The fight for Skype has ended. After weeks of nasty legal sparring, the Internet telephony service’s founders agreed to join the investor group purchasing it from EBay (EBAY) and dropped the lawsuit that had threatened to bollocks the deal.

“Skype will be well positioned to move forward under new owners with ownership and control over its core technology,” said eBay chief executive John Donahoe in a statement. “We look forward to closing the deal and focusing on growing our core e-commerce and payments businesses.”

Under the terms of the agreement, Skype founders Niklas Zennström and Janus Friis will take a 14 percent stake in the company they founded and then sold to eBay, which will include an investment by them.

BoomTown’s Kara Swisher reported yesterday that the total was 13 percent–10 percent for the rights to key Skype technology held by the founders and the option to invest $83 million for three percent more.

In exchange, the pair will give Skype software essential to its operation and drop their various lawsuits against eBay and Skype buyers.

Interestingly, Index Ventures, which helped orchestrate the deal, is leaving the consortium of investors taking a majority stake in the company–as BoomTown reported earlier this week. Index partner Michelangelo Volpi, a former employee of Skype’s founders, had been at the center of one the suits that threatened to ruin the deal. Said Index partner Danny Rimer: “The deal terms changed for Index such that it no longer matches our investment criteria and thus we have decided not to participate in the transaction.”

PREVIOUSLY:

• Volpi and Index Ventures Out of Skype Deal, the Lawsuit-Happy Founder Twins In
• I Love the Smell of Settlement in the Morning: Skype Founders Set to Get 10 Percent, Option to Buy Three Percent More and Two Board Seats
• Volpi and Index Smack Back at Skype Founders With Motion to Dismiss (Plus Filings!)
• When Entrepreneurs Attack! All 10 New Skype Lawsuit Filings!
• Dueling Skype Sides Hire Big Communications Guns
• Skype Actually a “Voice Over IP Litigation” Service

That’s the word from Broadpoint AmTech analyst Brian Marshall, who believes Apple (AAPL) will bring the iPhone to Verizon (VZ) in the second half of 2010 and forfeit AT&T’s “sweetheart” carrier subsidy as a result.

“While [Apple] started off with exclusive arrangements in 2007 with the original iPhone launch, the company has since migrated towards multiple carriers per region,” Marshall wrote in a note to investors. “In our view, diverse carrier support is a key element to driving global penetration of the iPhone. Therefore, we believe the chances are high the iPhone will find its way onto the [Verizon] network in 2H10.”

Of course, should things play out that way, the iPhone will no longer be the powerful subscriber-retention tool it is today. And Marshall believes that will lower the subsidy it commands from an estimated $450 to around $300.

This might seem to imply a nasty hit to Apple’s bottom line, but Marshall figures any losses Apple might suffer would be more than made up in volume. He sees Verizon selling roughly 14 million iPhones in the 2011 calendar year. And with an average selling price of $500, that’s another $7 billion in revenue for Apple.

This according to RBC Capital Markets analyst Mike Abramsky, who in a research note today says all three are positioned for leadership in the “huge, nascent and underpenetrated” smartphone market. The smartphone, says Abramsky, is a uniquely transformational innovation in that it represents the convergence of four iconic technology markets–PC and computing, Internet, consumer electronics and wireless phones.

As interest in mobile email, mobile browsing and mobile applications grows, as handsets become more powerful and the networks on which they run improve, consumers will begin to bypassing PCs and the tethered Internet for the iPhone, the BlackBerry, the Pre and the mobile computing experience they offer. And that transition will create an enormous market opportunity for smartphone vendors like Apple (AAPL), RIM (RIMM) and Palm (PALM).

“Because of their convergence capabilities,” writes Abramsky, “we believe that smartphones possess the ability to capture users, revenues, market share and profits from not only the 1 billion unit+ per year handset market–but also from the PC market (300 million units per year), TVs (200 million units per year), personal media players (230 million units per year), digital cameras (125 million units per year), personal gaming devices (37 million units per year), portable navigation devices (32 million units per year) and other formerly discrete market segments.”

Bolstering his case, Abramsky adds, “At the end of calendar 2008, only 2.5% of the ~7 billion people in the world had smartphones and 24% had Internet access (only 8% are Internet subscribers, the difference being multi-user households and Internet cafes). A huge market opportunity for smartphones exists, given that globally there are 3.7 billion mobile phone subscribers, 2.5 billion consumer electronics users, 1.6 billion Internet users, and 1.1 billion PC users.” (Click on chart below to enlarge.)

