Judge halts U.S. sales of Samsung Galaxy Tab

Judge halts U.S. sales of Samsung Galaxy Tab

By Dan Levine
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A U.S. judge on Tuesday backed Apple Inc's request to stop Samsung Electronics selling its Galaxy Tab 10.1 tablet in the United States, giving the iPhone maker a significant win in the global smartphone and tablet patent wars.
Samsung's Galaxy touchscreen tablets, powered by Google's Android operating system, are considered by many industry experts to be the main rival to the iPad, though they are currently a distant second to Apple's device. Microsoft and Google are also preparing tablet offerings.
U.S. District Judge Lucy Koh in San Jose, California, had previously denied Apple's bid for an injunction on the tablet and multiple Galaxy smartphones. However, a federal appeals court instructed Koh to reconsider Apple's request on the tablet.
"Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products," Koh wrote on Tuesday, adding the order should become effective once Apple posts a $2.6 million bond to protect against damages suffered by Samsung if the injunction is later found to have been wrong.
Apple has waged an international patent war since 2010 as it seeks to limit the growth of Google's Android system, the world's best-selling mobile operating platform. A decisive injunction in one of the U.S. legal cases could strengthen Apple's hand in negotiating cross-licensing deals, where firms agree to let each other use their patented technologies.
Opponents of Apple say the iPhone and iPad maker is using patents too aggressively in its bid to stamp out competition.
"The relief being given to Apple here is extraordinary. Preliminary injunctions are rarely asked for and rarely granted," said Colleen Chien, a professor at Santa Clara Law in Silicon Valley.
"That this was a design patent and copying was alleged distinguish this case from plain vanilla utility patent cases. Cases involving these kinds of patents are based more on a counterfeiting theory than a competition theory, so I don't expect this case to have ramifications for all smartphone disputes, but rather those involving design patents and the kind of product resemblance we had here."
The injunction against Samsung comes less than a week after Apple suffered a serious setback when a federal judge in Chicago dismissed its patent claims against Google's Motorola Mobility unit. Judge Richard Posner ruled that an injunction barring the sale of Motorola smartphones would harm consumers.
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LIKELY APPEAL
Samsung will likely seek to appeal Koh's ruling to a federal appeals court in Washington, DC, which has exclusive jurisdiction over intellectual property disputes.
"Apple sought a preliminary injunction of Samsung's Galaxy Tab 10.1, based on a single design patent that addressed just one aspect of the product's overall design," Samsung said in a statement. "Should Apple continue to make legal claims based on such a generic design patent, design innovation and progress in the industry could be restricted."
The South Korean firm said it would take necessary legal steps, and did not expect the ruling to have a significant impact on its business, as it has a broad range of products. It brought out three tablet models last year alone.
Apple spokeswoman Kristin Huguet reiterated a prior statement from the company, saying Samsung's "blatant copying" is wrong.
Apple sold 13.6 million iPads in January-March to control 63 percent of the global tablet market, according to research firm Display Search. Samsung sold 1.6 million tablets, giving it 7.5 percent of the market. The global tablet market is set to nearly double this year to 123.5 million units this year, according to IHS iSuppli.
Microsoft last week introduced its own line of tablet computers, making a major strategic shift for the software giant as it struggles to compete with Apple and re-invent its aging Windows franchise, [ID:nL1E8HIFRD] and Google plans to unveil a $199 tablet co-branded with Taiwan's Asustek Computer Inc at its developer conference this week, according to a media report. [ID:nL3E8HQ6MB]
Samsung, which has various tablet line-ups with different sizes from 7 inches to 10.1 inches, introduced the Galaxy Tab 10.1 in June last year and unveiled an upgraded version, the Galaxy Tab 10.1 II, last month.
The company said the U.S. ruling does not affect the updated Tab 10.1 II, and retailers can also clear their existing Tab 10.1 inventories.
In Seoul, Samsung shares rose 3 percent in a flat market, rebounding from 4-month lows early this week amid concerns over second-quarter profit growth.
The case in U.S. District Court, Northern District of California, is Apple Inc v. Samsung Electronics Co Ltd et al, 11-1846.
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AT&T's Samsung Galaxy S2 gets its Android 4.0 update tomorrow
The Samsung Galaxy S3 may be in stores, but thanks to AT&T's Android 4.0 update, its older brother can also enjoy the taste of Ice Cream Sandwich.
Starting tomorrow, the Samsung Galaxy S III won't be the only member of its family to use Google's Android 4.0 operating system on AT&T. The network will begin to roll out Ice Cream Sandwich updates to the Samsung Galaxy S II as well.
Unfortunately for AT&T customers, making the leap from Gingerbread to ICS will take a little more legwork than a simple over-the-air bump. You'll have to first visit Samsung's Web site from your computer, then download the Samsung Kies Upgrade Program to your desktop or laptop.
It seems a bizarre and cumbersome requirement compared with updating over data or Wi-Fi. It'll work on Windows (Windows XP, Vista, and 7) and Mac computers (OSX 10.5 to 10.7.)
For now, the update applies only to the Galaxy S II, not to the Samsung Galaxy S II Skyrocket.
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Samsung Galaxy S II on AT&T gets Android 4.0
We've seen T-Mobile roll out Android 4.0 for its Galaxy S II variant, and now another American carrier is joining the pack. AT&T has started pushing out Android 4.0.3 (no 4.0.4, oddly) to its near-reference version of Samsung's 2011 range leader. We wouldn't brace for any surprises over the conservative OS updates seen elsewhere in the world, but it will at least give you Chrome for Android without turning to custom firmware. The odd man out among the major US carriers is Sprint's Epic 4G Touch -- it's still humming along on 2.3 for now, and neither Sprint nor Samsung has given any further signs that they're ready to make the leap.
Update: A spokesperson tells us that these initial updates are the real deal, but that they're test postings on AT&T's servers before it officially deploys to customers -- you may want to wait before hunting it down. The full-scale rollout is "live very soon," we're told, and customers can check the company blog if there's ever any doubt.
