Checker's lawyers are seeking half a billion dollars for the "irreparable damage and harm" caused by the Chubby Checker, an app for Hewlett-Packard's Palm OS platform. "This lawsuit is about preserving the integrity and legacy of a man who has spent years working hard [editor's note: HA!] at his musical craft and has earned the position of one of the greatest musical entertainers of all time," explained lawyer Willie Gary.

The lawsuit alleges that the egregious and flagrant acts of Hewlett Packard and Palm, Inc., if not stopped immediately, will permit Defendants to enjoy profits to which they are not entitled.

In August 2007, I received a call from Steve Jobs, the Chief Executive Officer of Apple. In the months before the call, several employees had moved between the two companies. On the call, Mr. Jobs expressed concern about employees being hired away from Apple by Palm. As a solution, Mr. Jobs proposed an arrangement between Palm and Apple by which neither company would hire the other's employees, including high tech employees. Mr. Jobs also suggested that if Palm did not agree to such an arrangement, Palm could face lawsuits alleging infringement of Apple's many patents.

I did not agree to Mr. Jobs's proposal and responded by sending an email on 15 August 24, 2007

Steve, we don't want to hurt Apple. As I said on the phone, Palm is focused on building the best team in the industry, and we know there is a lot of quality talent outside of Apple. On the other hand, this is a small space, and it's inevitable that we will bump into each other. Threatening Palm with a patent lawsuit in response to a decision by one employee to leave Apple is just out of line. A lawsuit would not serve either of our interests, and will not stop employees from migrating between our companies. This is a very exciting time for both of our companies, and the market is certainly big enough for both of us. We should focus on our respective businesses and not create unnecessary distractions.

That said, I want to be clear that we are not intimidated by your threat. Palm has a very robust portfolio of patents, having been in the handheld and smartphone businesses since the early 90's. in addition, Palm now owns the former Siemens mobile patent portfolio, most recently held by BenQ Corporation. This mobile computing and communications portfolio includes over 1500 patent assets, the majority filed in Europe. If you choose the litigation route, we can respond with our own claims based on these patent assets, but don't think litigation is the answer. We will both just end up paying a lot of lawyers a lot of money.

I'm sure you realize the asymmetry in the financial resources of our respective companies when you say: "We will both just end up paying a lot of lawyers a lot of money."

Just for the record, when Siemens sold their handset business to BenQ they didn't sell them their essential patents but rather just gave them a license. The patents they did sell to BenQ are not that great. We looked at them ourselves when they were for sale. I guess you guys felt differently and bought them. We are not concerned about them at all. My advice is to take a look at our patent portfolio before you make a final decision here.

• 6,956,562: Method for controlling a handheld computer by entering commands onto a displayed feature of the handheld computer (originally a PalmSource patent)
• 6,466,236: System and method for displaying and manipulating multiple calendars on a personal digital assistant (originally a Palm Inc. patent)
• 6,950,645: Power-conserving intuitive device discovery technique in a bluetooth environment (originally a PalmSource patent)
• 7,506,064: Handheld computer system that attempts to establish an alternative network link upon failing to establish a requested network link (another PalmSource patent).
• RE40,459: Method and apparatus for communicating information over low bandwidth communications networks (and, yet again, PalmSource)

I hope the company continues to search for ways to sync with iTunes, because the fight--silly as it seems--is important, and Palm is clearly in the right. Apple may have the USB-IF on its side, and it may also be protected by copyright law. But by blocking non-Apple devices from its music app, Apple is violating a more fundamental principle of computing--that unalike devices should be able to connect to one another freely. The principle underlies everything we take for granted in tech today: It's why the Internet, your home network, and the PC function at all. And it's why Palm should keep storming the iTunes fortress.

I am not claiming that Palm has the legal right to hack into Apple's software, nor am I calling on any authorities to compel Apple to let Palm in; if the cat-and-mouse game turns into a courtroom brawl, it's very likely that Apple would win the fight. Instead, I'm calling on Apple to stand down. Even better: It should create a legal pathway for Palm and every other company to sync with iTunes. Why? The most obvious reason is that it's good for iTunes users. Nobody other than Apple benefits from locked-down software. Apple frequently extols the wonders of digital music--the convenience, the flexibility, the environmental friendliness. But how flexible can it be if you're allowed to sync your tunes only with devices made by a single company?

