product cycle, with a new phone typically launched in the second half. In past years, the iPhone has gotten a complete redesign only every two years.

Brian White, analyst with Topeka Capital Markets, who views the Samsung Galaxy S4 as a refresh and "not a game changer," said smartphone technology is now improving so fast that timetables put Apple at a disadvantage.

More importantly, White said, Apple needs to broaden its portfolio and play in more smartphone categories as the high-end market could soon be saturated, and get into new categories such as the oft-rumored television or a smart watch.

"They have all the components of the magic potion, which is the hardware-software ecosystem," he said. "All they need to do is take that potion and put it in a different segment of the iPhone market."

While many on Wall Street believe the quickest way to penetrate fast-growing markets like India and China is a cheaper iPhone, the risk is that a cheap iPhone would cannibalize demand for the premium version and eat into Apple's peerless margins.

Apple's vice-like grip on its ecosystem - with the closely managed app store and its seamless integration with the hardware - is still seen as its biggest strength, one that Samsung is trying to emulate with a larger investment in software and connectivity. The Korean giant is also emphasizing its own mobile "Samsung Hub" rather than the Google Play store that most other Android adopters point to.

The iPhone has seen its sales increase to 125 million in fiscal 2012 from 40 million in fiscal 2010. But in 2012, Samsung became the No.1 in the global smartphone market with 30.3 percent share followed by Apple with 19 percent share.

Samsung's rapid rise is partly helped by the fact that it bombards the market with close to 40 versions tweaked for regional and consumer tastes, from high-end to cheaper models.

Samsung's momentum is a major issue for Apple, Ben Reitzes, analyst with Barclays, who is expecting Apple to launch a lower-end iPhone globally this summer.

Apple declined to comment on Friday. But a day before Samsung's launch, marketing chief Phil Schiller attacked Google's Android operating system, saying that the majority of its users were stuck on older versions. He also said Apple's internal research showed four times as many consumers were switching to iOS from Android than vice versa.

(Additional reporting by Sinead Carew in New York; Editing by Edwin Chan and Leslie Gevirtz)

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1 of 2. A man walks in front of a company logo outside an Apple store in downtown Shanghai January 24, 2013.

SHANGHAI | Fri Mar 15, 2013 2:14pm EDT

SHANGHAI (Reuters) - Technology giant Apple Inc and car maker Volkswagen AG were singled out by state-run China Central Television (CCTV) in its annual corporate malpractice expose.

On its "3.15" investigative special aired late on Friday, CCTV said that Chinese customers were not given the same post-sales service from Apple as it gave to users in other markets.

The report also said that the direct shift gearbox (DSG) transmission, a long-standing issue for Volkswagen, was causing cars to speed up or slow down during driving.

Volkswagen, which plans to almost double production capacity in China to 4 million cars in the next five years, promised action in response to the "3:15" show, whose name refers to the date of World Consumer Rights Day.

"We take this report very seriously and we will quickly make contact with our consumers to resolve the issue," it said on its official Chinese Weibo microblog.

In a statement Apple China said: "Our team is always striving to exceed our customers' expectations, and we take any customer concerns very seriously."

Apple looks to China not just as its main production base, but also to re-energize slowing growth, the result of rising smartphone penetration in mature markets. CEO Tim Cook sees the world's No. 2 economy as virgin expansion territory, and Apple singles out the region in every quarterly results report.

The television show has named and shamed a number of prominent Western companies in the past, hitting the sales and stocks of its targets in a retail market that is forecast to be the world's largest in three years.

Last year "3:15", one of the most widely watched shows in China, singled out fast-food giant McDonald's Corp and French hypermarket chain Carrefour SA for food safety violations.

The companies were forced to apologize and their shares slumped as China's army of half a billion microbloggers unleashed their anger online.

U.S. retailer Wal-Mart Stores Inc. and Korea's Kunho Tire Co Inc also have been blasted by state TV on Consumer Rights Day.

SAFETY CONCERNS

In December, a separate state television report triggered a food safety scare at Yum Brands Inc. restaurants, cutting its China same-restaurant sales by 20 percent in January and February.

Chinese companies have not been spared from scrutiny.

Public concern about food safety, pollution and corporate corruption has intensified over the last few years, after state media exposed malpractice at local firms including web search engine Baidu Inc and milk producer Inner Mongolia Yili Industrial Group Co.

"These TV exposes create the impression that you can't trust that brand," said Torsten Stocker, head of Greater China consumer practice at Monitor Deloitte. "If there's some smoke then maybe there's much bigger fire."

In a bid to preempt any negative publicity on Consumer Rights Day, some companies launched customer-friendly promotions ahead of the TV show. McDonald's will give out free breakfasts on Monday and Wal-Mart launched an "adopt-a-tree" campaign.

But some Chinese consumers said that the revelations from the "3.15" show would nonetheless have a significant impact on their choice of products in the future.