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Apple's iPhone 4S remains top selling smartphone at Verizon
Though the Motorola Droid Razr Maxx is said to be "gaining ground," the Apple's iPhone 4S reportedly remains the best selling smartphone at Verizon, the largest carrier in the U.S.
The details were provided on Tuesday by Michael Walkley, analyst with Canaccord Genuity, to AppleInsider. He said Motorola's latest Android-based handset is not believed to have overtaken the iPhone in sales at Verizon.
That disputes what competing analyst Anil Doradla of William Blair said in a separate note issued Tuesday. Doradla's own channel checks, according to Apple 2.0, found that the Droid Razr Maxx has been the best selling smartphone at Verizon in June, bumping the iPhone to second place.
But that's not the case, according to Walkley, who said while the latest Razr is "gaining ground," it "hasn't caught iPhone." His own research has found the iPhone 4S as the top selling smartphone at Verizon, as well as AT&T and Sprint, for the entirety of 2012 thus far.
In a research note issued earlier this month, Walkley revealed that in the month of May, the iPhone 4S was the top selling smartphone in the U.S., despite what he called "gradual share losses" at each carrier. The iPhone 4S remained more popular than the Razr Maxx and Samsung Galaxy Nexus, which took second and third place, respectively, at Verizon in May.
At AT&T, the iPhone 4S also proved more popular than the second-place Nokia Lumia 900, and the third-place Samsung Galaxy S II Skyrocket. And at Sprint, the iPhone 4S topped the second-place Samsung Galaxy Nexus and third-place Samsung Galaxy S II.
But the iPhone 4S, which hit the market last October, now faces perhaps its biggest competitor yet in the form of Samsung's new Galaxy S III. It debuted in the U.S. last week with limited availability, but will eventually be available on all four of the largest carriers in the U.S. over the coming weeks.
Samsung said this week it is working to keep up with strong demand for the Galaxy S III, and the company expects to sell 10 million units to its carrier partners in July. Apple is expected to introduce its successor to the iPhone 4S later this year.
TS2R Wireless News: iPhone 4/S Cricket, Bills, Free NYC Wi-Fi, T-Mo/VZW Spectrum & Mobile PPV
Full news stories recently include the high-demand for the Samsung Galaxy S III, the release of the Sony Xperia Ion, our Dare2Compare of the iPhone 5 vs the Samsung Galaxy S III and the ICS update for the Samsung Galaxy S II.
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Here's the news that is "Too Short to Report":
Cricket launched its iPhone on Friday with some people waiting in lines and brisk activity.
Wireless customers who receive their bills electronically tend to be more satisfied with their billing than those who receive bills through regular mail, according to a study commissioned by Sprint and conducted by BIGinsight, a market intelligence firm.
Boingo announced that Google Offers is sponsoring free Wi-Fi across New York City. Big Apple visitors and New York straphangers on the go can stay productive, update their status and surf online while avoiding data overage charges and network congestion via Boingo's Wi-Fi networks from June 25 through September 7, 2012.
T-Mobile USA, Inc. announced an agreement with Verizon Wireless for the purchase and exchange of certain Advanced Wireless Services (AWS) spectrum licenses in 218 markets across the U.S. The the agreement is contingent on the closing of those transactions and is subject to regulatory approval by the Federal Communications Commission (FCC) and the Department of Justice.
According to a nationwide survey, by SmithMicro, travelers prefer to access Pay-Per-View (PPV) and video content via mobile devices when staying at a hotel, with 67 percent of respondents citing they are more likely to purchase content that can be accessed via a smartphone or tablet. In addition, almost 75 percent were likely to book a hotel if it offered services and video accessible from a mobile device.
The Wireless History Foundation (WHF) announced the names of four individuals who will be inducted into the prestigious Wireless Hall of Fame during the Foundation's Oct. 8, 2012 dinner at CTIA in San Diego. The 2012 inductees are; Wayne Perry-Service Provider Honoree; Richard Lynch-Technology Honoree. Former Executive Vice President for enterprise-wide strategic technology initiatives at Verizon Wireless; Raj Singh-Industry Associate Honoree and Amos Joel (posthumously)-Pioneer Honoree.
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Android 4.0.3 update out for T-Mobile's Samsung Galaxy S II
T-Mobile subscribers who own the Galaxy S II phone can grab the latest Android Ice Cream Sandwich update, but it's only available through Samsung's Kies software.
Samsung Galaxy S II owners on T-Mobile can update to Android 4.0.3, but they may have to jump through a few hoops first.
The latest flavor of Ice Cream Sandwich launched as of yesterday evening for Samsung's Galaxy S II. Owners of the phone can learn how to install it via a T-Mobile support page. But be forewarned -- the update isn't available over the air (OTA), meaning you can't download it directly to your phone.
Instead, you have to install it via Samsung's Kies software, which requires you to download and install the update on your PC and then sync it with your phone.
Beyond offering ICS, the update promises improvements in performance and stability.
But wait.
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Before you can scoop up a dose of Ice Cream Sandwich, you'll need to make sure you're running at least Android 2.3.6 on your Galaxy S II phone, which is available as an OTA update.
Got all that? Don't worry. T-Mobile's page describes all the steps required to reach the peak of Android. But the carrier does warn that if you run into any trouble, you'll have to call Samsung. "The Kies update through Samsung is not supported by T-Mobile and we are unable to assist with Kies or PC questions," T-Mobile explained.
Though T-Mobile is trying to be helpful by outlining all the steps involved, this convoluted process clearly shows why Android updates are such a mess. With Google, the device makers. and the carriers all involved in the mix, no one party is truly responsible or accountable for the entire chain of events.
Compare that with the process on iOS devices. Apple is the sole party responsible for all updates. The carriers have no involvement. Apple users can download iOS updates to iTunes and sync them with their iPhones and iPads or download and install the updates directly to their devices.
It is any wonder Android users have to wait so long for the latest version of Android and other updates?