What's more, the iTunes block is hypocritical. Like every other tech company, Apple has benefited enormously from the spirit of interconnectedness that pervades the tech industry. The iPod would have fizzled if Microsoft had blocked it from hooking up to Windows PCs. Or look at the iPhone--Apple is proud that it can sync with Outlook, Microsoft Exchange, Gmail, Yahoo, and just about everything else. Indeed, you could argue that Apple, once left for dead on the periphery of the tech industry, managed to come back only because it skillfully marketed Macs as the most promiscuous computers you could buy.

The caveats were reasonable. Developers have limited resources, and collective uncertainty in Palm and Sprint performance has us hedging our bets. Sure, we could assert that the device is great, but we could not be sure if the ecosystem would grow around it. But I think I'm in a better position to do that now. When 98 out of every 100 reviews say the device is great, isn't that one hell of a consensus? I haven't seen that kind of agreement in this industry since AFTER the launch of the iPhone. That's exactly the kind of community consensus that seeds an ecosystem. I officially retract my hedge. What content developer wouldn't be at least attracted to a device that gains such consistently high grades? Is it just hype? No. A landslide of positive reviews from people who actually tested isn't hype - it's straight As. That's good news for Palm, good news for consumers in that we get another competitive device to run alongside the iPhone, but only marginally good news for Sprint. Verizon took the wind out of Sprint's sales [sic] by announcing they, too would carry the Pre by year end, and AT&T is rumored to want a GSM version.

App Stores: What was innovative about Apple's App Store? It is a single point of sales, it's trusted, compatible, it offers tested apps, and it gives a large (70%) revenue share to the application developer. Nothing new there, but damn, what a success. Once again, Apple succeeded by (not doing anything revolutionary, but) using a simple recipe that makes sense and motivates all stakeholders. Sadly, a similar 'imode' app store has been done by DoCoMo in Japan since 2000, but North American carrier imitations usually neglect being remotely 'open' and don't offer a large revenue share to developers. Turns out, this is fairly important if you want to stimulate a large, diverse offering of useful, high-quality applications. Anyway, all those companies that didn't copy imode are now copying Apple, so expect to see more news around Microsoft's store, RIM Blackberry's store, the Android store, and more. The trend is good, since it will get more money in developers' hands, and should help some phone owners find applications that make their devices more valuable.

Mobile Broadband/Embedded Broadband: There will be lots of talk and probably a bunch of announcements about mobile broadband access at the show. I am referring specifically to the use of cellular broadband modems in devices that are not phones, such as Netbooks, Laptops, cameras, readers, media players, etc. I am moderating a panel on this subject at the CTIA show, and I'm thrilled to be doing it, because it is such a major trend. The two driving forces to this trend are the 3G networks that are already in place, and carrier willingness to sell new kinds of service plans. Carriers have been somewhat stuck in a rut of thinking of mobile access as "one phone, one contract, $60/mo." But recently, their thinking has been changing, and the notion of wholesale businesses of selling connections to devices like Amazon's Kindle is gaining steam. Expect to see more news of daily connection plans for laptops (like Wi-Fi Hotspots), and wireless data bundled in the price of other consumer electronics. 

Femtocells: A femtocell is a small box that looks like a Wi-Fi router, and similarly plugs in at your home or small office. But instead or routing laptops to the Internet, a femtocell routes telephone calls from your mobile phone to your carrier. Put one of these in a home or office with poor cell reception, and instantly get four bars. That's good for you and the carrier, who gets to keep you as a customer. But what also benefits the carrier is that your phone's traffic is now carried over your broadband connection, saving their towers from having to allocate capacity to you. Sprint has it, T-Mobile uses a special variant, Verizon has recently launched it, and AT&T is piloting these devices. I expect femtocells to successfully creep into the marketplace, and we'll hear a fair bit about femtocells at the show, but also other new ways of delivering cellular service like Distributed Antenna Systems, Repeaters, and such.

