Tag Archive for Patent

VMware Had a Bad Week

VMware Had a Bad WeekVMware (VMW) had a bad week last week. First, a  jury in the U.S. federal district court for the District of Delaware ruled that the virtualization giant infringed on two patents owned by Densify. Densify is a Toronto-based startup that makes cloud and container resource management software. The ruling will cost VMware about $237 million dollars. Of course, VMware will appeal.

VMware logoIn an emailed statement, to sdxcentral VMware wrote, “VMware intend[s] to vigorously pursue all legal remedies that are available to us to prove that we are not liable here.

Next, it was announced that over 200 VMware employees will lose their jobs as part of a “workforce rebalancing.” TargetTech noted that IBM has historically used the same term to describe its periodic layoffs.

In addition to workers losing their jobs, the VMware executive suite has undergone purging too. Reports are that

  • VMware Executative layoffsChief Customer Officer Scott Bajtos, an 11-year VMware veteran who oversaw VMware’s global services team which includes customer success, technical support, professional services support, and customer advocacy.
  • Mark Ritacco, VP of operations and customer intelligence, after almost 11 years,
  • Kate Woodcock, VP of customer advocacy, after almost eight years.
  • Scott Bajtos – global chief customer officer, is leaving after 11 years.
  • Alexa Erjavic, senior director of global services strategy.

VMware acquisitions

Could it be buyer’s regret? Not even cutting a handful of executive salaries can cover the billions VMware has spent on acquisitions over the past 2 years.

In 2018 VMware bought:

  • billions VMware has spent on acquisitionsE8 Security for machine learning (ML) and Artificial Intelligence (AI) for cybersecurity intelligence and analytics.
  • CloudCoreo to manage cloud configurations and identify risks when deploying public clouds to prevent breaches and compliance violations.
  • EMC Service Assurance Suite for monitoring telco network health, performance, and root cause analysis.
  • CloudHeath for multi-cloud management platform across Amazon Web Services (AWS), Microsoft Azure and Google Cloud Platform (GCP) for $500 million.
  • Heptio VMware plans to use Heptio assets to enhance Kubernetes life-cycle management $550 million.

In 2019 VMware bought:

  • VMwareacquisitions over the past 2 yearsAetherPal for remote IT support software to remotely view, control, troubleshoot, and fix devices and applications.
  • BitFusion to support Artificial Intelligence and machine learning-based workloads on graphics processor units (GPUs) (no acquisition price announced).
  • Uhana for 5G mobile network optimization.
  • Intrinsic for secure serverless functions on AWS, Azure, and GCP.
  • Bitnami brings simplified app development with a curated marketplace for VMware customers.
  • Veriflow for network monitoring software for multi-cloud management.
  • Avi Networks for multi-cloud application delivery to enhance performance, resource utilization, automation, and scalability.
  • Pivotal for multi-cloud application software strategy across AWS, Azure & GCP for $2.7 billion. and;
  • Carbon Black to provide an enterprise-grade security platform to protect workloads, applications and networks from device to cloud for $2.1 billion.

Already in 2020 VMware bought:

  • Nyansa to provide network traffic analytics that covers the SD-WAN and the wired and wireless LAN.

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While the hyper-scale cloud vendors AWS, Azure, GCP, and the Chinese giants battling it out for cloud supremacy. Most enterprises have adopted a multi-cloud strategy. VMware is in the incumbent position as it competes with IBM, maybe Cisco, and HPE to be the glue that binds private and public clouds as well as owned data centers into an enterprise multi-cloud strategy. This is a long-term play.

In the near term – all of the acquisitions since 2018, VMware does not have a lot to show for it financially. VWM has been basically flat. VMW spiked to $150.00 in January 2018, hit a peak of $203.64 in, 2019 and has settled back to $157.50 in February 2020.

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Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.

Whats Up With Cisco?

Whats Up With Cisco?What is up with Cisco? Their fiscal results for 2017 Q3 showed revenue of $11.9 billion, a 1% decline in revenue, compared to last year. This is the 6th consecutive down quarter. The networking goliath also issued downward guidance for 2017 Q4. They estimated a revenue declines of 4-6% year-over-year.

Cisco logoOn the earnings call, Cisco CEO Chuck Robbins blamed several factors for the lower guidance. He cited:

  • “A pretty significant stall right now” in the U.S. federal public sector.
  • Service provider revenues were down in Mexico.
  • United Kingdom business is being dampened by currency issues.
  • Middle East, there is “pressure… relative to oil prices.”

Cisco layoffs

Then there are the layoffs. Cisco buried the announcement in a footnote in the company’s SEC 8-K report that 1,100 more layoffs are coming. That is on top of the 5,500 announced in August 2016.