"I think the exposure of these companies makes them hard to believe again, at least I myself will boycott these companies," Sherry Chen, a clerk at DBS bank in Shanghai, told Reuters in the city's affluent financial district ahead of Friday's show.

The show also stirred up vitriol online in China. Within an hour of the broadcast, Apple had been mentioned 50,000 times on popular web microblog Weibo, China's version of Twitter which has more than half a billion users.

While many posts on Weibo were negative, the targeted companies may take solace that some users were not entirely convinced by the "3.15" show, which is a colorful mixture of under-cover footage and pro-consumer song-and-dance routines.

"Tonight's 3.15 hit out against corruption. But the most fraudulent thing at the end of the night was the show itself," posted Weibo user 'Soledad Horse'. "Oh CCTV, can't you try and find some intelligence from now on?"

(Additional reporting by Fang Yan; Editing by Miral Fahmy and Michael Roddy)

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Security guards and staff stand at the entrance of an Apple store during the release of iPhone 5 in Beijing's Wangfujing shopping district, December 14, 2012.

BOSTON | Thu Feb 14, 2013 7:23pm EST

BOSTON (Reuters) - Some of the biggest hedge funds that helped make Apple Inc a stock market darling lost faith and dumped their stakes in the fourth quarter, fueling the massive drop in the iPhone maker's share price.

Noted stock pickers including Leon Cooperman, Eric Mindich and Thomas Steyer unloaded billions of dollars of Apple shares between September 30 and December 31, according to disclosure documents filed on Thursday.

Shares of Apple rose to an all-time high of $705.07 on September 21 but ended 2012 down more than 24 percent from that peak as investors worried about increasing competition and declining profit margins.

The shares also may have dropped because their price rose too much, too fast.

"The stock just went up so much in early 2012 and then was coming back to earth," said Justin Walters, co-founder of Wall Street research firm Bespoke Investment Group. "Three months from now, we'll be seeing a lot of the people who sold starting to pick it up again."

The fourth-quarter sellers avoided even deeper losses. Apple's shares have lost 12 percent so far this year. The shares lost 42 cents, or 0.1 percent, to close at $466.59 on the Nasdaq on Thursday.

Cooperman's Omega Advisors fund dumped its entire stake of more than 266,000 shares during the fourth quarter, according to its required quarterly disclosure form filed with the Securities and Exchange Commission.

Mindich, named the youngest partner ever at Goldman Sachs before starting his Eton Park Capital Management fund in 2004, got out of Apple entirely in the fourth quarter after making big sales in the third quarter as well. Eton owned 600,000 shares at the beginning of 2012.

Farallon Capital, the hedge fund founded by Steyer, sold 137,000 shares. Steyer, who once worked on the Goldman Sachs risk arbitrage desk under Robert Rubin, stepped down at the end of the year from the firm, which he founded in 1986. Rubin served as U.S. Treasury secretary from 1995 to 1999.

Jana Partners, an activist fund run by Barry Rosenstein, also unloaded its entire Apple stake of more than 143,000 shares. Other notable sellers included Third Point LLC, which had owned 710,000 shares, Viking Global Investors, which dumped 1.1 million shares and Lone Pine Capital, which sold over 800,000 shares.

A much smaller line up of funds bought shares amid the stock's crash. David Tepper's Appaloosa Management nearly doubled its stake during the quarter to about 913,000 shares. George Soros more than doubled his stake to about 184,000 shares. And David Einhorn, who last week sued Apple in a bid for higher dividends, added 20 percent to his holdings to end the quarter with 1.3 million shares.

PROFITABLE TRADES

Despite the plunge in Apple's stock price, most of the managers likely exited their positions with substantial profits because they bought years earlier.

Rosenstein and Cooperman, for example, both started gathering their stakes in the middle of 2010, when Apple shares traded below $300.

At the time, the company's iPhone 4 was beset by alleged faulty reception, a problem that became known as "antennagate." Apple's then-chief executive, the late Steve Jobs, famously dismissed the issue, saying "we don't think we have a problem." But Apple offered customers a free bumper case that was supposed to minimize any issues.

Customers did not seem to care, snapping up millions of iPhones and sending Apple's share price up almost 50 percent over the next year.

Apple came under further scrutiny last week from Greenlight's Einhorn. Einhorn filed a lawsuit to block changes in Apple's policy for issuing preferred stock. Instead, Apple should issue a new class of preferred stock to share more of its $137 billion cash hoard with shareholders, Einhorn said.

Apple Chief Executive Tim Cook dismissed the moves as a "silly sideshow" on Tuesday.

SOME TRIMMED

Not all well-known hedge fund fans of Apple cut ties in the fourth quarter. Some only trimmed their holdings.

Philippe Laffont, who worked under famed hedge fund manager Julian Robertson before striking out on his own at Coatue Management, sold about 18 percent of his Apple shares. Coatue ended the year with a still sizable 643,000 shares.