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Mozilla to reveal allies for its challenge to Android and iOS

Mozilla to reveal allies for its challenge to Android and iOS

By Stephen Shankland.

Expect partners for Mozilla's Boot to Gecko, a mobile OS for Web apps, to emerge at Mobile World Congress. B2G has big challenges, but there are no easy ways into the mobile market.

Firefox developer Mozilla will reveal partners later this month for its Boot to Gecko project, an ambitious attempt to build a browser-based operating system for mobile devices.

At first glance, it's easy to write off Boot to Gecko (B2G) as doomed from the start. When it comes to taking on iOS and Android, WebOS was a dud, BlackBerry OS is struggling, and Microsoft is carving out a niche for Windows Phone only by dint of extraordinary effort.

But B2G has a couple things going for it. First, it's a browser-based operating system, meaning that Web apps become its native apps. With legions of Web programmers already at work and increasingly attuned to mobile browsing, B2G isn't starting from scratch.

Second, it turns out, B2G has allies.

"B2G is partnering up," Mozilla Chief Technology Officer Brendan Eich said in a tweet. "More at MWC," he added, referring to the frenzied Mobile World Congress show that starts in a week and a half in Barcelona, Spain.

Having Web developers as allies is nice, but having strong partners is essential--especially because Mozilla plans for B2G products to arrive in the second quarter. Without a vehicle to deliver B2G into users' hands, the software will be mostly irrelevant.