In May 2017, we extended the restructuring plan to include an additional 1,100 employees with $150 million of estimated additional pretax charges.

Cisco layoffs

According to SDXCentral, the Cisco CEO stressed several times on the earnings call, that the company is transitioning to more software and subscription-based business. He declared,

I am pleased with the progress we are making on the multi-year transformation of our business.

These weak financial results and the move to a subscription-based business have fed speculation about the future Cisco business model. TechTarget speculates that Cisco may go so far as to separate the Network Operating System (NOS) from the hardware. They contend the move would be a dramatic departure from Cisco’s traditional business model of bundling high-margin hardware with its NOS. The author believes that market trends will likely force the vendor to release an open NOS.

Open NOS

Cisco 3750 switchTechTarget cites reports from The Information that a hardware-independent NOS called Lindt is coming. Reportedly Lindt will run on a white box powered by merchant silicon. According to the article, a number of market trends are driving the move to a hardware-independent NOS.

The first market trend forcing Cisco’s hand is the company’s declining dominance of the Ethernet switch market. Since 2011, the company’s share has dropped from 75% to less than 60% last year, according to the financial research site Trefis. The decline is important to Cisco’s bottom line. Switches accounted for 40% of Cisco’s product sales in 2016, 30% of net revenues, and 20% of the company’s $162 billion valuation.

Infrastructure as a ServiceCisco’s weakening performance in switching is tied to the second market trend forcing Cisco to release a hardware-independent NOS. Its customers are turning to public cloud providers, Amazon (AMZN) Web Services, Microsoft (MSFT) Azure, and IBM (IBM) SoftLayer, for their IT infrastructure. The more enterprises subscribe to infrastructure as a service, the less networking gear they need in their data centers.

Cloud computing

The shift to cloud providers is found in the latest numbers from Synergy Research Group. Revenue from public cloud infrastructure services is growing at almost 50% a year. In the fourth quarter of last year, revenues topped $7 billion.

 cloud providers are building open networking hardware and softwareThe third market trend forcing Cisco to a hardware-independent NOS is enterprises that were Cisco’s largest customers are now competitors. Enterprises and cloud providers are building open networking hardware and software to replace inflexible proprietary systems that lock them in. Those companies include large financial institutions, like Bank of America, Goldman Sachs, and Fidelity Investments. As well as communication service providers, AT&T (T), Deutsche Telekom, and Verizon (VZ).

The technology shift is driving an enormous amount of spending on IT infrastructure. Worldwide spending on public and private cloud environments will increase 15% this year from 2016 to $42 billion, according to IDC. Meanwhile, spending in Cisco’s core market of traditional infrastructure for non-cloud data centers will fall by 5%.

White boxes

Arista NetworksWhile Cisco is ignoring the trend away from proprietary hardware, the article says Cisco’s rivals are embracing it. Juniper (JNPR) and Arista (ANET) have released versions of their NOS for white boxes favored by cloud providers and large enterprises. Both companies reported year-to-year revenue growth in switching last year. Even Cisco’s patent lawsuit against upstart Arista was set back by the courts.

Rohit Mehra, an analyst at IDC hypothesized that Cisco’s resistance to change is likely due to fear that giving customers other hardware options would accelerate declining sales in switching. “There would be potentially some risk of cannibalization in the enterprise space,” he added.

Cisco insists its customers are not interested in buying networking software that’s separate from the underlying switch. The Cisco spokesperson told TechTarget:

TCisco insists its customers are not interestedhe vast majority of our customers see tremendous value in the power and efficiency of Cisco’s integrated network platforms, and the tight integration of hardware and software will continue to be the basis of the networking solutions we offer our customers

TechTarget adds that Cisco doesn’t say the article is wrong. Instead, the company falls back on a corporate cliché for refusing to discuss a media report. “We don’t comment on rumor or speculation,” a Cisco spokesperson said.

The networking market is evolving away from the hardware that Cisco depends on for much of its valuation. Cisco will resist changing its market approach for as long as possible. But in the end, the company will have to become a part of the trend with an open NOS capable of running on whatever hardware the customer chooses.

Cisco’s own problems

Rather than change its model for selling networking gear, Cisco has spent billions of dollars on acquisitions over the last few years to create software and subscription-based businesses in security and analytics. But Cisco’s software push has yet to pay off with 5 conservative down quarters.

Finally, Cisco just recently patched a flaw in IOS software that affected more than 300 models of its switches. Despite issuing an advisory on March 17, Cisco did not release the patch for this vulnerability until May 8, 2017. The Cisco vulnerability was part of the Vault 7 WikiLeaks dump of alleged CIA hacking tools.

