Apple's search technology lawsuit against Samsung may go on hold

SAN JOSE, California (Reuters) - A U.S. judge on Thursday asked Apple Inc and Samsung Electronics Co Ltd whether an Apple patent lawsuit over search technology should be put on hold for several months until after an appeals court resolves a separate lawsuit between the two companies.

Apple won a $1.05 billion verdict last year against Samsung in a California trial court, but U.S. District Judge Lucy Koh rejected Apple's request for a permanent sales ban against several Samsung phones. Apple has appealed and a ruling is not expected until September at the earliest.

Apple also accused Samsung in a second lawsuit of violating a separate batch of patents, including the rights to search technology that is part of the iPhone Siri voice feature. That case is scheduled for trial in March 2014.

At a hearing on Thursday in a San Jose, California, federal court, Koh told attorneys for both companies that a potential resolution of the Apple versus Samsung legal war would cover both lawsuits. Koh asked if the second case should be suspended until after the appeals court ruled on the first.

"I just don't know if we really need two cases on this," Koh said.

Apple attorney William Lee said the cases should proceed in parallel as they involve different patents. However, Samsung attorney Victoria Maroulis said there was substantial "overlap" between the two proceedings.

Koh ordered attorneys for both sides to discuss the idea and report back on their positions by March 7.

"I assume there have been no further settlement discussions," Koh asked, "or at least none that have gone anywhere?"

"The answer to the last question is, that's correct," Lee said.

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)

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Big hedge funds fueled fourth-quarter dive in Apple shares

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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No "Plan B" for Microsoft's mobile ambitions: CFO

SEATTLE (Reuters) - Microsoft Corp has not made much of a dent in Apple Inc's and Google Inc's domination of mobile computing, but a top executive hinted on Wednesday that it will not stop trying and does not have an alternative strategy.

"We're very focused on continuing the success we have with PCs and taking that to tablets and phones," Microsoft's Chief Financial Officer Peter Klein said at the annual Goldman Sachs Technology and Internet Conference in San Francisco, which was webcast.

Given Microsoft's lack of success so far, he was asked if there was an alternative strategy or 'Plan B' in reserve.

"It's less 'Plan B' than how you execute on the current plan," said Klein. "We aim to evolve this generation of Windows to make sure we have the right set of experiences at the right price points for all customers."

Microsoft now has two versions of its own brand Surface tablet for sale and released its newest Windows phone software last year. But the company has not made big inroads into either market.

Gartner estimates that Microsoft sold fewer than 900,000 Surface tablets in the fourth quarter, which is a fraction of the 23 million iPads sold by Apple. Microsoft has not released its own figures but has not disputed Gartner's.

Windows phones now account for 3 percent of the global smartphone market, Gartner says, which is almost double their share a year ago but way behind Google's Android with 70 percent and Apple with 21 percent.

To grab more share, Klein said Microsoft was working with hardware makers to make sure Windows software is available on devices ranging from phones to tablets to larger all-in-one PCs.

"It's probably more nuanced than just you lower prices or raise prices," said Klein. "It's less a Plan B and more, how do you tweak your plan, how do you bring these things to market to make sure you have the right offerings at the right price points?"

Klein did not say whether Microsoft itself was planning to move into the growing small tablet market, following the success of Apple's iPad mini, Google's Nexus 7 and Amazon.com Inc's Kindle Fire tablet.

Along with its partners, Klein said only that Microsoft was "well set-up to deliver the most versatile set of experiences across form factors".

Regarding Microsoft's $2 billion loan to Michael Dell and private equity firm Silver Lake to take PC maker Dell Inc private, announced last week, Klein suggested it was simply part of its efforts to support the "ecosystem" of PC makers.

"We have a long history of participating and supporting the ecosystem and that takes different forms. Oftentimes it takes the form of co-marketing, sometimes in helping with development," said Klein. "In a very dynamic industry, our ability to support the ecosystem - particularly the ecosystem that is innovating on our devices and platforms - is a good thing and something we will continue to do."

(Reporting By Bill Rigby; Editing by Kenneth Barry)

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Apple loses right to use iPhone trademark in Brazil: WSJ

(Reuters) - Brazil's copyright regulator on Wednesday stripped Apple Inc of the right to use its iPhone trademark in that country, the Wall Street Journal reported on its website on Wednesday.