And Mozilla doesn't want to be on the sidelines. The non-profit's mission is to keep the Web open, and it can't do that without some leverage on the actual technology used. Firefox on personal computers has served Mozilla's purpose, but Chrome and Microsoft bring new competition there, and Mozilla hasn't had much success so far gaining a foothold on the mobile Web.

B2G partners

So who might become a B2G partner? I'm guessing that the most likely candidates are the mobile network operators, aka carriers. They hold a powerful position in the mobile market, in particular because their strong retail presence is often the channel that delivers phones into customers' hands. But they've seen handset makers such as Apple and software companies such as Google usurp much of their power.

Indeed, last year at Mobile World Congress, 24 mobile operators launched the Wholesale Applications Community, an effort to promote Web apps that can run on any phone. WAC is essentially an attempted end-run around Apple's App Store and Google's Android Marketplace. WAC allies include AT&T, Verizon Wireless, NTT DoCoMo, Deutsche Telekom, China Mobile, and Vodafone.

WAC hasn't dented Apple and Google dominance when it comes to mobile apps. But it does show that some powerful players have an appetite for Web-app technology as a way to counterbalance the stronger players. Perhaps some of them see B2G as a new way to serve this goal.

Carriers today are in danger of being relegated to the role of retailer and dump pipe, with not much influence over online services, app stores, and other cash-generating possibilities. No doubt carriers would like to return to the days when they exerted a lot more power over the mobile marketplace.

B2G in the limelight

B2G is one of Mozilla's top 2012 priorities that the browser maker unveiled earlier this week. The organization's overarching goal is to try to break the ecosystem lock-in that can trap customers into a technology stack extending from device hardware through the operating system and reaches up to services and app stores.

B2G plays a role in Mozilla's plan to use Web apps to break the lock-in.

"A truly Web-based OS for mobile phones and tablets would enable the ultimate in user choice and developer opportunity, both from a technology and an ecosystem point of view," said Jay Sullivan, Mozilla's vice president of products of the plan. "Boot to Gecko is a project to build a OS that runs HTML5, JavaScript, and CSS directly on device hardware without the need for an intermediate OS layer."

According to Mozilla's B2G road map, the organization wants to demonstrate the mobile software in the first quarter of 2012 and build it into products in the second quarter.

Software distribution is a higher-level part of the ecosystem that Mozilla hopes to crack. First, it's got plans for its own coming marketplace. Second, it's working on technology that would let other app stores work with it, so people who buy a Web-app game from one won't have to re-purchase it later from another.

And the operating system layer is also key. As with Chrome OS, Google's laptop-oriented browser OS, programmers write software that runs on the browser. The devices don't expose the underlying sub-browser OS (Linux in BTG's case) that handles hardware details such as displaying pixels, paying attention to multitouch gestures, or putting a processor to sleep when it's idle.

But to make a smartphone useful, new services are needed beyond what browsers traditionally have offered. Thus Mozilla's WebAPI effort to provide interfaces so apps running in the browser can dial the phone, operate the camera, send and receive text messages, manage an address book, dim or brighten the screen, and monitor battery levels.

Until recently, the WebAPI work was somewhat at odds with a World Wide Web Consortium (W3C) project caled Device API (DAP) that's backed by browser maker Opera and others. In January, though, Mozilla agreed to marry its WebAPI project with DAP.

And of course the browser itself is at the center of the project. Mozilla has been working for years on a mobile browser project called Fennec, but has been thwarted when the operating systems it supported fell by the wayside. Now it's got Firefox working on on Android, though.

Many of ingredients necessary for Mozilla's mobile success are therefore coming together. The next steps, though--persuading partners to commit strongly, and attracting developers, and winning customers--are out of the organization's direct control.

Cracking the mobile market is tough. But with Firefox effectively barred from iOS and Windows Phone and not installed by default on Android, Mozilla has no easier ways to steer the mobile market.

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Straddling the tablet/ laptop divide; Time for Android and iOS laptops

Straddling the tablet/ laptop divide; Time for Android and iOS laptops

By James Kendrick | VIA:zdnet.com.

Summary: Some folks (myself included) are successfully using tablets with keyboards for work tasks. Is there a market for Android/ iOS laptops and if so, what do they need?

Some folks (myself included) have been able to shift a good portion of work tasks from conventional laptops to tablets. This usually involves pairing the tablet, Android or iPad, with a small external keyboard for handling lots of text entry. There are plenty of keyboard options for both Android tablets and the iPad, and even slick two-piece tablets like the ASUS Transformer Prime. Whatever the solution that folks are using, it is interesting how many folks are straddling the tablet/ laptop divide.