Alleged CIA hacking toolsThe vulnerability, rated a critical 9.8 out of 10 by the Common Vulnerability Scoring System, is in the Cluster Management Protocol, or CMP. could allow a remote, unauthenticated attacker to reload devices or execute code with elevated privileges. This vulnerability can be exploited during Telnet session negotiation over either IPv4 or IPv6.

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Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.

Facebook Friends Without Benefits

Facebook Friends Without BenefitsThe USPTO has granted Facebook (FB) a patent that could be used to help lenders determine your creditworthiness. The Social Networker plans to allow creditors to look at who is in your social network to judge your creditworthiness.

bank check the credit rating of the members of you Facebook network to decide if you are worthy of a loanBusiness Insider says the patent would make it possible for banks to check the credit rating of the members of your Facebook network to decide if you are worthy of a loan. It seems that your shiftless uncle Louie is going to determine if you get a mortgage. According to BI, the patent states:

… When an individual applies for a loan, the lender examines the credit ratings of members of the individual’s social network who are connected to the individual through authorized nodes. If the average credit rating of these members is at least a minimum credit score, the lender continues to process the loan application. Otherwise, the loan application is rejected.

TFacebook logohe patent was first discovered by Atlanta legal tech start-up SmartUp was part of a bundle of patents Facebook acquired in 2010 when it purchased the patents from failed social network Friendster for $40 million.

BI reports that the patent may walk a legal tight rope. The U.S. Equal Credit Opportunity Act requires creditors to tell applicants why they have been denied credit, so using social data to determine someone’s credit risk could walk a fine line. Despite federal law, the author points out that financial institutions are already using applicant’s social data to help verify their identity. For example, Lending Club, and Affirm use online data for decision-making.

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Back in 2010, I wrote about this day coming.

Many banks are now outsourcing their social network data mining operations to firms such as Rapleaf. (now TowerData).

Maybe it is time to un-friend your kid in college with no job and crazy aunt Patti in Paducah and instead friend Warren Buffet, Bill Gates, and Mark Zuckerberg.

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Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.

Patent Wars Are Pointless

Patent Wars Are PointlessThe Business Insider has new data about the value of the patent wars. BI cites Florian Mueller, the founder of the FOSS Patents blog. He says patent litigation is a waste of resources. His research found that the patent wars cost companies millions of dollars in time and lawyer fees. Mr. Mueller analyzed 222 Android smartphone patent assertions. He found that 90% of those cases have gone absolutely nowhere.

Patent trollAccording to BI Intelligence, Mr. Mueller’s data says that 49% of the assertions have failed thus far. Another 42% of assertions were dropped without a comprehensive settlement or a “comparably negative fate.” It turns out that only 9% of the patent assertions were able to establish liability. Even in that small sample, only 50% of those cases resulted in “lasting injunctive relief.” Mr. Mueller says that number would be even smaller if “the patents underlying Nokia’s German injunctions against HTC (2498) had come to judgment in the Federal Patent Court.”

Business Insier chart

In other words, based on patent cases brought to court by Apple (AAPL), Google (GOOG), Samsung (005930), Microsoft (MSFT), Nokia (NOK), Motorola (MSI), and a host of others, litigation is, more often than not, a serious waste of time and money for all parties involved.

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Back in 2012 Boston University estimated that patent shenanigans have cost the US economy $29 Billion annually, now there is evidence it is a total waste of time and money and only funds the lawyers.

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Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.

Seacrest Firm Takes on BlackBerry

– Updated 03-28-2014 – The Verge reports that Judge William Orrick granted BlackBerry a preliminary injunction halting sales of the Typo. In the ruling, Orrick said that BlackBerry had “established a likelihood of proving that Typo infringes the patents at issue and Typo has not presented a substantial question of the validity of those patents.”

Seacrest Firm Takes on BlackBerryFox reality television series host Ryan Seacrest has invaded the tech world. According to CiteWorld, the pop diva has become involved in a patent trolling spat with ailing Canadian smartphone producer Blackberry (BBRY). The site reports that Typo Keyboards, the Los Angeles-based company, co-founded by the “American Idol” host Seacrest submitted documents the U.S. District Court for the Northern District of California that claim in part that BlackBerry’s patent claims are invalid.

Ryan Seacrest

The start-up alleges that BlackBerry won’t suffer serious harm because its products aren’t selling that well anyway and that it has focused on the enterprise market while Typo is targeting consumers.

BlackBerry seeks a monopoly on keyboards for any device. Regretfully, however, small keyboards with nearly identical layouts as the one ‘claimed’

The author says BlackBerry could not immediately be reached for comment.

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How that a pop star diva with the stature of Mr. Seacrest is involved in the wacky world of the mobile patent wars (Which I have covered many times), maybe we will get some new game shows like

What’s My Lie, or

The Patent Price is Right, or

3 Billion Dollar Pyramid Scheme

– I’m just saying. 

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Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.