The agency that oversees patents in Brazil said Gradiente Electronica SA, a Brazilian consumer electronics maker, already owned the rights to the iPhone name, according to the report.

Apple will be able to challenge the ruling in the Brazilian courts.

Earlier this month, sources told Reuters that the regulator, the Brazilian Institute of Intellectual Property, was likely to make the decision that Apple did not have the rights to the trademark.

Gradiente Electronica registered the "iphone" name in 2000, seven years before Apple launched its popular smartphone.

A spokesperson for Apple in the United States was not immediately available to comment.

(Reporting By Erin Geiger Smith)

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Apple CEO calls Einhorn lawsuit a "silly sideshow"

SAN FRANCISCO (Reuters) - Apple Inc Chief Executive Tim Cook said the board is carefully considering David Einhorn's proposal for the company to issue preferred stock and return more cash to investors, but he called a lawsuit brought by the star hedge fund manager against Apple a "silly sideshow."

Waving aside Einhorn's assertion that Apple is clinging to a "Depression-era" mentality, Cook said on Tuesday the company's board is in "very active discussions" on how to dole out more of its $137 billion hoard of cash and marketable securities.

Einhorn and his Greenlight Capital are suing Apple as part of a wider effort to get the iPhone maker to share more of its cash pile, one of the largest among technology companies. They are challenging "Proposal 2" in Apple's proxy statement, which would abolish a system for issuing preferred stock at its discretion.

Einhorn wants Apple to issue perpetual preferred shares that pay dividends to existing shareholders, which he argued would be superior to dividends or buybacks.

Cook gave Einhorn credit for a novel idea, but the usually unflappable chief executive turned slightly impatient when discussing the lawsuit. He was also dismissive of Einhorn's media and legal blitz - which included the lawsuit as well as multiple television and media interviews.

Einhorn seeks an injunction to block a February 27 shareholders' vote on Proposal 2, in what amounts to the biggest challenge to Apple from an activist investor in years.

"This is a waste of shareholder money and a distraction, and not a seminal issue for Apple. That said, I support Prop 2. I am personally going to vote for it," Cook told a packed hall at Goldman Sachs' annual technology industry conference in San Francisco.

The conflict over Prop 2 "is a silly sideshow," added Cook, who on Tuesday traded in his usual casual jeans attire for slacks and a dark suit jacket, in a nod to Wall Street. Cook said he thought it "bizarre that we would find ourselves being sued for doing something good for shareholders."

Einhorn's clash with Apple centers on a proposed change to its charter that would eliminate the company's ability to issue "blank check" preferred stock at its discretion. Apple, which said the change would not preclude future issuance of preferred shares, is recommending shareholders vote in favor at its annual meeting on February 27.

The lawsuit, filed in the U.S. district court in Manhattan, objects to the bundling of the charter change with two other corporate governance-related proposals in "Proposal 2."

The hedge fund manager, a well-known short-seller and Apple gadget fan, counters that striking the preferred-share mechanism from the charter would make it more difficult to issue such securities down the road.

"If Apple thinks the lawsuit is a waste of resources, it could simply end the matter by complying with existing law and filing a new proxy that unbundles the proposed changes to the charter, so that shareholders can express their views on each matter separately," a Greenlight Capital spokesman said in an emailed statement, responding to Cook's comments.

On Tuesday, influential advisory firm Glass Lewis recommended shareholders vote in favor of Proposal 2, joining ISS and the California Public Employees Retirement System - the top U.S. pension fund - in voicing support for the measure.

Apple and Greenlight appear for oral arguments in U.S. district court in Manhattan on February 19.

DIMINISHING CLOUT

Investors however were disappointed that Cook - who rarely makes lengthy public-speaking engagements - did not provide a "more substantial" view on returning cash.

Apple's share price has tumbled in recent months from a high of just over $700 last September. They finished 2.5 percent lower at $467.90 on Tuesday.

"The only thing that would substantially move the stock would be him saying they were returning cash to shareholders or hinting at a new product," said a manager from a mid-size Dallas hedge fund that owns Apple shares.

"There was a small chance of that happening."