Great news for Apple, RIM and Palm, which Abramsky sees as the market’s emerging leaders. And, as I noted earlier, great news for investor holding their shares. Says Abramsky: “We are raising our price targets on RIM from $100 to $150, on Apple from $190 to $250, and on Palm from $18 to $25, justified by increased market shares which, as visibility improves to the huge smartphone opportunity, offer upside to financials and potential multiple expansion.”

Reporting second-quarter earnings this morning (release, investor presentation), Sprint (S) posted a loss of $384 million, or 13 cents a share as customers defected to rival carriers. Revenue tumbled 10 percent to $8.14 billion.

Analysts surveyed by Thomson Reuters expected a loss of two cents on revenue of $8.13 billion.

A nasty miss, and one made worse by the loss of 991,000 subscribers in the crucial postpaid category. This after the troubled wireless carrier lost more than one million postpaids in the first quarter of 2009 and 1.27 million in the quarter prior to that. Sprint’s total subscriber count today: 48.8 million. As I said earlier this year, Sprint is hemorrhaging subscribers like Dan Ackroyd’s exsanguinating Julia Child.

And the Pre hasn’t done much to stanch the bleeding, though CEO Dan Hesse says Palm’s (PALM) smartphone has helped some. “In the second quarter, we made further progress on our efforts to enhance financial stability, improve the customer experience and reinvigorate the brand,” he said in a statement. “The widespread visibility surrounding our record-breaking June launch of the Palm Pre handset gave us an unprecedented opportunity to showcase these improvements to customers as ‘a new Sprint.’”

Indeed. Too bad so few people seem to be interested in them.

UPDATE:
During a conference call with analysts, Hesse suffered a barrage of questions about the Pre, its sales and how Sprint is faring against the iPhone 3GS. He declined to provide sales figures for the Pre and said only that its introduction has helped stave off customer churn. “I don’t want you to think there’s no impact from the iPhone,” he said. “It’s a successful device, but we’ve mitigated the impact with a strong device lineup.”

Earnings were $2.32 per share, up from $1.97 per share in the same period last year, and well above the $2.02 per share the Street was looking for. Sales were $23.25 billion, lower than the $23.59 billion predicted by analysts, but second-quarter net income was $3.1 billion, up 12 percent year-over-year.

IBM, it seems, is generally weathering the econalypse pretty well (investor presentation). Indeed, the company raised EPS guidance for the full year, saying it now expects to earn at least $9.70 per share this year, compared to its previous forecast of $9.20. (Click on Highlights summary below to enlarge.)

“As a result of our strategic transformation, we have a very strong business model that is delivering superior earnings, cash, and client value,” said IBM CEO Sam Palmisano in a statement. “We are optimistic about how IBM is positioned to make the most of current growth opportunities as well as those that emerge as the economy recovers.”

I guess IBM’s practice of sacking U.S. employees and shifting their jobs to lower-cost countries is serving it quite well in this souring economy.

IBM (IBM) shares, which are already up more than a quarter this year, rose another 2.1 percent to $112.93 on the news.

People familiar with the matter tell Bloomberg that Apple’s handling of the matter remains under scrutiny and that company directors Art Levinson and Bill Campbell had been briefed by Jobs’s doctors on his medical condition at the time of the January disclosures, but little else.

Now, the path from “Steve is suffering from a common bug” to “a hormone imbalance has been robbing Steve of the proteins his body needs to be healthy” to “Steve has undergone a liver transplant” is obviously something of an eyebrow-raiser. But whether it was material to Apple’s business and therefore required disclosure isn’t clear. After all, Apple (AAPL) did just fine while Jobs was on sabbatical; the debut of new Macs, iPods and iPhones is testament to that. Beyond that, there’s this: Apple’s stock posted a 59 percent gain while he was away.

“The issue is not going to be whether they needed to disclose the medical records,” James Cox, a securities law professor at Duke University, told Bloomberg. “It’s going to be whether they monitored the disclosures about his health, in relation to investor expectations that Apple would continue to be led by Steven Jobs….[Apple] did fine. Do you need to say more than, ‘Our CEO has health problems and he’s out on leave?’ The question I think the SEC is looking at is whether it’s material.”

“You know the beautiful thing: June 29, 2009, is the two-year anniversary of the first shipment of the iPhone. Not one of those people will still be using an iPhone a month later.”

– Palm investor Roger McNamee

Palm (PALM) seems to have satiated pent-up early demand for its new Pre smartphone, constrained supplies be damned. In a pair of investor notes issued today, analysts at Pali Research and JP Morgan say that sales of the Pre have tapered off to a point where supply and demand are roughly in parity.