Backhaul: Wireless data use is taking off. Driven by flat rates, popular and easy to use phones like iPhone, and supplemented by growing use of cellular modems to laptops and Netbooks, people are finally exchanging significant amounts of data traffic from cell towers. But these towers were initially put in place for highly compressed, narrowband voice traffic. As such, each tower was often connected by a meager T1 line. The connection that the towers have to the core network is called "backhaul," and yesterday's backhaul is woefully inadequate for tomorrow's data traffic loads. The short-term solution was to just add more T1s...but the costs of this rapidly become prohibitive. So the long-term solutions that will be discussed at length in Las Vegas are point-to-point microwave wireless relays, metro Ethernet, and fiber optic connections.

The Palm Pre: I'm not sure when the bandwagon is going to hit the trail for this device, but I'm saddling up right now. I've been negative on Palm for a while, but I saw the Pre at CES in January and was pleasantly surprised, but unfortunately didn't allocate much time to Palm. Subsequently, I spent some time with the Pre at MWC in February, and was very impressed. Of all the phones I have seen since the iPhone came out, this is the first one that I think may be better -- and I am very fond of the iPhone. I use a very powerful HTC Windows phone, and when I see the Pre in action, I find myself repeatedly saying "I wish my phone could do that." 'Synergy,' the Pre's ability to pull together your contacts, emails, calendars into one consolidated view, is a favorite element. But what really struck me was the User Interface, which is very visual, very touch, and very intuitive. I felt the same way I felt when I first saw the iPhone in action. The Pre is not an evolution of previous Palms. It is a new starting point, and like the iPhone, it seems devoid of classic silo thinking and lousy UI baggage. I can't predict whether the developer community will rally around the Pre, or whether Sprint and Palm will be successful in selling big volumes, but I want to call this one early: the Pre is a great smartphone.

More iPhone "killers": We've seen handset vendors offer so-called iPhone Killers at every turn since June 2007. I have found almost every such claim to be unfounded over the past 2 years. I have written that a touch screen and square icons do not an iPhone Killer make. But quarter-by-quarter, the competitors' claims get more and more credible. While HTC, Nokia, RIM, Samsung, and LG make incremental progress to matching the iconic device, I think Palm has the real bomb to drop, if they manage to get the Pre to market on time.

Android: The past year was almost devoid of Android handset announcements. Barcelona was strangely silent on that front. In fact, we haven't heard much about new Android handhelds since the T-Mo G1 was announced early in 2008! But there's enough rumors floating around to suspect a batch of Android announcements this week. Let's wait and see. 

Google Voice: Google recently announced their Google Voice service, and it has created quite a stir in the industry. The fixed carriers have long felt threatened by Google, although the search giant had yet to fire a shot across the mobile carriers' bow. So long as it stayed in search, email, web VoIP, advertising, and location services, Google was only a thorn in the cellcos' side. But with the addition of Google Voice (GV), Google is now going straight at the heart of the carrier's core service. GV is essentially a disintermediation play, where users will use just one phone number, provided by Google, and can intelligently route and manage their phone calls to desk, cellphone, voicemail, email, etc., by using a web dashboard interface. By using a Google phone number, users needn't even tell anyone their cellular or landline numbers -- the carriers become pipes for the Google Voice customer. Expect to see and hear some responses, which have already started from other newcomers like Skype, or classic solution vendors like AlcaLu.

Meet Huawei: If you are not familiar with this company yet, better learn how to pronounce the name. Huawei is the leading example of the next generation of telecom infrastructure providers out of China. They have been selling competitive equipment for years, but carriers in Western countries have been reluctant to adopt their products based on a perceived quality gap with leading vendors like Ericsson, Nortel, Motorola, and Alcatel-Lucent. But the winds are shifting. Tougher economic times, paired with some successful Huawei reference cases in Leap Wireless, Cox cable, and Canadian telcos, prove that Huawei can compete on quality and price. Huawei is growing its presence in the US, recently opening offices here in Silicon Valley. Could a major US carrier deal be in the making?

We like competition--as long as our competitors don't rip off our IP. And we're going to go after anyone who does. I'm not talking about any particular company, but we are ready to suit up and go against anyone. We will not stand for having our IP ripped off, and we will use every weapon at our disposal....