My coverage of using both the iPad and Samsung Galaxy Tab with keyboards is extensive, and I am constantly amazed how much of my work can be accomplished with these combos. While not everyone’s work is appropriate to be performed without a Windows or Mac laptop, the more I talk to folks the more of them I hear from who are able to leave the laptop behind and go the tablet/ keyboard route.

Even though I am using the tablet/ keyboard combo for more and more of my work, I still use the tablet without the keyboard at least half the time. That’s not the case with quite a few folks with whom I have discussed this; I am hearing from many that they are mostly leaving the tablet docked in the keyboard almost all of the time. This has me wondering if there is a viable market for a Android and iOS laptops?

If there is a significant enough interest for Android and iOS laptops, a few criteria would have to be met to be successful. Size is important, as a dedicated laptop shouldn’t be larger than existing two-piece combos being used today. It would make no sense to trade existing solutions for a dedicated laptop if the size and weight increased. I personally wouldn’t be interested in a laptop solution if the screen was bigger than 10 inches. The beauty of these two-piece systems are how small they are. Let’s keep the same for the laptop solution.

A laptop with iOS or Android would also have to be cheaper than the two-piece varieties. That should be feasible given there’s nothing new about the laptop form. Make these mobile laptops very thin and light, and cheaper than tablets plus external keyboards.

I used to think laptops with touch screens were a waste of money, but on an Android or iOS laptop I think they are required. Both of these OSes are optimized for touch operation, and it makes sense to take advantage of that on these little laptops.

One of the coolest features of the Transformer Prime is the second battery in the laptop dock. Together, the keyboard and tablet get about 20 hours of battery life. This could play into the dedicated laptop form, with a light second battery fitted inside that can generate over 12 hours of battery life combined with the main battery. Long battery life is a major reason these tablet/keyboard combos work so well, so do the same with the dedicated laptop form.

I am not sure that an Apple iOS laptop or an Android laptop would be widely accepted. It depends on the factors I have mentioned, plus how large the market is for those who would benefit from having a keyboard on the tablet form. Microsoft is betting a lot on Windows 8 on the ARM platform, both tablets and laptops, so perhaps the market exists. We’ll soon find out.

ARM Chief Touts Windows 8 Tablets, Questions Android's Appeal

By Damon Poeter, Via:pcmag.com.

In the process of reporting strong earnings for the fourth quarter on Tuesday, ARM CEO Warren East had some interesting things to say about Microsoft's coming Windows 8 release-namely, that it could propel more tablet sales than Google's Android mobile operating system has accomplished so far.

"Consumers are familiar with Microsoft and very familiar with Windows and they're less familiar with an Android environment," East said during an exchange with an analyst noticed by CNET. "Microsoft has an awareness advantage with consumers that the Android folks didn't have.

"It's up to Microsoft [and we'll see] how well they're going to exploit that advantage. But I think that's a fundamental difference."

East's comments add to the anticipation for Windows 8, expected to be released by Microsoft this fall and "accompanied by a tidal wave of tablets, hybrids, and convertibles," as PCMag.com lead laptop analyst Eric Grevstad put it recently.

Indeed, there's a lot for tablet fans to like about Windows 8, starting with Microsoft's recommended specs for a Windows 8 tablet. Grevstad breaks those down as "a 1,366-by-768-pixel screen with a minimum of five touch inputs; at least one USB 2.0 port; Wi-Fi and Bluetooth; a three-axis accelerometer; power, rotation lock, and volume buttons; 10GB or more of free storage space when taken out of the box; and a Windows key button measuring at least 10.5mm in diameter in the center of the bottom bezel."

And it's no secret that Microsoft has been courting tablet and smartphone makers who in the last several product cycles have overwhelmingly selected ARM-based chips to run their devices over the x86-based parts made by Intel and Advanced Micro Devices.

In fact, Windows 8's release is likely to mark a pivotal moment in personal computing history as the long-running "Wintel" partnership of Microsoft and Intel takes a decidedly new turn. Not only is Microsoft tuning its next-generation operating system for non-x86 processor architectures, but Intel is concurrently optimizing its own Atom chips for Android, as it takes another shot at penetrating the mobile device market.

East did have some nice things to say about Android, of course. ARM's stellar growth, including a 45 percent increase in net income in its fourth quarter, owes a lot to the popularity of Android smartphones (Apple also uses ARM-based chips designed in-house in the iPhone and iPad).

