Analysts mulling over Nokia’s IP infringment suit against Apple seem to be of two minds about how the action will play out. There are those, like Neil Mawston at Strategy Analytics and Ben Wood at CCS Insight, who warn that Apple (AAPL) is on dangerous ground here at best. It’s almost impossible to build a cellphone without using Nokia’s (NOK) intellectual property, they claim. And if that’s the case with the iPhone, then Apple could end up paying Nokia hundreds of millions of dollars in licensing fees if Cupertino ends up on the losing side of this suit. (Click on text image below to see list of patents at issue.)

Some analysts, like Maynard Um of UBS, see Nokia’s action as a preemptory move against a possible infringement suit from Apple aimed at Nokia’s own multitouch handsets.

“We believe Nokia’s suit could be a pre-emptive move ahead of its new handsets launching soon that may have multi-touch capabilities for which Apple has IP,” Um wrote in a note to clients this morning. “We would not be surprised if Apple eventually files an infringement suit if Nokia’s handsets are deemed to infringe its IP and we believe Nokia would prefer any court action to be combined as prior cases have been. We expect the legal process to be drawn out & could involve US Patent Office reviews.”

The endgame here? Most likely an out-of-court settlement and cross-licensing agreements–assuming Apple’s willing. After all, Nokia is on record admitting its fondness for Apple’s technology.

Asked once about the striking similarities between a touchscreen device it was designing and Apple’s iconic handset, Anssi Vanjoki, Nokia’s head of multimedia devices replied, “If there is something good in the world then we copy with pride.”

Check out the video:

Today, the Finnish cellphone giant, which has been struggling to develop a worthy competitor to the iPhone, filed suit against Apple, claiming the popular smart phone infringes upon a number of Nokia patents.

Specifically at issue here: 10 patents covering various wireless data, speech coding, security and encryption technologies. Nokia claims that every iPhone model shipped since 2007 has violated them.

“The basic principle in the mobile industry is that those companies who contribute in technology development to establish standards create intellectual property, which others then need to compensate for,” said Ilkka Rahnasto, vice president of legal & intellectual property at Nokia (NOK). “Apple is also expected to follow this principle. By refusing to agree appropriate terms for Nokia’s intellectual property, Apple is attempting to get a free ride on the back of Nokia’s innovation.”

To that point, Nokia says it has entered into license agreements with about 40 companies for these patents. Only Apple (AAPL) has refused. The obvious endgame here, then, is to force the iPhone maker to change its mind.

“We believe that Nokia is not seeking an injunction; rather, we believe that the company has been in talks with Apple concerning a patent royalty payment for over a year,” Piper Jaffray analyst Gene Munster said in a bulletin to clients. “With today’s announcement, it appears that the companies have not come to a resolution and Nokia is attempting to hasten the process. Nokia is likely looking to obtain a patent royalty of 1-2 percent ($6 to $12) on every iPhone sold in compensation for its IPs concerning GSM, 3G and WiFi technologies on mobile devices.”

Interesting that news of the suit comes just days after Apple announced its most successful financial quarter ever at a time when Nokia is posting nasty losses.

I’ve asked Apple for comment and will update here if I’m offered one.

“The interesting thing about cloud computing is that we’ve redefined cloud computing to include everything that we already do,” Ellison said. “I can’t think of anything that isn’t cloud computing with all of these announcements….These people who are writing this crap are out there. They are insane. I mean it is the stupidest. Is it ‘Oh, I am going to access data on a server on the Internet.’ That is cloud computing?…Maybe I’m an idiot, but I have no idea what anyone is talking about. What is it? It’s complete gibberish. It’s insane. When is this idiocy going to stop?”

In conversation with former Sun (JAVA) CEO Ed Zander at a Churchill Club event a little over a year later, Ellison expanded on those remarks, suggesting that if the cloud is anything, it’s a cloud of BS.

Cloud’s water vapor….Cloud computing is not only the future of computing, it is the present and the entire past of computing.