Chase Coleman, another manager who worked for Robertson, reduced the Apple stake at his Tiger Global Management fund by 19 percent to just over 1 million shares.

Robertson's own Tiger Management LLC fund trimmed its Apple stake by 28 percent to about 42,000 shares.

Large hedge funds are required to disclose their U.S. stock holdings within 45 days after the end of each quarter.

But the filings may not give a complete picture of each fund's moves, since only U.S.-listed shares and options must be revealed. Bonds, foreign shares and derivatives are not included, and short positions, or bets that a stock will fall in price, are not listed.

(Reporting by Aaron Pressman; Additional reporting by Katya Wachtel, Svea Herbst, Sam Forgione and Jennifer Ablan in New York; Editing by Steve Orlofsky and David Gregorio)

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David Einhorn, president of Greenlight Capital, speaks during the Sohn Investment Conference in New York, May 16, 2012.

NEW YORK | Fri Feb 15, 2013 7:14pm EST

NEW YORK (Reuters) - David Einhorn reiterated his arguments Friday that a judge should block a shareholder vote on Apple Inc's proposal to eliminate its ability to issue preferred shares without investor approval, days before a court hearing.

In court filings in U.S. District Court in Manhattan, Einhorn's Greenlight Capital attempted to rebut Apple's arguments that the company's proposal was "pro-shareholder."

"Apple should not be allowed to substitute its judgment for its shareholders' judgment, and should be enjoined" from letting the vote proceed, Greenlight said in a motion.

A hearing on Einhorn's motion for an injunction against the February 27 vote on the proxy proposal is set for Tuesday. A spokesman for Apple declined comment.

Greenlight sued Apple last week as part of Einhorn's larger effort to have the iPhone maker share more of its $137 billion in cash with investors.

As part of that goal, Einhorn has pushed for Apple to issue to its shareholders perpetual preferred stock with a 4 percent dividend.

Among the Apple proxy proposals up for a vote February 27 is Proposal No. 2, which would remove the company's current system of issuing preferred stock at its discretion without a shareholder vote.

Greenlight's lawsuit contends Apple violated U.S. Securities and Exchange rules by "bundling" three separate amendments to its charter into Proposal No. 2. While Greenlight supports two of the amendments, it does not back the one related to preferred stock.

Apple in a Wednesday filing argued the proposal was not bundled and that it had not forced shareholders into an unfair choice. It also noted Proposal No. 2 was supported by proxy advisory services Institutional Shareholder Services and Glass, Lewis & Co.

But Einhorn argued on Friday that ISS and Glass Lewis's support is premised on the belief that eliminating so-called "blank check" preferred stock powers enables a company to defend itself against a takeover.

"In my view, Apple is not a realistic take-over candidate because of, among other things, its enormous market capitalization," Einhorn wrote.

At Tuesday's hearing, U.S. District Judge Richard Sullivan will also hear a separate challenge by an Apple investor from Pennsylvania to block not just the Proposal No. 2 vote, but also an advisory "say-on-pay" vote on executives compensation.

The investor, Brian Gralnick, contends Apple has not disclose enough details about how it made its decisions in awarding restricted stock units to certain executives.

Apple responded that its disclosures were adequate and appropriate.

The case is Greenlight Capital LP, et al., v. Apple Inc., U.S. District Court, Southern District of New York, 13-900.

(Reporting By Nate Raymond; Editing by Leslie Gevirtz)

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A Samsung Galaxy Note II phone-cum-tablet is displayed during the first day of the Consumer Electronics Show (CES) in Las Vegas January 8, 2013.

HELSINKI | Fri Jan 18, 2013 3:45pm EST

HELSINKI (Reuters) - Samsung and Apple pulled ahead in the global smartphone race last quarter, according to forecasts by analysts in a Reuters poll, while Nokia and others are expected to have fallen further behind.

Overall shipments of handsets are expected to have risen in the fourth quarter, with most of that growth dominated by Samsung. Analysts forecast the South Korean company shipped 61 million smart devices, up 71 percent from a year earlier.

Samsung forecast earlier this month that it expected to earn a quarterly profit of $8.3 billion on strong sales of its Galaxy handsets as well as solid demand for flat screens used in mobile devices. Samsung's full results are due by Jan 25.

While some are wary that Samsung's momentum may slow in coming quarters owing to market saturation, it is still expected to outpace Apple as sales of the new iPhone 5 appear slightly weaker than originally forecast.

Apple is forecast to have shipped 46 million iPhones in the quarter, up 25 percent from a year earlier, according to the poll.

Shares in Apple dipped below $500 earlier this week for the first time in almost a year after reports it was slashing orders for screens and other components as intensifying competition eroded demand for the new iPhone.

The poll showed analysts expect Apple's full-year shipments to grow to 167 million this year from 134 million in 2012, while Samsung's shipments are expected to grow to 283 million smartphones in 2013 compared to 210 million in 2012.

