Analysis: Apple's swoon exposes risk lurking in mutual funds

NEW YORK (Reuters) - The nearly 28 percent decline in shares of Apple Inc since mid-September isn't just painful to individual shareholders. It's also being felt by investors who chased hot mutual funds that loaded up on Apple as the stock raced to a record $705 per share.

Apple makes up 10 percent or more of assets in 117 out of the 1,119 funds that own its shares, according to data from Lipper, a Thomson Reuters company. Those big stakes have contributed positively to each fund's annual performance to date, with Apple still up about 32 percent for the year. It was trading at $527.73 soon after the opening on Friday.

But that year-to-date outcome may not accurately reflect the performance of the funds for individual investors. All told, approximately $4.5 billion has been added to funds with overweight stakes in Apple this year, according to Morningstar data. The majority of these dollars were invested after March and after Apple first exceeded $600 per share - meaning many investors have been riding down with the decline.

The $302 million Matthew 25 fund, for instance, holds 17.4 percent of its assets in Apple, according to Lipper. The fund's 31.9 percent gain through Thursday makes it one of the top performing funds for the year.

Most of its Apple shares were bought years ago at a bargain basement price of about $125 per share. But $158.9 million of the fund's assets - or 53 percent - were invested after the end of March, when Apple was trading near $615 per share, according to Morningstar data.

For those investors that bought after March, all that concentration in Apple hasn't led to a stellar gain but rather a drag on the portfolio. Someone who invested in Matthew 25 in early April has seen the value of the fund's Apple stake fall about 19 percent, while someone who invested at the beginning of September has watched that outsized Apple stake drop 27.2 percent.

In turn, the majority of the fund's investors have reaped a much more modest performance than its year-end numbers suggest. Since the end of March, the fund has gained 6.7 percent, according to Morningstar data, far less than its 31 percent year-to-date gain and about two percentage points more than the benchmark Standard & Poor's 500 index.

Since, September the fund is down nearly 3 percent through Thursday's close, compared with a 1.1 percent decline in the S&P 500 in that period.

The impact of Apple's falling stock price shows some of the drawbacks of portfolio concentration, experts say. These stakes can leave the funds overexposed to the ups and downs of one company - counter to what most mutual funds are supposed to do for investors.

"Any time you get over 10 percent of the portfolio in one company it's a red flag," said Michel Herbst, director of active fund research at Morningstar. Many fund managers do have risk management rules that prevent them from devoting more than 5 percent to 6 percent of their portfolio to any one stock, he said.

Then again, some funds purposely invest in just a few stocks. Mark Mulholland, the portfolio manager of the Matthew 25 fund, said that taking concentrated positions in companies is the only way to beat an index over longer periods of time.

'RIGHT-SIZING' PORTFOLIOS

Along with concerns about iPhone sales in China and tax-motivated selling among people who want to avoid potentially higher capital gains taxes in 2013, the wide fund ownership of Apple may be a factor in the size of the stock's recent declines, fund managers said. In addition, with so many funds already heavily invested in the high-priced stock, there may be fewer marginal buyers available to push prices up again when shares begin to dip.

"The stock didn't go from $700 to $520 because people didn't like the new iPad. It's become a favorite short of hedge funds because they know they can get in on this," said Mark Spellman, a portfolio manager of the $300 million Value Line Income and Growth fund with a small position in Apple.

Short interest in the stock rose to 20.6 million shares at the end of November from 15.1 million shares at the end of September, according to Nasdaq.

"Some of my competitors have 12 percent of their assets in Apple, which I think is ludicrous", said Spellman, who said the company is no longer trading on its fundamentals.

Sandy Villere, who has a 2.5 percent weighting of Apple in his $276 million Villere Balanced fund, said that some mutual fund managers are selling shares because of the over-weighting.

"Right now many people who did take huge overweight positions are right-sizing their portfolios to get it in line with their regular weightings," he said.

Still, some bullish investors see the stock's recent declines as a buying opportunity.

Mulholland, the Matthew 25 portfolio manager, continues to say that shares should be priced at over $1,000 per share based on his valuation of the company at 10 times enterprise value divided by earnings before interest, taxes, depreciation and amortization (EBITDA). Apple trades at about 7 times that figure now.

Wall Street analysts' average price target as of Thursday is $742.56, according to Thomson Reuters data. But Mulholland is happy to be more bullish than his peers.

"I'm glad that I'm able to get it at these prices," he said.