…Salesforce.com has been around for a decade. And so has NetSuite…and people are saying, “Well, that’s cloud computing.” Google is cloud computing. Everyone is cloud computing….Everything is in the cloud now….It’s this nonsense.

…But it’s not water vapor. All it is is a computer attached to a network. What are you talking about? I mean, what do you think Google runs on?…Water vapor? It’s databases and operating systems and memory and microprocessors and the Internet!

…And the VCs, I love the VCs. [They ask their start-ups] “Oh…is that cloud?” [And the start-ups go] “Oh! Oh! Microsoft Word! Change ‘Internet’ to ‘cloud’! Mass change. Give it back to these nitwits on Sand Hill Road.”

…What do you mean by “cloud computing”?…All the cloud is is computers on a network.

Our industry is so bizarre. They just change a term and they think they’ve invented technology….You can’t just come up with a [slogan] like “Let’s call that ‘cloud.” [But] it sure beats innovation.”

Below, the full video. Ellison’s rant begins around the 45:54 mark.

“No, we’re not going to spin [MySQL] off,” Oracle CEO Larry Ellison told attendees of a Churchill Club event in Silicon Valley Monday evening. “We are keeping everything. We’re keeping tape. We’re keeping storage. We’re keeping x86 and SPARC. And we’re going to increase investment in all of them.”

In other words, technologists worried about Oracle’s (ORCL) intentions for MySQL and other Sun (JAVA) systems need to relax.

“Sun has fantastic technology. We think it’s got great microprocessor technology–it needs a little more investment, but we think it can be extremely competitive. It’s got the leading tape archival systems. We think the Open Storage on their new disk system is absolutely fantastic. Java speaks for itself. Solaris is overwhelmingly the best open-systems operating system on the planet….Sun has been a national treasure for the last couple of decades.”

The suit, over Joltid-owned peer-to-peer technology used in Skype’s software, seeks an injunction against Skype as well as damages that Joltid claims “are amassing at a rate of more than $75 million daily.”

A nasty surprise for Skype’s new owners: Silver Lake, the Silicon Valley-based private equity group; Index Ventures, the London-based venture capital firm; Internet entrepreneur Marc Andreessen’s new Andreessen Horowitz fund; and the Canada Pension Plan Investment Board. Though, really they should have seen this coming. After all, Skype and Joltid have been sparring since earlier this year.

From an eBay Securities and Exchange Commission filing earlier this year:

As previously disclosed, Skype has been in a dispute with the licensor of certain key technologies and had terminated a “standstill” agreement that had been entered into between the parties, permitting either to take action against the other with effect from March 2009. On March 12, 2009, Skype Technologies S.A. filed a claim in the English High Court of Justice (No. HC09C00756) against Joltid Limited, a BVI company.

In connection with the license agreement between the two companies, Skype licenses peer-to-peer communication technology from Joltid, and Joltid has claimed that Skype has breached the terms of the license agreement. Following the filing of the claim, Joltid purported to terminate the license agreement. In particular, Joltid has alleged that Skype should not possess, use or modify certain software code (the “Code”) and that, by doing so, and by disclosing the Code in certain U.S. patent cases, pursuant to orders from U.S. courts, it has breached the license agreement.

On the basis of, among other things, the parties’ mutual dealings since the execution of the licence agreement, Skype is asking the English High Court for declaratory relief, including findings that:

(i) Skype is lawfully accessing, in possession of, using and modifying the Code so that Skype is not in breach of the license agreement with Joltid and accordingly Joltid’s notice of breach and subsequent notice of termination are invalid;

(ii) Skype lawfully disclosed the Code in the U.S. patent cases so that Skype is not in breach of the license agreement with Joltid and accordingly Joltid’s notice of breach and subsequent notice of termination are invalid; and

(iii) Joltid has certain indemnity obligations in relation to the U.S. patent proceedings.