NOKIA, RIM AIM TO CATCH UP

Nokia, once the world's biggest handset maker, is expected to have lost more market share. It is now pinning its recovery hopes on Lumia smartphones, which use Microsoft's Windows Phone software.

Analysts forecast Nokia's fourth-quarter shipments of mobile phones fell 15 percent to 80 million units while those of smartphones, including Lumias, fell 65 percent to 7 million units.

Nokia last week said it sold around 4.4 million Lumia handsets in the fourth quarter. Full results are due on Jan 24, and analysts are anxious to hear whether Nokia is confident that Lumia sales will continue to grow in coming quarters.

BlackBerry-maker RIM, another handset maker struggling to claw back market share, is expected to report a 30 percent fall in fourth-quarter shipments to 7 million units, the poll showed.

RIM is to launch new BlackBerry 10 smartphones later this month. The poll showed, however, that analysts expect its full-year sales to fall to around 30 million in 2013 from 33 million in 2012.

(Reporting by Ritsuko Ando; Editing by Sophie Walker)

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SAN FRANCISCO | Thu Jan 31, 2013 10:14pm EST

SAN FRANCISCO (Reuters) - Audience Inc seems to be doing pretty well, even with less of Apple: the audio technology company forecast quarterly revenue well above Wall Street's expectations, helped by more business from Samsung and other smartphone makers.

Shares of Audience jumped 24 percent in after hours trading, after the company said Thursday that it expected revenue between $43 million and $46 million in the March quarter, versus analysts' average estimate of $31.8 million, according to Thomson Reuters I/B/E/S.

Audience, which went public in May 2012, saw its stock slump 58 percent in a single session last September on news that Apple Inc, to which it had been a supplier since 2008, would likely drop its noise-filtering technology in future iPhones, including the iPhone 5.

Its quarterly report underscored the increasing opportunity for Apple's suppliers to look to Samsung Electronics Co Ltd and other mobile device makers to fuel their growth as the iPhone and iPad face stiffer competition.

"Most people bought this stock at the IPO because it was an Apple business. But there's life without Apple," said Jay Srivatsa, an analyst at Chardan Capital Markets.

Audience executives said that more business from Samsung and other smartphone makers would offset dwindling revenue from Apple as fewer and fewer older iPhones that use its technology are sold.

Audience's chief executive, Peter Santos, told Reuters that as growth in smartphone sales moderates, manufacturers would fight more for market share.

"This idea that things stay the way they are - that Apple has a dominant position - I think we're seeing early signs that that's not going to be a permanent situation," Santos said. "What they've done and continue to do is great, but the world is much bigger."

The amount of Audience's revenue that comes from Apple fell from 40 percent in the September quarter to 33 percent in the December quarter.

Chief Financial Officer Kevin Palatnik said Apple would continue to contribute about a third of Audience's revenue in the first quarter, and then decline further this year as Apple launches new devices.

SAMSUNG BOOST

Samsung accounts for more than half of revenue at the Mountain View, California company, which sells chips and licenses intellectual property that improve voice quality in mobile devices by filtering out background noise.

To be sure, even with the jump in Audience's shares following its results on Thursday, its stock price is still 20 percent lower than before it disclosed its loss of Apple's business.

Audience's technology is used in Samsung's Galaxy S3 smartphone, giving it a reasonable chance that it will also be used in future Samsung devices.

"Part of the reason Q1 is so good is they're potentially in the Galaxy S4 that's going to be launched in the April-May timeframe," said Srivatsa of Chardan Capital.

Audience's technology is not used in the iPhone 5, but it is used in two prior generations of the smartphone.

Apple sold a record 48 million iPhones in the December quarter, but its share of the overall market is expected to peak this year at 22 percent and become dependent on repeat business from loyal customers unless it accepts lower margins by making low-cost iPhones, according to ABI Research.

In the fourth quarter that ended in December, Audience posted revenue of $38.7 million, up from $18.0 million in the year-earlier period and beating analysts' expectations of $31.8 million. Quarterly net income was $3.1 million, or 14 cents per share, swinging from a net loss of $5.6 million, or $5.56 per share, a year earlier.

Audience's shares were 24 percent higher in extended trade after closing up 2.86 percent at $12.22.

(This story is refiled to correct figure to $38.7 million, not $38.7 billion, in 17th paragraph)

(Reporting By Noel Randewich; Editing by Carol Bishopric and Chris Gallagher)

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No replacement story will be issued.

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n">(Reuters) - Xerox Corp said Chief Financial Officer Luca Maestri will leave the company in February to join Apple Inc as corporate controller.

Xerox, which also said it was on track to meet its fourth-quarter forecast of adjusted earnings of 28 cents to 30 cents per share, said it had begun an external search for a new CFO.

Maestri will be with Xerox through the end of February to help manage the transition.

He joined Xerox as CFO in February 2011 after serving as CFO of Nokia Siemens Networks from 2008. He also worked with General Motors Corp.