(Reporting By David Randall; Editing by Jennifer Merritt)

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Google working on "X Phone", "X" tablet to take on rivals - WSJ

(Reuters) - Google Inc is working with recently acquired Motorola on a handset codenamed "X-phone", aimed at grabbing market share from Apple Inc and Samsung Electronics Co Ltd, the Wall Street Journal said, citing people familiar with the matter.

Google acquired Motorola in May for $12.5 billion to bolster its patent portfolio as its Android mobile operating system competes with rivals such as Apple and Samsung.

The Journal quoted the people saying that Motorola is working on two fronts: devices that will be sold by carrier partner Verizon Wireless, and on the X phone.

Motorola plans to enhance the X Phone with its recent acquisition of Viewdle, an imaging and gesture-recognition software developer. The new handset is due out sometime next year, the business daily said, citing a person familiar with the plans.

Motorola is also expected to work on an "X" tablet after the phone. Google Chief Executive Larry Page is said to have promised a significant marketing budget for the unit, the newspaper said quoting the persons.

Google was not immediately reachable for comments outside regular U.S. business hours.

(Reporting by Balaji Sridharan in Bangalore; Editing by Richard Chang)

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Analysis: Apple's swoon exposes risk lurking in mutual funds

NEW YORK (Reuters) - The nearly 28 percent decline in shares of Apple Inc since mid-September isn't just painful to individual shareholders. It's also being felt by investors who chased hot mutual funds that loaded up on Apple as the stock raced to a record $705 per share.

Apple makes up 10 percent or more of assets in 117 out of the 1,119 funds that own its shares, according to data from Lipper, a Thomson Reuters company. Those big stakes have contributed positively to each fund's annual performance to date, with Apple still up about 32 percent for the year. It was trading at $527.73 soon after the opening on Friday.

But that year-to-date outcome may not accurately reflect the performance of the funds for individual investors. All told, approximately $4.5 billion has been added to funds with overweight stakes in Apple this year, according to Morningstar data. The majority of these dollars were invested after March and after Apple first exceeded $600 per share - meaning many investors have been riding down with the decline.

The $302 million Matthew 25 fund, for instance, holds 17.4 percent of its assets in Apple, according to Lipper. The fund's 31.9 percent gain through Thursday makes it one of the top performing funds for the year.

Most of its Apple shares were bought years ago at a bargain basement price of about $125 per share. But $158.9 million of the fund's assets - or 53 percent - were invested after the end of March, when Apple was trading near $615 per share, according to Morningstar data.

For those investors that bought after March, all that concentration in Apple hasn't led to a stellar gain but rather a drag on the portfolio. Someone who invested in Matthew 25 in early April has seen the value of the fund's Apple stake fall about 19 percent, while someone who invested at the beginning of September has watched that outsized Apple stake drop 27.2 percent.

In turn, the majority of the fund's investors have reaped a much more modest performance than its year-end numbers suggest. Since the end of March, the fund has gained 6.7 percent, according to Morningstar data, far less than its 31 percent year-to-date gain and about two percentage points more than the benchmark Standard & Poor's 500 index.

Since, September the fund is down nearly 3 percent through Thursday's close, compared with a 1.1 percent decline in the S&P 500 in that period.

The impact of Apple's falling stock price shows some of the drawbacks of portfolio concentration, experts say. These stakes can leave the funds overexposed to the ups and downs of one company - counter to what most mutual funds are supposed to do for investors.

"Any time you get over 10 percent of the portfolio in one company it's a red flag," said Michel Herbst, director of active fund research at Morningstar. Many fund managers do have risk management rules that prevent them from devoting more than 5 percent to 6 percent of their portfolio to any one stock, he said.

Then again, some funds purposely invest in just a few stocks. Mark Mulholland, the portfolio manager of the Matthew 25 fund, said that taking concentrated positions in companies is the only way to beat an index over longer periods of time.

'RIGHT-SIZING' PORTFOLIOS

Along with concerns about iPhone sales in China and tax-motivated selling among people who want to avoid potentially higher capital gains taxes in 2013, the wide fund ownership of Apple may be a factor in the size of the stock's recent declines, fund managers said. In addition, with so many funds already heavily invested in the high-priced stock, there may be fewer marginal buyers available to push prices up again when shares begin to dip.

"The stock didn't go from $700 to $520 because people didn't like the new iPad. It's become a favorite short of hedge funds because they know they can get in on this," said Mark Spellman, a portfolio manager of the $300 million Value Line Income and Growth fund with a small position in Apple.

Short interest in the stock rose to 20.6 million shares at the end of November from 15.1 million shares at the end of September, according to Nasdaq.