If history is any lesson, he said, Android tablets just need "a little more time" to mature.

"Actually when Android phones were introduced, there was a lot of hype," East was quoted as saying by CNET. "And then, actually, they didn't take off in the sort of way that reflected that hype. Then a few years later-two years later-half a million units a day, 700,000 units a day. [Android phones now are] really ... a very successful product."

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Health Discovery Corporation Launches Android Version of Popular MelApp, Melanoma Risk Analysis Mobile Phone App

Health Discovery Corporation Launches Android Version of Popular MelApp, Melanoma Risk Analysis Mobile Phone App

MelApp Named One of the Top Ten Apps that can Save Your Life in Parade Magazine

SAVANNAH, Ga., Feb 01, 2012 (BUSINESS WIRE), Via:marketwatch.com.

Health Discovery Corporation, the molecular diagnostics company that launched MelApp, the first SVM-based image analysis iPhone app for melanoma risk assessment, today debuts its popular MelApp mobile app for Android(TM) devices. Now, health-conscious consumers can easily learn about melanoma and identify areas on their skin which may need attention from a specialist, anytime, anywhere with their iPhone, iPod Touch and iPad, as well as Android smartphone.

First launched this summer for iPhone, MelApp uses highly sophisticated patent protected mathematical algorithms and image based pattern recognition technology to analyze an uploaded image. The app was validated using an image database licensed from Johns Hopkins University Medical Center and uses a device's camera feature to deliver a risk analysis of user's photographed skin lesions within seconds. In addition, MelApp can use the smartphone's GPS to refer users to physicians specializing in the diagnosis and treatment of melanoma for proper medical diagnosis and treatment.

"Being currently used in nearly 50 countries, and having been named one of the 'Top 10 Apps That Could Save Your Life' in a recent issue of Parade Magazine, MelApp has become a worldwide success," stated Stephen D. Barnhill, M.D. Chairman and CEO of Health Discovery Corporation. "With the launch of MelApp for Android our goal was to extend the availability of this easy to use, inexpensive and potentially life-saving app to the more than 46 percent of the smart phone market that use Android devices, according to Nielsen."

Now available for iPhone, iPod touch, and iPad, as well as for Android, MelApp is available for download at a special limited time price of $1.99 at the following app marketplaces:

-- iTunes App Store - http://itunes.apple.com/us/app/melapp/id446669257?mt=8&ls=1

-- Android Marketplace - https://market.android.com/search?q=MelApp&c=apps

This version of MelApp for Android has been optimized for the Droid X. For support and technical inquiries. Physicians who diagnose and treat melanoma can become a subscribing member of HDC's physician referral network.

About MelApp & Health Discovery Corporation

MelApp uses highly sophisticated patent protected mathematical algorithms and image based pattern recognition technology to analyze the uploaded image. MelApp was validated using an image database licensed from Johns Hopkins University Medical Center and uses a device's camera feature to deliver a risk analysis of user's photographed skin lesions within seconds. The app can use the iPhone GPS to refer users to physicians specializing in the diagnosis and treatment of melanoma for proper medical follow-up. MelApp by Health Discovery Corporation is available at a special limited time introductory price of $1.99. For more complete details.

Health Discovery Corporation is a molecular diagnostics company that uses advanced mathematical techniques to analyze large amounts of data to uncover patterns that might otherwise be undetectable. It operates primarily in the emerging field of personalized medicine where such tools are critical to scientific discovery. Its primary business consists of licensing its intellectual property and developing its own product line of biomarker-based diagnostic tests that include human genes and genetic variations, as well as gene, protein, and metabolic expression differences and image analysis in digital pathology and radiology.

Forward-Looking Statements

This document contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, the accuracy of which is necessarily subject to risks and uncertainties, including, without limitation, statements regarding future performance, opportunities and investments, and anticipated results in general. From time to time the Company may make other forward-looking statements in relation to other matters, including without limitation, commercialization plans and strategic partnerships. Actual results may differ materially due to a variety of factors, including, among other things, the acceptance of our approach to applying mathematics, computer science and physics into the disciplines of biology, organic chemistry and medicine and our products and technologies associated with those approaches, the ability to develop and commercialize new drugs, therapies or other products based on our approaches, and other factors set forth from time to time in the Company's Securities and Exchange Commission filings.

All forward-looking statements and cautionary statements included in this document are made as of the date hereof based on information available to the Company as of the date hereof, and the Company assumes no obligation to update any forward-looking statement or cautionary statement.

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