Maestri took home $3.3 million as compensation for 2011, according to a regulatory filing.

He replaces Betsy Rafael who retired from Apple in October.

Xerox's margins have been pressured due to investments in its services business that handles anything from toll systems to Medicare and brings in more than half its revenue.

The company said in October it would take restructuring charges as large companies tightened budgets and government had less funding for projects.

Xerox shares were up 1.5 percent before the bell, after closing at $7.29 on the New York Stock Exchange on Thursday.

(Reporting by Sruthi Ramakrishnan in Bangalore; Editing by Supriya Kurane)

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A zoomed illustration image of a man looking at a computer monitor showing the logo of Amazon is seen in Vienna November 26, 2012.

SAN FRANCISCO | Wed Jan 2, 2013 2:26pm EST

SAN FRANCISCO (Reuters) - A U.S. judge on Wednesday rejected part of Apple Inc's lawsuit against Amazon.com Inc's use of the term App Store, ruling Apple cannot bring a false advertising claim against the online retailer.

U.S. District Judge Phyllis Hamilton in Oakland, California, granted Amazon's motion for partial summary judgment, which only challenged Apple's false advertising allegations. Apple leveled other claims against Amazon, including trademark infringement.

An Apple spokeswoman declined to comment, and an Amazon representative could not be reached immediately.

Amazon has stepped up competition against Apple in recent years, launching its cheaper Kindle tablet computer to go after the dominant iPad and trying to lure mobile application developers to its Kindle platform.

One of the first public clashes in their tussle was Apple's 2011 lawsuit.

Apple accused Amazon of misusing what it calls its APP STORE to solicit developers for a mobile software download service. However, Amazon said its so-called Appstore has become so generic that its use could not constitute false advertising.

In a legal filing last year, Amazon added that even Apple Chief Executive Tim Cook and his predecessor, Steve Jobs, used the term to discuss rivals. Cook commented on "the number of app stores out there" and Jobs referred to the "four app stores on Android."

In her ruling on Wednesday, Hamilton wrote that the mere use of "Appstore" by Amazon cannot be taken as a representation that its service is the same as Apple's.

"Apple has failed to establish that Amazon made any false statement (express or implied) of fact that actually deceived or had the tendency to deceive a substantial segment of its audience," Hamilton wrote.

A trial on Apple's remaining claims is scheduled for August.

The case is Apple Inc v. Amazon.com Inc et al, U.S. District Court, Northern District of California, No. 11-01327.

(Additional reporting by Alistair Barr in San Francisco; Editing by Tim Dobbyn and Jeffrey Benkoe)

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Apple's iPhone 5 is seen on display at the Apple store in Manhasset, New York September 21, 2012.

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A security guard stands next to an Apple retail store during the release of the iPhone 5 in Shanghai December 14, 2012.

SHANGHAI | Fri Dec 28, 2012 8:30am EST

SHANGHAI (Reuters) - A Chinese court has fined Apple Inc 1 million yuan ($160,400) for hosting third-party applications on its App Store that were selling pirated electronic books, the official Xinhua news agency reported on Friday.

Apple is to pay compensation to eight Chinese writers and two companies for violating their copyrights, the Beijing No.2 Intermediate People's Court ruled on Thursday, Xinhua said.

Earlier in the year, a group of Chinese authors filed the suit against Apple, saying an unidentified number of apps on its App Store sold unlicensed copies of their books. The group of eight authors was seeking 10 million yuan in damages.

"We are disappointed at the judgment. Some of our best-selling authors only got 7,000 yuan. The judgment is a signal of encouraging piracy," Bei Zhicheng, a spokesman for the group, told Reuters.

Apple said in a statement that it takes copyright infringement complaints "very seriously".

"We're always updating our service to better assist content owners in protecting their rights," Apple spokeswoman Carolyn Wu said.

China has the world's largest Internet and mobile market by number of users, but piracy costs software companies billions of dollars each year.

Apple, whose products enjoy great popularity in China, has faced a string of legal headaches this year. In July, Apple paid 60 million yuan to a Chinese firm, Proview Technology, to settle a long-running lawsuit over the iPad trademark in China.

($1 = 6.2360 Chinese yuan)

(Reporting by Shanghai Newsroom and Melanie Lee; Editing by Kazunori Takada and Matt Driskill)

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SAN FRANCISCO | Fri Dec 28, 2012 2:14pm EST

SAN FRANCISCO (Reuters) - Apple Inc has agreed to withdraw patent claims against a new Samsung phone with a high-end display after Samsung said it was not offering to sell the product in the crucial U.S. market.

Apple disclosed the agreement in a filing on Friday in U.S. District Court in San Jose, California. Representatives for both Apple and Samsung declined to comment.

Last month Apple asked to add the Galaxy S III Mini and other Samsung products, including several tablet models, to its wide-ranging patent litigation against Samsung.

In response, Samsung said the Galaxy S III Mini was not available for sale in the United States and should not be included in the case.