"Some of my competitors have 12 percent of their assets in Apple, which I think is ludicrous", said Spellman, who said the company is no longer trading on its fundamentals.

Sandy Villere, who has a 2.5 percent weighting of Apple in his $276 million Villere Balanced fund, said that some mutual fund managers are selling shares because of the over-weighting.

"Right now many people who did take huge overweight positions are right-sizing their portfolios to get it in line with their regular weightings," he said.

Still, some bullish investors see the stock's recent declines as a buying opportunity.

Mulholland, the Matthew 25 portfolio manager, continues to say that shares should be priced at over $1,000 per share based on his valuation of the company at 10 times enterprise value divided by earnings before interest, taxes, depreciation and amortization (EBITDA). Apple trades at about 7 times that figure now.

Wall Street analysts' average price target as of Thursday is $742.56, according to Thomson Reuters data. But Mulholland is happy to be more bullish than his peers.

"I'm glad that I'm able to get it at these prices," he said.

(Reporting By David Randall; Editing by Jennifer Merritt)

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Google working on "X Phone", "X" tablet to take on rivals - WSJ

(Reuters) - Google Inc is working with recently acquired Motorola on a handset codenamed "X-phone", aimed at grabbing market share from Apple Inc and Samsung Electronics Co Ltd, the Wall Street Journal said, citing people familiar with the matter.

Google acquired Motorola in May for $12.5 billion to bolster its patent portfolio as its Android mobile operating system competes with rivals such as Apple and Samsung.

The Journal quoted the people saying that Motorola is working on two fronts: devices that will be sold by carrier partner Verizon Wireless, and on the X phone.

Motorola plans to enhance the X Phone with its recent acquisition of Viewdle, an imaging and gesture-recognition software developer. The new handset is due out sometime next year, the business daily said, citing a person familiar with the plans.

Motorola is also expected to work on an "X" tablet after the phone. Google Chief Executive Larry Page is said to have promised a significant marketing budget for the unit, the newspaper said quoting the persons.

Google was not immediately reachable for comments outside regular U.S. business hours.

(Reporting by Balaji Sridharan in Bangalore; Editing by Richard Chang)

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Analysis: Apple's swoon exposes risk lurking in mutual funds

NEW YORK (Reuters) - The nearly 28 percent decline in shares of Apple Inc since mid-September isn't just painful to individual shareholders. It's also being felt by investors who chased hot mutual funds that loaded up on Apple as the stock raced to a record $705 per share.

Apple makes up 10 percent or more of assets in 117 out of the 1,119 funds that own its shares, according to data from Lipper, a Thomson Reuters company. Those big stakes have contributed positively to each fund's annual performance to date, with Apple still up about 32 percent for the year. It was trading at $527.73 soon after the opening on Friday.

But that year-to-date outcome may not accurately reflect the performance of the funds for individual investors. All told, approximately $4.5 billion has been added to funds with overweight stakes in Apple this year, according to Morningstar data. The majority of these dollars were invested after March and after Apple first exceeded $600 per share - meaning many investors have been riding down with the decline.

The $302 million Matthew 25 fund, for instance, holds 17.4 percent of its assets in Apple, according to Lipper. The fund's 31.9 percent gain through Thursday makes it one of the top performing funds for the year.

Most of its Apple shares were bought years ago at a bargain basement price of about $125 per share. But $158.9 million of the fund's assets - or 53 percent - were invested after the end of March, when Apple was trading near $615 per share, according to Morningstar data.

For those investors that bought after March, all that concentration in Apple hasn't led to a stellar gain but rather a drag on the portfolio. Someone who invested in Matthew 25 in early April has seen the value of the fund's Apple stake fall about 19 percent, while someone who invested at the beginning of September has watched that outsized Apple stake drop 27.2 percent.

In turn, the majority of the fund's investors have reaped a much more modest performance than its year-end numbers suggest. Since the end of March, the fund has gained 6.7 percent, according to Morningstar data, far less than its 31 percent year-to-date gain and about two percentage points more than the benchmark Standard & Poor's 500 index.

Since, September the fund is down nearly 3 percent through Thursday's close, compared with a 1.1 percent decline in the S&P 500 in that period.

The impact of Apple's falling stock price shows some of the drawbacks of portfolio concentration, experts say. These stakes can leave the funds overexposed to the ups and downs of one company - counter to what most mutual funds are supposed to do for investors.

"Any time you get over 10 percent of the portfolio in one company it's a red flag," said Michel Herbst, director of active fund research at Morningstar. Many fund managers do have risk management rules that prevent them from devoting more than 5 percent to 6 percent of their portfolio to any one stock, he said.