“We have concluded our 3rd round of channel checks for the Pre,” writes JP Morgan analyst Paul Coster, who notes that demand for the handset is hovering at about 40,000 per week. “The gap between supply and demand has closed at Sprint and BestBuy stores, waitlists are eliminated or down, and most stores now have Pre devices in stock.”

Pali Research analyst Walter Piecyk also surveyed the Pre landscape and reached a similar conclusion, though he sees the slowing of sales as a bit more pronounced. “We believe that Palm Pre sales have slowed over the past week for Sprint to under 40,000 from 50,000-60,000 last week,” he writes. “…We suspect that if sales continue to moderate, Sprint would increase its marketing budget for the product. The marketing budget behind the product has been somewhat limited to date compared to the marketing push that Apple does.”

Indeed. And let’s not forget that Apple (AAPL) has a new handset on the market that’s been selling quite well. Makes you wonder if this ebb in demand for the Pre is somehow related.

Guess it’s looking like Palm investor Roger McNamee’s hyperbolic predictions about iPhone-to-Pre conversion aren’t going to quite pan out.

And this is certainly a good time to buy. “To be successful in the long run, Microsoft needs people to green-light the best acquisitions and teams of people with the right skill sets to integrate them,” Jackson writes. “Frankly, Microsoft hasn’t shown it has either of those abilities. Microsoft investors don’t need another expensive aQuantive deal or Facebook investment that smacks of desperation and has questionable long-term value for the company’s shareholders. It needs to take a page out of IBM’s and Oracle’s playbook, though, and start doing deals to grow its top and bottom lines. A big debt issuance, with a skilled acquisition team, and evidence of some exciting growth-related deals could suddenly show the market that this elephant can dance again.”

In an interview with Bloomberg, McNamee–co-founder of Elevation Partners, which owns 39 percent of Palm (PALM)– claimed owners of Apple’s (AAPL) iPhone will switch en masse to the Palm Pre when their contracts expire. “You know the beautiful thing: June 29, 2009, is the two-year anniversary of the first shipment of the iPhone,” he said. “Not one of those people will still be using an iPhone a month later. Think about it–If you bought the first iPhone, you bought it because you wanted the coolest product on the market. Your two-year contract has just expired. Look around. Tell me what they’re going to buy.”

I dunno, the iPhone 3.0?

A hubristic claim, even for McNamee and one reminiscent of those ill-starred words Palm CEO Ed Colligan uttered back in 2006:

“We’ve learned and struggled for a few years here figuring out how to make a decent phone. PC guys are not going to just figure this out. They’re not going to just walk in.”

Look, Ed! Behind you!

Yeah, those PC guys never stood a chance…

Clearly, the so-called IPO window has been slammed shut by the capital crisis. Indeed, data from Dealogic show that 298 IPOs were postponed or withdrawn over the past 11 months–quite a few more than the 167 that met that fate in all of the 2007. And those companies that went through with their offerings didn’t fare so well. Almost 50 percent of new issues fell on their first day of trading, and aftermarket performance was poor, according to Renaissance Capital; the average new issue was down 38 percent by year-end.

“Performance of 2008 new issues in the US was abysmal by historical standards, although not surprising given the steep decline in equities,” says Renaissance. “The average first day pop was a paltry 2%, down from the more than 10% average first day return investors became accustomed to in each of the last five years. A whopping 58% of all new issues traded down in their market debut, the worst first day showing in at least a decade and almost four times the IPO market’s 10-year average.”

Little wonder, then, that the U.S. went three months without an IPO during the second half of the year–the longest dry spell since the recession of the 1970s.

When will the IPO market return? Tough to say. Renaissance says there’s a lot of pent-up demand by potential issuers to raise equity capital. But they’re not likely to test the IPO waters until the financial markets stabilize.

Looks like Sue was right, and the road to which he referred was a short one. The struggling telecom company has hired counsel to explore a bankruptcy filing, The Wall Street Journal reports. Nortel, well aware what such reports can do to investor confidence, insists that no such filing is imminent. The company does, however, acknowledge that it has engaged advisers to help it weather the current economic storm. Just who has Nortel hired? Word on the street says Lazard Ltd. and law firm Cleary Gottlieb Steen & Hamilton.

Grim news for Nortel, which has spent the past several years trying to recover from the general downturn in the telecom industry and a nasty accounting scandal. With apparently very little success.

In a statement Wednesday, the company said, “Nortel is hard at work reshaping the business to even better serve our customers. There are those who fuel negative speculation, but there are many more who believe that Nortel has put in place the necessary plans to strengthen our financial footing and reset our cost base.”