Apple won a $1.05 billion verdict against Samsung earlier this year but has failed to secure a permanent sales ban against several, mostly older Samsung models. The patents Apple is asserting against the Galaxy S III Mini are separate from those that went to trial.

Samsung started selling the Mini in Europe in October to compete with Apple's iPhone 5. In its filing on Friday in U.S. District Court, for the Northern District of California, Apple said its lawyers were able to purchase "multiple units" of the Mini from Amazon.com Inc's U.S. retail site and have them delivered in the United States.

But Samsung represented that it is not "making, using, selling, offering to sell or importing the Galaxy S III Mini in the United States." Based on that, Apple said it agreed to withdraw its patent claims on the Mini, "so long as the current withdrawal will not prejudice Apple's ability later to accuse the Galaxy S III Mini if the factual circumstances change."

The case in U.S. District Court, Northern District of California is Apple Inc. vs. Samsung Electronics Co Ltd et al., 12-630.

(Reporting by Dan Levine; Editing by Leslie Adler and Dan Grebler)

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The Apple logo hangs in a glass enclosure above the 5th Ave Apple Store in New York, September 20, 2012. Apple's iPhone 5 goes on sale tomorrow.

WASHINGTON | Thu Dec 20, 2012 6:04pm EST

WASHINGTON (Reuters) - Tech giant Apple Inc, battling Samsung Electronics Co over patents in several countries, argued on Thursday that a U.S. appeals court should reconsider its decision to overturn a pretrial sales ban on Samsung for infringement.

The U.S. Court of Appeals for the Federal Circuit in October overturned a pretrial sales ban ordered by a lower court in California. The order was to stop sales of Samsung's Galaxy Nexus smartphone.

Apple argued that this was inappropriate and asked for an "en banc review," which means that a larger panel of judges would reconsider the decision made by the three-judge panel in October.

The fight is over a single patent - one that allows the smartphone to search multiple data storage locations at once. For example, the smartphone could search the device's memory as well as the Internet with a single query.

Apple argued that the sales ban should be reinstated because it uses the patent in question and competes with Samsung. The three-judge panel had said that consumers did not buy Samsung phones primarily because of the patent, and thus, a sales ban was inappropriate.

It has become increasingly difficult for companies to win sales bans related to patent infringement in recent years. Such sales injunctions have been a key for companies trying to increase their leverage in courtroom patent fights.

Apple, in a different patent lawsuit, scored a sweeping legal victory over Samsung in August when a U.S. jury found Samsung had copied critical features of the hugely popular iPhone and iPad and awarded Apple $1.05 billion in damages.

The Nexus phone was not included in that trial, but is part of a tandem case Apple filed against Samsung earlier this year.

The case in the Federal Circuit is Apple Inc vs. Samsung Electronics Co Ltd et al., 12-1507.

Earlier this week, U.S. District Judge Lucy Koh rejected Apple's request for a permanent sales ban against 26 mostly older Samsung phones, though any injunction could potentially have been extended to Samsung's newer Galaxy products. Koh cited the Federal Circuit's Nexus ruling as binding legal precedent in her order.

In a separate court filing on Thursday, Apple said it intended to appeal Koh's ruling.

(Reporting by Diane Bartz; Editing by Leslie Gevirtz)

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A man looks at his iPad while sitting in a cafe in central Beijing June 6, 2012.

SAN FRANCISCO | Fri Oct 12, 2012 6:17pm EDT

SAN FRANCISCO (Reuters) - Apple Inc will host an event on October 23 where it is expected to unveil a smaller iPad that will take on the less expensive devices offered by Amazon.com Inc and Google Inc, a source familiar with the matter said on Friday.

Wall Street analysts have predicted for months that Apple was planning a smaller, less costly version of its popular iPad to take on cheaper competing devices, a move that analysts say might hurt its margins, but prevent its rivals from dominating an increasingly important computing segment.

The source did not specify what the product would be and an Apple spokesman declined to comment, but tech blog AllThingsD reported earlier on Friday that Apple would launch the mini iPad at the event. The device is expected by many experts to have a screen between 7 and 8 inches.

A smaller iPad will directly compete with e-commerce company Amazon's Kindle Fire HD tablet and Google's Nexus 7. Both devices have 7-inch screens and sell for $199. The first Kindle Fire, launched last year, grabbed about a fifth of the U.S. tablet market.

The consumer device company is gearing up to unveil a new product at a major October 23 event, said the source, who declined to be named, only days before Microsoft Corp unveils Windows 8 and its new Surface tablet on October 26.

The Nexus 7, manufactured by Asustek Computer Inc, has also seen a successful start, with the tablet selling out soon after launch.

One Wall Street analyst said he had seen the smaller tablet, dubbed iPad mini by the media, while visiting component suppliers in Asia.