Apple stock is a mainstay of many fund managers' portfolios, with research firm eVestment estimating that 75 percent of U.S. large-cap growth managers had invested more than 5 percent of their portfolios in Apple as of the end of the third quarter of 2012.

But that also increases the pressure on Apple to give away a bigger portion of its cash hoard, which is rising as the share price declines and its outlook grows murkier.

Last March, Apple announced a quarterly cash dividend and a share buyback that would pay out $45 billion over three years. At the time, it was sitting on $98 billion in cash. It has so far returned $10 billion of that, but investors want more.

Apple's own view is that its cash pile is a strategic cushion, offering it more flexibility if a need ever arises, such as a major acquisition. Cook said the company had pondered more than one large acquisition in the past, but none passed its internal test.

The company could well do one in the future if the technology fits, he said.

"We have the management talent and depth to do it," he said. "We don't feel the pressure to go out and acquire revenue."

FREE-WHEELING DISCUSSION

Cook, introduced by Goldman Sachs CEO Lloyd Blankfein at the outset, offered other views on topics from screen sizes and the future of the personal computer to Apple's commitment to "great products."

He disputed a popular view that the smartphone market in developed markets may be saturated.

"On a longer-term basis, all phones will be smartphones and there's a lot more people in the world than 1.4 billion, and people love to upgrade their phones very regularly," he said.

The company is also trying to appeal to cost-conscious customers. Apple has moved to make the iPhone more affordable without introducing a specific cheaper phone, by cutting prices of older models.

"We didn't have enough supply of iPhone 4 after we cut the price," he said. "It surprised us, the level of demand for it."

The chief executive, who departed for Washington, D.C after the conference to join U.S. first lady Michelle Obama at the President's State of the Union address later on Tuesday, otherwise stuck pretty much to his regular script - with a sprinkling of lighter, more personal moments.

He grew animated when praising Apple employees or talking about the company's efforts to improve labor conditions across its sprawling supply chain, and touted the Apple store concept for its uplifting ability.

Cook said that when he is down, he just visits an Apple retail store. "It's like Prozac. It's a feeling like no other."

(Additional reporting by Jennifer Saba in New York; Editing by Gerald E. McCormick, Claudia Parsons and Steve Orlofsky)

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Yahoo CEO says Microsoft search deal underperforms

SAN FRANCISCO (Reuters) - Yahoo Inc Chief Executive Marissa Mayer said the company's search partnership with Microsoft Corp was not delivering the market share gains or the revenue boost that it should.

"One of the points of the alliance is that we collectively want to grow share rather than just trading share with each other," Mayer said at the Goldman Sachs Technology and Internet Conference in San Francisco on Tuesday.

In her first appearance at an investor conference since taking the reins of the struggling Web portal in July, Mayer said she planned to prune a sprawling lineup of mobile apps and she reiterated her focus on enticing consumers to spend more time on Yahoo's online properties, in order to display more money-making ads.

"I'm not confused. Our biggest business problem right now is impressions. Basically can we grow impressions, can we get growth happening here," Mayer said.

Yahoo shares finished Tuesday's regular trading session up 31 cents at $21.21.

Mayer, 37, took over after a tumultuous period at Yahoo in which former CEO Scott Thompson resigned after less than 6 months on the job over a controversy about his academic credentials and in which Yahoo co-founder Jerry Yang resigned from the board and cut his ties with the company.

Yahoo's revenue in 2012 was flat year-over-year, at roughly $5 billion, and down from roughly $6.3 billion in 2010.

"We need to see monetization working better because we know that it can and we've seen other competitors in the space illustrate how well it can work," Mayer said of the search deal with Microsoft.

Yahoo and Microsoft entered into a 10-year search partnership in 2010, hoping their combined efforts could mount a more competitive challenge to Google Inc, the world's No.1 search engine. But the partnership has not lived up to expectations.

Google remains the dominant search engine, with a 66.7 percent share of the U.S. market in December, almost unchanged from its 66.6 percent share two years earlier, according to online analytics firm comScore.

Microsoft had 16.3 percent share and Yahoo had 12.2 percent share in December, a reversal of two years earlier when Yahoo's U.S. search share was 16 percent and Microsoft had 12 percent share.