Although Skype is confident of its legal position, as with any litigation there is the possibility of an adverse result if the matter is not resolved through negotiation. In such event, Skype would be adversely affected and the continued operation of Skype’s business as currently conducted would likely not be possible.

Perhaps this is why we saw so few bidders for Skype?

CAPTCHA, for those of you just joining us, stands for Completely Automated Public Turing test to tell Computers and Humans Apart. Essentially, it’s a challenge-response test used to distinguish between humans and spam-spewing robots. What’s interesting about reCAPTCHA’s implementation is that it’s used for digitizing books.

“Since computers have trouble reading squiggly words like these, CAPTCHAs are designed to allow humans in but prevent malicious programs from scalping tickets or obtain millions of email accounts for spamming,” Google explains in a post to the company blog. “But there’s a twist–the words in many of the CAPTCHAs provided by reCAPTCHA come from scanned archival newspapers and old books. Computers find it hard to recognize these words because the ink and paper have degraded over time, but by typing them in as a CAPTCHA, crowds teach computers to read the scanned text.”

An ingenious idea, crowdsourcing book transcriptions in this way. An effective one too: reCAPTCHA boasts 99.5 percent accuracy at the word level.

Little wonder, then, that Google (GOOG) has acquired it. The company can clearly put reCaptcha’s technology to good use, not just as a security measure, but as a means of improving its own massive book-scanning project.

BoomTown was abuzz with Pixis, Plums and power this week as Kara focused on tech that wasn’t Apple, and reminded us that lady geeks hold the power in Silicon Valley.

While Apple was gathering clouds for its Rock and Roll storm, Palm (PALM) released the teeny Pixi, designed, Palm hopes, to steal some of that Apple (AAPL) thunder. The Pixi smart phone, while smaller and thinner, reported Kara, has fewer features and less power than the already available Pre.

Small can be good in the world of tech, and BoomTown reported that a certain Nordic tech behemoth thinks so too. Nokia (NOK) announced that it had acquired “microsocial networking” start-up Plum, whose signature offering allows users to build smaller, more intimate electronic social networks.

Kara did it “like a boss” this week and highlighted the tech sector mavens from Fortune magazine’s annual list of most powerful women. Ursula Burns of Xerox (XRX), IBM-er (IBM) Ginni Rometty and Oracle (ORCL) President Safra Catz were among those at the top. BoomTown will be at the upcoming conference associated with the Fortune list, so look for Kara’s Flip video interviews with these Titanias of tech.

It was nice of Apple to release new iPods just in time for John’s birthday this week, and Digital Daily returned the favor with high-bandwidth, hard-rockin’ coverage of Apple’s music-themed event, complete with live photos and blogging. John liked the video feature of the new iPod nano, but focused on the biggest news of the week–Apple’s upgraded CEO.

Digital Daily’s Apple coverage didn’t stop at The Steve. Ever since announcement of the exclusive Apple-AT&T (T) partnership, current and would-be iPhone freaks have speculated as to what kind of deal will be struck when that contract expires. John reported that iSuppli prognosticators think the agreement may be extended when it runs out in 2010.

John closed out the week with Twitter leaks about the newest incarnation of Microsoft’s (MSFT) Google-toppler (GOOG), Bing. Microsoft showcased Bing 2.0 at the annual company meeting, which some employees took as a green light to tweet away about the unreleased product. Microsoft HQ was more tight-lipped, telling John only that the rollout would happen over the next few months.

MediaMemo followed the money this week–specifically advertising dollars. A year after the Lehman collapse, Peter cited a MediaPost survey that showed some growth in ad spending. In a down market, Peter reminded, sometimes the only place to go, is up. Let’s hope so.

Not to be left out of Apple’s party, MediaMemo covered the release of an iPhone app from RealNetworks (RNWK) that brings all-you-can-eat music for a monthly fee. Wall Street barely blinked at the deal, but changes may come if the service catches on as competitor Spotify has in Europe.