"We actually had the opportunity to play with a pilot iPad Mini used by one of the vendors," Topeka Capital analyst Brian White said. "This 7.85-inch iPad Mini fit our hands like a glove and we were easily able to tuck the device in our sport coat, offering consumers a more mobile iPad experience for certain use cases."

Apple events are typically among the most-watched items on the industry calendar, monitored by consumers and technology investors alike. The event in two weeks, however, comes at a time of volatility for the popular technology stock.

Apple shares closed up 0.25 percent at $629.714 on the Nasdaq market, barely recouping significant losses suffered over the past three weeks as investors cashed out after it touched an all-time high of $705.07 on September 21.

While the stock is up 55 percent this year, it is currently down 10 percent from its record high. Wall Street analysts have cited concerns about disruptions of iPhone supplies after a riot in September at one of the plants operated by its main contract manufacturer, Foxconn Technology, and sharp criticism from consumers about errors in its Maps service.

MARGIN RISK?

Apple's fiscal fourth quarter financial results are scheduled to be released on October 25, two days after the event, offering analysts a rare opportunity to grill executives about a new product just after details are made public.

A smaller iPad could be a risk to Apple's industry-leading margins, given that neither Amazon nor Google has been known to make much money from the smaller tablets.

Amazon's first Kindle Fire just about breaks even, according to IHS iSupply estimates. But the internet retailer sells a lot of content - music, books - through the Kindle line.

Google has said that its $199 Nexus 7 is being sold at cost and has no profit margin.

Apple earned gross margins of 23 percent to 32 percent on its U.S. iPad sales between October 2010 and the end of March 2012, a court filing by Apple in a recent patent trial against Samsung Electronics Co Ltd revealed in July. The company's margins on U.S. iPhone sales are almost double those of the iPad, averaging between 49 percent and 58 percent.

Sterne Agee analyst Shaw Wu said that, if Apple prices the smaller tablet between $299 to $349, it could maintain the current margins.

"The biggest cost in a tablet is the display," he said. "On a mini, the display will be a bit cheaper.

If the tablet is priced below $299, Apple could still maintain a decent margin if it offers 8 GB of storage instead of the minimum 16 GB storage it has in the current iPad, Wu added.

A mini version of the iPad marks a departure for the company that now has just one 9.7-inch iPad, although it does come with various storage options and starts at $499.

Late Apple founder Steve Jobs famously derided the 7-inch screen as unwieldy for tablet applications, saying the devices should come with sandpaper so that users can file down their fingers to use them.

But an internal email revealed during the patent trial showed that Internet chief Eddy Cue argued there was a market for a 7-inch tablet and that Apple should have one. The email, sent in early 2011 to top Apple executives, said Jobs had warmed up to the idea.

Struggling Silicon Valley technology icon Hewlett Packard Co was among the first to show, albeit unwittingly, that there was indeed a healthy market for cheap tablets. Sales of the TouchPad took off after the company slashed the price to $99 from $399 and $499 after deciding to kill the product.

(Reporting By Poornima Gupta and Jennifer Saba; Editing by Gerald E. McCormick, Marguerita Choy and Andre Grenon)

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* Presidents, CEOs, fans pay tribute to Jobs

* Apple co-founder transformed lives of millions

* Jobs praised as "a dreamer and a doer"

* Apple shares up 1 percent (Updates links to stories, graphics, Breakingviews; updates shares)

NEW YORK, Oct 6 (Reuters) - Outpourings of public grief and appreciation swept the globe on Thursday after the death of Apple (AAPL.O) co-founder Steve Jobs.

Jobs, who touched the daily lives of countless millions of people through the Macintosh computer, iPod, iPhone and iPad, died on Wednesday at age 56 after a long battle with pancreatic cancer. He stepped down as Apple chief executive in August.

Reaction in the stock market was muted as Apple shares quickly recovered from an initial 1.5 percent decline. The shares were up 1 percent to $382.15 at midday.

In New York City, an impromptu memorial made from flowers, candles and a dozen green and red apples was erected outside a 24-hour Apple store on Manhattan's Fifth Avenue, with fans snapping photos of it on their iPhones.

"It was really sad news for us," said Daiichiro Tashiro, 25, visiting from Tokyo. "A lot of Japanese use the iPhone. We're here to thank him."

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Obituary [ID:nN1E79424F]

Apple's lead over rivals could narrow [ID:nL3E7L61B9]

Breakingviews - Apple's impact [ID:nN1E7950GQ]

Jobs a god for designers [ID:nL5E7L6347]

Factbox - Apple's history and milestones [ID:nN1E794246]

Graphic - Jobs profile link.reuters.com/tag34s

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Tributes poured in both from ordinary people and from the pinnacles of the business and political worlds.

"He's the hero to everybody of this generation because he did something that I think is very hard, which is be both a dreamer and a doer," General Electric Co (GE.N) CEO Jeff Immelt told reporters in Columbus, Ohio, on Thursday.

"I wouldn't be able to run my business without Apple, without its software," said David Chiverton, who was leaving Apple's flagship Regent Street store in London. "I run a video production company. It's allowed me to have my dream business."