Yahoo's stock has risen more than 30 percent since Mayer took the helm in July, reaching its highest levels since 2008.

Analysts say that part of the stock's rise has been driven by significant stock buybacks, using proceeds from a $7.6 billion deal to sell half of its 40 percent stake in Chinese Internet company Alibaba Group.

Mayer said that she viewed the company's relationship with Yahoo Japan, which is partly owned by Softbank, as "strategic" to the company. Under previous CEOs, Yahoo had engaged in unsuccessful discussions to "monetize" its roughly 35 percent stake in Yahoo Japan.

(Reporting by Alexei Oreskovic; Editing by Phil Berlowitz)

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Judge speeds up schedule in Apple versus Einhorn case

SAN FRANCISCO (Reuters) - A judge approved Apple Inc's request to speed up the schedule in a lawsuit filed by star hedge fund manager David Einhorn's Greenlight Capital, part of an effort to get the company to share its huge cash reserves with investors.

U.S. District Judge Richard Sullivan of the Southern District of New York on Monday brought forward the legal schedule by a few days at Apple's request, which argued that the issue would have a big impact on the upcoming shareholder meeting on February 27.

Apple told the judge that the request to modify the schedule had the support of Einhorn's counsel.

Einhorn, a well-known short-seller and Apple gadget fan, shocked Wall Street last week by suing Apple to stop the iPhone maker from eliminating from its charter the ability to issue preferred stock without shareholder approval.

He wants Apple to return a bigger piece of its $137 billion cash pile to investors, through the issuance of perpetual preferred shares that pay dividends to existing shareholders.

Einhorn is objecting to how the proposed charter change is bundled together with two other corporate governance-related proposals in the proxy document for the annual meeting.

The lawsuit contends Apple violated Securities and Exchange Commission rules that prohibit companies from "bundling" unrelated matters into a single proposal for a shareholder vote.

Apple says removing the board's ability to issue preferred stock at its discretion heightens governance, because future issuances would then require shareholder approval.

The company will file its response to the lawsuit by the end of Wednesday while Greenlight will file its own response papers by Friday. The judge ordered both parties to appear for oral arguments on February 19.

Apple has said that the proposal in its proxy had the support of many shareholders, and striking such a "blank check" provision from its charter would not preclude preferred share issuances in future.

The law firm of O'Melveny & Myers LLP is representing Apple in the case, with San Francisco-based partner George Riley arguing for Apple.

(Reporting By Poornima Gupta; Editing by Tim Dobbyn)

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Obama may issue order Wednesday on defense against cyber attacks: sources

WASHINGTON (Reuters) - President Barack Obama plans to release a long-awaited executive order aimed at improving the nation's defenses against cyberattacks as early as Wednesday, according to sources familiar with the matter.

The order, drawn up after Congress failed to pass legislation on the issue last year, is meant to improve the protection of critical industries and infrastructure from cyber intrusions.

Concerns about cyber attacks, which have hit a succession of major U.S. companies and government agencies in recent months, also could be raised by Obama in his annual State of the Union address to Congress on Tuesday evening.

One of the White House's major goals is to improve information-sharing about attacks among private companies, and between companies and the government.

"Our biggest issue right now is getting the private sector to a comfort level so they can report anomalies, malware, incidents within their network" without undue fear of being "outed" as victims, said FBI Executive Assistant Director Richard McFeely, head of the Criminal, Cyber, Response and Services Branch.

Most cyber security experts say the executive order - which does not have the same force as a law - is a step in the right direction and a sign that Obama wants to show that he takes the problem seriously.

"I think this can fairly be described as a down payment on legislation," said Stewart Baker, former National Security Agency general counsel and a past assistant secretary for policy at the Department of Homeland Security.

Stewart said he thought the executive order would make a difference in policy and practical terms "but whether it will provide practical protection from cyber attacks is still in doubt."

The executive order will make it easier for people at private companies to get security clearances so classified information can be shared, according to earlier drafts that were leaked and posted online.

It will also make companies work with the National Institute of Standards and Technology to come up with sector-specific standards for cybersecurity and then will require companies to engage with their regulators to decide how those standards are implemented.