And while the NFL won’t let players tweet from the end zone, it is upping its tech quotient by bringing blacked-out games to your Internet browser. MediaMemo reported that the lower-attendance games would be available to tech-savvy sports nuts–after midnight on game day. Get out the Fritos and espresso, guys, its game time.

True to form as the Lincoln of our very own Mt. Techmore, Walt’s address this week was aimed at helping the wayward get back on track with a bevy of new iPhone navigation apps. This new breed of high dollar apps harnesses the power of the iPhone 3GS to replace those ever present dash top GPS navigation units.

Walt extended his techno-presidential benevolence with another installment of Mossberg’s Mailbox. Networked storage, Quicken for Mac and the ominously impending switch to Windows 7 were all up for discussion.

At the Mossberg Solution, Katie tested Postbox, software designed to bring novel management solutions to your inbox. Developed by some of the guys from Mozilla, Postbox does offer lots of great features, Katie said, even if the switch to the new tools might not be easy for all.

Lots more shiny new tech talk next week. Stay tuned.

Dell (DELL) earned $472 million, or 24 cents a share, on revenue of $12.76 billion. Analysts surveyed by FactSet Research had expected it to earn 22 cents a share on $12.6 billion in revenue. Dell shares spiked nearly seven percent when the news was released, oddly, at 3:57–three minutes before the close of trading Thursday (click on the image below).

Lousy afternoon for someone in Dell Investor Relations. Anyway….

In a statement, CEO Michael Dell said demand for the company’s products appears to have stabilized and, believe it or not, things are starting to look up.

“If current demand trends continue, we expect revenue for the second half of the year to be stronger than the first half,” Dell said in a statement. “We are expanding our capabilities in enterprise technology and services and investing in our core business to distinguish Dell both with customers and in operating performance.”

“We expect Motorola’s 2010 performance to hinge largely on the success of Android models debuting in 4Q09. Just months ago, the expected launches were ‘Morrison’ for T‐Mobile, ‘Sawgrass’ and ‘Heron’ for AT&T, and ‘Sholes’ and possibly ‘Calgary’ for Verizon” (VZ), Kuittinen said in a note to clients. “We believe the AT&T models have been canceled, and Verizon has pushed ‘Calgary’ into 2010.”

According to Kuttinen, “The loss of AT&T’s support for 4Q09 changes the winter outlook for Motorola dramatically. It is likely that the success of the $99 iPhone, combined with the possible November launch of the $99 Palm Eos could put AT&T in a situation where its $100 smartphone range for the Christmas quarter is already full of models featuring very advanced software and display technology.”

A worrisome turn of events and one that will weigh heavy on Motorola’s financials if it proves true. Said Kuittinen: “The narrowing of Motorola’s Android plans may have a substantial impact on the winter performance of the company’s handset division precisely because Motorola needs a rapid roll‐out of a wide range of follow‐up models for its ailing RAZR, Q and Z series models.”

So says Piper Jaffray analyst Gene Munster, who, in a research note issued this week, suggests that there’s more value in Snow Leopard than just the minor bump it will give to Apple’s (AAPL) bottom line.

“We believe Apple is using a minor upgrade to its operating system as an opportunity to sell it at a lower price ($29 vs. $129 previously) and market the new OS as a selling point for the Mac platform over the Windows platform,” Munster writes. “In other words, Apple is promoting the Mac platform as a superior alternative to Windows in terms of newer technology, more frequently, for less money. The release of Snow Leopard is not about new features; rather, it is about keeping Mac users up to date with the latest technology vs. Windows XP and Vista users on antiquated technology.”

A stock-for-stock transaction, the deal will see each share of On2 exchanged for 60 cents worth of Google class A common stock. On2 shares closed at 38 cents Tuesday, so the company and its investors are presumably quite pleased with the deal.

As is Google (GOOG), which plans to use On2’s (ONT) advanced compression technologies to enhance YouTube and perhaps even make its own video infrastructure play.