News Corp CEO Rupert Murdoch said, "Steve Jobs was simply the greatest CEO of his generation."

At an Apple store in Sydney, lawyer George Raptis, who was five years old when he first used a Macintosh computer, spoke for almost everyone who has come into contact with Apple. "He's changed the face of computing," he said. "There will only ever be one Steve Jobs."

U.S. President Barack Obama remembered Jobs as a visionary. "Steve was among the greatest of American innovators -- brave enough to think differently, bold enough to believe he could change the world, and talented enough to do it," Obama said in a statement.

Microsoft's (MSFT.O) Bill Gates, who once triumphed over Jobs but saw his legendary status overtaken by the Apple co-founder in recent years, said, "For those of us lucky enough to get to work with him, it's been an insanely great honor."

Nokia (NOK1V.HE) CEO Stephen Elop, whose company competes with Apple's iPhone in the handset market, said, "The world lost a true visionary today. Steve's passion for simplicity and elegance leaves us all a legacy that will endure for generations."

When he stepped down as CEO in August, Jobs handed the reins to long-time operations chief Tim Cook. With a passion for minimalist design and a genius for marketing, Jobs laid the groundwork for the company to continue to flourish after his death, most analysts and investors say.

But Apple still faces challenges in the absence of the man who was its chief product designer, marketing guru and salesman nonpareil. Phones running Google's (GOOG.O) Android software are gaining share in the smartphone market, and there are questions about what Apple's next big product will be.

LEGENDARY ENTREPRENEUR

A college drop-out and the son of adoptive parents, Jobs changed the technology world in the late 1970s, when the Apple II became the first personal computer to gain a wide following. He did it again in 1984 with the Macintosh, which built on breakthrough technologies developed at Xerox Parc and elsewhere to create the personal computing experience as we know it today.

The rebel streak that was central to his persona got him tossed out of Apple in 1985, but he returned in 1997 and after a few years began the roll-out of a troika of products -- the iPod, the iPhone and the iPad -- that again upended the established order in major industries.

A diagnosis of a rare form of pancreatic cancer in 2004 initially cast only a mild shadow over Jobs and Apple, with the CEO asserting that the disease was treatable. But his health deteriorated rapidly over the past several years, and after two temporary leaves of absence he stepped down as CEO and became Apple's chairman in August.

Jobs's death came just one day after Cook presented a new iPhone at the kind of gala event that became Jobs's trademark. Perhaps coincidentally, the new device got lukewarm reviews, with many saying it wasn't a big enough improvement over the existing version of one of the most successful consumer products in history.

Apple paid homage to its visionary leader by changing its website to a big black-and-white photograph of him with the caption "Steve Jobs: 1955-2011."

On Google's home page, the same line appeared just below its search box. It was a link to the Apple site. (For related stories, see TAKE A LOOK at [ID:nN1E79421F].) (Reporting by Jennifer Saba; additional reporting by Sinead Carew and Liana Baker in New York; Scott Malone in Columbus, Ohio; Sarah McBride in Cupertino, California; Poornima Gupta in San Francisco; Edwin Chan in Los Angeles; Matt Cowan in London; and Amy Pyett in Sydney; editing by John Wallace)

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* Next iPhone expected to have larger screens

* Sharp declines to give specific date for shipments

TOKYO Aug 2 (Reuters) - Japan's Sharp Corp. will start shipping screens destined for a new Apple iPhone that is widely expected to be released in October ahead of the pre-Christmas shopping season.

"Shipments will start in August," Sharp's new president, Takashi Okuda, said at a press briefing in Tokyo on Thursday after the company released its latest quarterly earnings.

He declined to give a more specific date for shipments beyond this month.

Apple is planning a major product launch on Sept 12, stoking speculation that the world's most valuable technology company will announce the sale of its redesigned iPhone. Sharp, identified as a supplier by Apple last year, is one of three companies expected to build the screens for the latest Apple offering.

Sharp does not comment on its relationship with Apple, but the screens set to start shipping in August are widely known to be headed for the new iPhone.

The other two suppliers of the panels are LG Display Co Ltd and Japan Display Inc.

Apple is equipping the next iPhone with a larger screen after Samsung Electronics unveiled its latest Galaxy smartphone with a 4.8-inch touch-screen.

Sources earlier told Reuters that the panels will be 4 inches corner to corner -- 30 percent bigger than current iPhones.

Samsung last month posted a record operating profit of $5.9 billion for the quarter ended June, helped by sales of its latest handset.

The iPhone screens will also be thinner than their previous incarnations with the use of so-called in-cell panels. The new technology embeds touch sensors into the liquid crystal display, eliminating the touch-screen layer found in current iPhones.

Samsung and Apple on Tuesday faced off at the start of a high-stakes patent trial, where Apple has accused Samsung of stealing iPhone features like scrolling and multi-touch.

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