"Companies aren't going to, at first, be required to do anything. These are voluntary standards, except for a few critical infrastructure companies," said James Lewis, senior fellow at the Center for Strategic and International Studies.

"If you're regulated, the regulator will be able to say, 'Here are some new standards.' If you're not regulated you won't be touched at all."

(Reporting By Steve Holland, Deborah Charles and Joseph Menn. Writing by Warren Strobel; Editing by Cynthia Osterman)

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Tech wizards honored by Oscars organizers

BEVERLY HILLS, California (Reuters) - Some of the most ingenious behind-the-scenes innovators, whose breakthroughs in computer technology and other fields were key to the making of movies such as "Shrek" and "Avatar," were awarded at an early Oscar organizers' ceremony in Los Angeles on Saturday night.

From the team who developed a system to bring to life computerized digital stunt doubles for fantastic creatures in movies such as "The Hobbit: An Unexpected Journey," to the man who simply developed one of the most versatile lighting delivery systems in film production, the Scientific and Technical Achievement Awards showcased emotional speeches and lifetimes of work for those whose lives are spent behind the camera.

The Beverly Hills ceremony honored 25 individuals with nine awards. Unlike the main Oscars ceremony, which will be held on Sunday, February 24 and will only recognize movie achievements from 2012, the Scientific and Technical Awards honored those with a proven record of achievement in the process of making feature films.

The ceremony was hosted by actors Chris Pine and Zoe Saldana, who respectively played Captain James T. Kirk and Uhura in "Star Trek" in 2009 and who will reprise those roles in this May's sequel. Saldana payed tribute to the night's honorees, saying they made it possible for life in front of the camera.

Richard Mall received perhaps the greatest applause of the night, for his invention of the Matthews Max Menace Arm, a portable device which allows studio lights to be moved and positioned all over a set, often where normal lighting cannot be used because of on-site restrictions of other difficult conditions.

"I am a little humbled to be up here with all this technology, because basically I built something in my garage," Mall said to applause and cheers. He thanked his wife for all the strange noises that had come out of that garage. His invention has been sold to over 40 countries and used in more than 300 films.

The evening was also devoted to people who had invented systems such as "Tissue: A Physically-Based Character Simulation Framework," which has made huge advances in bringing to life computer-generated characters such as Gollum in "The Hobbit". An Academy Plaque for Scientific and Engineering went to Simon Clutterbuck, James Jacobs and Dr. Richard Dorling for this technique.

The team of Daniel Wexler, Lawrence Kesteloot and Drew Olbrich that created the Light system for computer graphics at PDI/DreamWorks was awarded for technical achievement. Their work, which combines light, color and rendering in one, was used in "Shrek," "Madagascar" and other animated DreamWorks pictures.

(Editing by Sandra Maler)

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Insight: Apple and Samsung, frenemies for life

SAN FRANCISCO/SEOUL (Reuters) - It was the late Steve Jobs' worst nightmare. A powerful Asian manufacturer, Samsung Electronics Co Ltd, uses Google Inc's Android software to create smartphones and tablets that closely resemble the iPhone and the iPad. Samsung starts gaining market share, hurting Apple Inc's margins and stock price and threatening its reign as the king of cool in consumer electronics.

Jobs, of course, had an answer to all this: a "thermo-nuclear" legal war that would keep clones off the market. Yet nearly two years after Apple first filed a patent-infringement lawsuit against Samsung, and six months after it won a huge legal victory over its South Korean rival, Apple's chances of blocking the sale of Samsung products are growing dimmer by the day.

Indeed, a series of recent court rulings suggests that the smartphone patent wars are now grinding toward a stalemate, with Apple unable to show that its sales have been seriously damaged when rivals, notably Samsung, imitated its products.

That, in turn, may usher in a new phase in the complex relationship between the two dominant companies in the growing mobile computing business.

Tim Cook, Jobs' successor as Apple chief executive, was opposed to suing Samsung in the first place, according to people with knowledge of the matter, largely because of that company's critical role as a supplier of components for the iPhone and the iPad. Apple bought some $8 billion worth of parts from Samsung last year, analysts estimate.

Samsung, meanwhile, has benefited immensely from the market insight it gained from the Apple relationship, and from producing smartphones and tablets that closely resemble Apple's.