“Today video is an essential part of the Web experience, and we believe high-quality video compression technology should be a part of the Web platform,” said Sundar Pichai, vice president, Product Management, Google. “We are committed to innovation in video quality on the web, and we believe that On2’s team and technology will help us further that goal.”

And now this: eBay’s plans to spin off Skype next year are being threatened by a legal dispute over the telephony service’s underlying technology.

In a 10-Q regulatory filing Thursday, the online auctioneer said it is developing an alternative to that technology, which it licenses from Joltid, a company run by Skype co-founders Niklas Zennstrom and Janus Friis, but there is no guarantee of success. And if it fails in that effort and its legal dispute with Joltid drags on, eBay could be forced to shutter Skype.

“Although Skype is confident of its legal position, as with any litigation, there is the possibility of an adverse result if the matter is not resolved through negotiation,” the company said. “Skype has begun to develop alternative software to that licensed through Joltid. However, such software development may not be successful, may result in loss of functionality or customers even if successful, and will in any event be expensive. If Skype was to lose the right to use the Joltid software as the result of the litigation, and if alternative software was not available, Skype would be severely and adversely affected and the continued operation of Skype’s business as currently conducted would likely not be possible.”

That doesn’t bode well for eBay’s plans to take Skype public in the first half of 2010. Though the company insists its plans to separate the telephony service have not changed, it’s clear that eBay (EBAY) must resolve these issues before moving ahead.

Certainly, it will be difficult to gin up investor interest in an IPO for a disabled service run by a company that spent billions of dollars to purchase it and failed to secure its underlying technology.

Which is exactly what Data Domain did.

One consolation: NetApp (NTAP) may have failed as a suitor, but it received a $57 million breakup fee from Data Domain (DDUP) as a result of the termination of the agreement.

Still, it’s a tough blow for NetApp (NTAP), which will now focus on “existing growth opportunities” instead of ill-starred bidding wars with rivals.

Said Dan Warmenhoven, NetApp’s chairman and CEO: “While NetApp’s acquisition of Data Domain would have produced benefits for customers and employees and complemented NetApp’s existing growth trajectory, we remain highly confident in our already compelling strategic plan, market opportunities, and competitive strengths.”

“NetApp applies a disciplined approach to acquisitions, one focused intently on creating long-term value for our stockholders.” Warmerhoven added. “We therefore cannot justify engaging in an increasingly expensive and dilutive bidding war that would diminish the deal’s strategic and financial benefits. NetApp has established leadership positions in virtualized infrastructure, storage efficiency, and unified storage, even in these difficult economic times, by helping customers meet their business objectives with less physical storage while reducing costs. That commitment will not change. We look forward to continuing to build on our foundation of innovation and customer service, and to continuing to execute our successful growth strategy.”

[Image credit: despair.com]

Looks like he was right.

LogMeIn became the fourth venture-backed IPO of 2009 this morning, hitting the markets with an offering that raised $107 million for the remote-services technology provider. Priced at $16 each, the high end of the stock’s IPO price range, LogMeIn (LOGM) shares spiked more than 30 percent to $20.90 shortly after the company made its public debut.

Great news for LogMeIn, which filed to go public in January 2008, only to see its prospects for doing so trashed by the econalypse. Great news as well for venture-backed companies hoping to go public. “The IPO window has cracked open a bit,’’ Emily Mendell, vice president of strategic affairs for the National Venture Capital Association told the Boston Globe. “I think the market has become slightly more stable.’’

It would certainly appear that way. Shares of SolarWinds (SWI), a network-management software outfit, are up 24 percent since their debut, and online restaurant-reservation service OpenTable’s (OPEN) shares have soared 52 percent since they began trading in May.

Clearly, we’re seeing something of an awakening in the moribund IPO market, although whether it will continue is anyone’s guess. “I think this is a temporary market window,” David Liu, a managing director at Jefferies & Co., told Forbes. “The economy is still screwed up….We’re telling our clients, if you can get on file and do something quickly, go ahead and do it now so you’re not caught flat-footed.”