What's on my mind this morning? Litigation. Like, Paul Allen suing everybody. And everybody suing Facebook.

What's up with that? Has the economy gotten so bad that the world is looking to lawyers to boost buisness activity?

In other news:

Genzyme rejects Sanofi bid (Wall Street Journal)

Intel to buy Infineon's wireless outfit for $1.4B (CNN Money).

Blackberry gets a stay in India (BBC). Quick -- figure out how to let people spy!

HP authorizes $10B buyback (Bloomberg). Bidding wars, buybacks -- who needs all that cash, anyway.

Government to propose new fuel economy stickers (USA Today). They'll come with pretty new graphics! Yay, now that's what I call bureaucracy at work...

Most people don't want to be located (NY Times). Especially me. Right now.

Google plans pay-per-view films (Financial Times).

Cisco is reportedly trying to buy Skype before its IPO (TechCrunch).

Oh, this is fantastic, Oracle is suing Google. Larry Ellison vs. Eric Schmidt -- the Alpha Male vs. the Science Geek. This is going to be very interesting!

Oracle says in a press release that Google "knowingly, directly and repeatedly infringed Oracle's Java-related intellectual property." What's interesting is that it involves Java technology, which Oracle acquired when it bought Sun Microsystems earlier in the year. Hmmm, did Oracle lawyers know something that Sun lawyers didnt?

I'm sure you'll be reading more about that in the days ahead. On to some more news:

• IBM is buying software company Unica for $480 million (ZDNet). Unica helps retail sellers target marketing efforts and predict consumer behavior. I bet they can't predict my behavior.
• Sequoia is backing Airstrip, a software company that makes mobile patient monitoring applications (VentureBeat).
• WePay raises $7.5 million for group payment systems (TechCrunch).
• Retail sales rise less than estimated (Bloomberg). Hmm, just a theory here, but does that mean everybody spent their tax refunds?
• China mudslides kill more than 1,000 (CNN).
• Russian fire spreads near nuclear facility (Bloomberg). No, they don't mean it's come close to Boris Yeltsin.
• Google defends net neutrality plan (PCWorld).
• New Google apps extend the cloud (InformationWeek).
• Citizen scientists, using their computers in the Einstein@Home project, have discovered a rare star (BBC).
• Belgium is looking to get greener -- by liquifying corpses (Greenbiz.com). Ewwww.
• Liberals start "F*ck Tea" party compaign (CBSNews). Now, that's kind of funny.

 

 

There are wide-ranging reports, including this one from the San Jose Mercury News, that Intel and the Federal Trade Commission are in settlement talks and a resolution may be imminent.

Given the history of the FTC and technology companies, this is not surprising. They aim for settlement and wrist-slaps as opposed to brack-beaking fines, unlike the Euro trade commission, whose goal is often to slow down as many American technology companies as possible with gigantic fines. Intel was fined $1.5 billion by the EU last year. 

The basic claim is that Intel used customer rebates and discounts, as well as other tactics, to unfairly compete with competitors AMD and Nvidia.

Gleacher & Company is out with a report today saying they do not expect any big fireworks in the settlement, but rather a consent degree that is already priced into Intel's stock. Gleacher says a settlement could be more of a "tailwind" for AMD than Nvidia.

"The FTC is unlikely to issue a fine in the same way the EU did. It is likely to issue a consent decree, whereby INTC is required to comply with certain practices as outlined by the FTC; non-compliance could result in criminal prosecution," says the Gleacher note, issued by analysts Doug Freedman and Ian Eng.

Overall, Gleacher expects the market to react favorably to a settlement for AMD, negatively for NVDA. It has a favorable opinion of Intel going forward.

This week's development of a legal judgment against Myriad Genetics (MYGN) is shaking the biotech world. On Monday, a judge in the District Court for the Southern District of New York ruled against Myriad and granted a motion for the plaintiffs, the American Civil Liberties Union(ACLU) and others, concluding that isolated DNA compositions are not patent eligible subject matter. This essentially invalidated Myriad patents BRCA1 and BRCA2 used in their breast cancer diagnostic tests. Intellectual Property (IP) is the raw material for the creation of biotech companies. Without an invention covered by a robust patent portfolio, venture funding can be very difficult. Since the beginning of the “genomic age” in the late nineties the patenting of genetic materials and methods have gone through a minefield of lawsuits and opinions but in the end  have significantly protected companies with well designed IP. However, patents on human genes have always been a gray area.