While the two companies compete fiercely in the high-end smartphone business - where together they control half the sales and virtually all of the profits - their strengths and weaknesses are in many ways complementary. Apple's operations chief, Jeff Williams, told Reuters last month that Samsung was an important partner and they had a strong relationship on the supply side, but declined to elaborate.

As their legal war winds down, it is increasingly clear that Apple and Samsung have plenty of common interests as they work to beat back other potential challengers, such as BlackBerry or Microsoft.

The contrast with other historic tech industry rivalries is stark. When Apple accused Microsoft in the 1980s of ripping off the Macintosh to create the Windows operating system, Apple's very existence was at stake. Apple lost, the Mac became a niche product, and the company came close to extinction before Jobs returned to Apple in late 1996 and saved it with the iPod and the iPhone. Jobs died in October 2011.

Similarly, the Internet browser wars of the late 1990s that pitted Microsoft against Netscape ended with Netscape being sold for scrap and its flagship product abandoned.

Apple and Samsung, on the other hand, are not engaged in a corporate death match so much as a multi-layered rivalry that is by turns both friendly and hard-edged. For competitors like Nokia, BlackBerry, Sony, HTC and even Google - whose Motorola unit is expected to launch new smartphones later this year - they are a formidable duo.

THE WAY THEY WERE

The partnership piece of the Apple-Samsung relationship dates to 2005, when the Cupertino, California-based giant was looking for a stable supplier of flash memory. Apple had decided to jettison the hard disc drive in creating the iPod shuffle, iPod nano and then-upcoming iPhone, and it needed huge volumes of flash memory chips to provide storage for the devices.

The memory market in 2005 was extremely unstable, and Apple wanted to lock in a supplier that was rock-solid financially, people familiar with the relationship said. Samsung held about 50 percent of the NAND flash memory market at that time.

"Whoever controls flash is going to control this space in consumer electronics," Jobs said at the time, according to a source familiar with the discussions.

The success of that deal led to Samsung supplying the crucial application processors for the iPhone and iPad. Initially, the two companies jointly developed the processors based on a design from ARM Holdings Plc, but Apple gradually took full control over development of the chip. Now Samsung merely builds the components at a Texas factory.

The companies built a close relationship that extended to the very top: in 2005, Jay Y. Lee, whose grandfather founded the Samsung Group, visited Jobs' home in Palo Alto, California, after the two signed the flash memory deal.

The partnership gave Apple and Samsung insight into each other's strategies and operations. In particular, Samsung's position as the sole supplier of iPhone processors gave it valuable data on just how big Apple thought the smartphone market was going to be.

"Having a relationship with Apple as a supplier, I am sure, helped the whole group see where the puck was going," said Horace Dediu, a former analyst at Nokia who now works as a consultant and runs an influential blog. "It's a very important advantage in this business if you know where to commit capital."

Samsung declined to comment on its relationship with a specific customer.

As for Apple, it reaped the benefit of Samsung's heavy investments in research and development, tooling equipment and production facilities. Samsung spent $21 billion (23 trillion won) on capital expenditures in 2012 alone, and plans to spend a similar amount this year.

By comparison, Intel Corp spent around $11 billion in 2012, and Taiwan Semiconductor Manufacturing Co Ltd (TSMC) expects to spend $9 billion in 2013.

But component expertise, cash and good market intelligence did not assure success when Samsung launched its own foray into the smartphone market. The Omnia, a Windows-based product introduced in 2009, was so reviled that some customers hammered it to bits in public displays of dissatisfaction.

Meanwhile, Samsung publicly dismissed the iPhone's success.

"The popularity of iPhone is a mere result of excitement caused by some (Apple) fanatics," Samsung's then-president, G.S. Choi, told reporters in January 2010.

Privately, though, Samsung had other plans.

"The iPhone's emergence means the time we have to change our methods has arrived," Samsung mobile business head J.K. Shin told his staff in early 2010, according to an internal email filed in U.S. court.

Later that year, Samsung launched the Galaxy S, which sported the Android operating system and a look and feel very similar to the iPhone.

STANDOFF

Jobs and Cook complained to top Samsung executives when they were visiting Cupertino. Apple expected, incorrectly, that Samsung would modify its design in response to the concerns, people familiar with the situation said.

Apple's worst fears were confirmed with the early 2011 release of the Galaxy Tab, which Jobs and others regarded as a clear rip-off of the iPad.

Cook, worried about the critical supplier relationship, was opposed to suing Samsung. But Jobs had run out of patience, suspecting that Samsung was counting on the supplier relationship to shield it from retribution.

Apple filed suit in April 2011, and the conflagration soon spread to courts in Europe, Asia and Australia. When Apple won its blockbuster billion-dollar jury verdict against Samsung last August, it appeared that it might be able to achieve an outright ban on the offending products - which would have dramatically altered the smartphone competition.

But Apple has failed to convince U.S. judges to uphold those crucial sales bans - in large part because the extraordinary profitability and market power of the iPhone made it all but impossible for Apple to show it was suffering irreparable harm.

"Samsung may have cut into Apple's customer base somewhat, but there is no suggestion that Samsung will wipe out Apple's customer base, or force Apple out of the business of making smartphones," U.S. District Judge Lucy Koh wrote. "The present case involves lost sales - not a lost ability to be a viable market participant."

Samsung, meanwhile, came under pressure from antitrust regulators and pulled back on its effort to shut down Apple sales in Europe over a related patent dispute.

A U.S. appeals court recently rejected Apple's bid to fast-track its case, meaning its hopes for a sales ban are now stuck in months-long appeals, during which time Samsung may very well release the next version of its hot-selling Galaxy phone.

THE WORLD IS OURS

The legal battles have been less poisonous to the relationship than some of the rhetoric suggests.

"People play this stuff up because it shows a kind of drama, but the business reality is that the temperature isn't that high," said one attorney who has observed executives from both companies.

Still, the hostilities appear to have put some dents in the partnership. Apple is likely to switch to TSMC for the building of application processors, according to analysts at Goldman Sachs, Sanford Bernstein and other firms. But analysts at Korea Investment & Securities and HMC Securities point out that Apple will not be able to eliminate Samsung as a flash supplier because it remains the dominant producer of the crucial chips.

Apple declined to comment on the details of its relationships with any one supplier.

Meanwhile, both companies are deploying strategies out of the other's playbook as they seek to maintain and extend their lead over the pack.

Samsung has developed a cheeky, memorable TV ad that mocks Apple customers, and dramatically ramped up spending on marketing and advertising, a cornerstone of Apple's success. U.S. ad spending on the Galaxy alone leaped to nearly $202 million in the first nine months of 2012, from $66.6 million in 2011, according to Kantar Media.

For its part, Apple is investing in manufacturing by helping its suppliers procure the machinery needed to build large-scale plants devoted exclusively to the company.

Apple spent about $10 billion in fiscal 2012 on capital expenditures, and it expects to spend a further $10 billion this year. By contrast, the company spent only $4.6 billion in fiscal 2011 and $2.6 billion in fiscal 2010.

But Apple and Samsung retain very different strategies. Apple has just one smartphone and only four product lines in total, and tries to keep variations to a bare minimum while focusing on the high end of the market.

Samsung, by contrast, has 37 phone products that are tweaked for regional tastes and run the gamut from very cheap to very expensive, according to Mirae Asset Securities. The company also makes chips, TVs, appliances and a host of other products (and its brethren in the Samsung Group sell everything from ships to insurance policies).

Apple devices are hugely popular in the United States; Samsung enjoys supremacy in developing countries like India and China. Apple keeps its core staff lean - it has only 60,000 employees worldwide - and relies on partners for manufacturing and other functions. Samsung Electronics, part of a sprawling "chaebol," or conglomerate, that includes some 80 companies employing 369,000 people worldwide, is far more vertically integrated.

It is those differences, combined with the formidable strengths that both companies bring to the market, that may render quiet cooperation a better strategy than all-out war for some time to come.

Said Brad Silverberg, a former Microsoft executive who was involved in the Mac vs. Windows wars, "Apple had learnt a lot of lessons from those days."

(Reporting by Dan Levine and Poornima Gupta in San Francisco, and Miyoung Kim in Seoul; Editing by Jonathan Weber, Tiffany Wu and Peter Cooney)

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