Then again, some funds purposely invest in just a few stocks. Mark Mulholland, the portfolio manager of the Matthew 25 fund, said that taking concentrated positions in companies is the only way to beat an index over longer periods of time.

'RIGHT-SIZING' PORTFOLIOS

Along with concerns about iPhone sales in China and tax-motivated selling among people who want to avoid potentially higher capital gains taxes in 2013, the wide fund ownership of Apple may be a factor in the size of the stock's recent declines, fund managers said. In addition, with so many funds already heavily invested in the high-priced stock, there may be fewer marginal buyers available to push prices up again when shares begin to dip.

"The stock didn't go from $700 to $520 because people didn't like the new iPad. It's become a favorite short of hedge funds because they know they can get in on this," said Mark Spellman, a portfolio manager of the $300 million Value Line Income and Growth fund with a small position in Apple.

Short interest in the stock rose to 20.6 million shares at the end of November from 15.1 million shares at the end of September, according to Nasdaq.

"Some of my competitors have 12 percent of their assets in Apple, which I think is ludicrous", said Spellman, who said the company is no longer trading on its fundamentals.

Sandy Villere, who has a 2.5 percent weighting of Apple in his $276 million Villere Balanced fund, said that some mutual fund managers are selling shares because of the over-weighting.

"Right now many people who did take huge overweight positions are right-sizing their portfolios to get it in line with their regular weightings," he said.

Still, some bullish investors see the stock's recent declines as a buying opportunity.

Mulholland, the Matthew 25 portfolio manager, continues to say that shares should be priced at over $1,000 per share based on his valuation of the company at 10 times enterprise value divided by earnings before interest, taxes, depreciation and amortization (EBITDA). Apple trades at about 7 times that figure now.

Wall Street analysts' average price target as of Thursday is $742.56, according to Thomson Reuters data. But Mulholland is happy to be more bullish than his peers.

"I'm glad that I'm able to get it at these prices," he said.

(Reporting By David Randall; Editing by Jennifer Merritt)

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Google working on "X Phone", "X" tablet to take on rivals - WSJ

(Reuters) - Google Inc is working with recently acquired Motorola on a handset codenamed "X-phone", aimed at grabbing market share from Apple Inc and Samsung Electronics Co Ltd, the Wall Street Journal said, citing people familiar with the matter.

Google acquired Motorola in May for $12.5 billion to bolster its patent portfolio as its Android mobile operating system competes with rivals such as Apple and Samsung.

The Journal quoted the people saying that Motorola is working on two fronts: devices that will be sold by carrier partner Verizon Wireless, and on the X phone.

Motorola plans to enhance the X Phone with its recent acquisition of Viewdle, an imaging and gesture-recognition software developer. The new handset is due out sometime next year, the business daily said, citing a person familiar with the plans.

Motorola is also expected to work on an "X" tablet after the phone. Google Chief Executive Larry Page is said to have promised a significant marketing budget for the unit, the newspaper said quoting the persons.

Google was not immediately reachable for comments outside regular U.S. business hours.

(Reporting by Balaji Sridharan in Bangalore; Editing by Richard Chang)

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Apple presses case for Samsung sales ban in appeals filing

WASHINGTON (Reuters) - Tech giant Apple Inc, battling Samsung Electronics Co over patents in several countries, argued on Thursday that a U.S. appeals court should reconsider its decision to overturn a pretrial sales ban on Samsung for infringement.

The U.S. Court of Appeals for the Federal Circuit in October overturned a pretrial sales ban ordered by a lower court in California. The order was to stop sales of Samsung's Galaxy Nexus smartphone.

Apple argued that this was inappropriate and asked for an "en banc review," which means that a larger panel of judges would reconsider the decision made by the three-judge panel in October.

The fight is over a single patent - one that allows the smartphone to search multiple data storage locations at once. For example, the smartphone could search the device's memory as well as the Internet with a single query.

Apple argued that the sales ban should be reinstated because it uses the patent in question and competes with Samsung. The three-judge panel had said that consumers did not buy Samsung phones primarily because of the patent, and thus, a sales ban was inappropriate.

It has become increasingly difficult for companies to win sales bans related to patent infringement in recent years. Such sales injunctions have been a key for companies trying to increase their leverage in courtroom patent fights.

Apple, in a different patent lawsuit, scored a sweeping legal victory over Samsung in August when a U.S. jury found Samsung had copied critical features of the hugely popular iPhone and iPad and awarded Apple $1.05 billion in damages.

The Nexus phone was not included in that trial, but is part of a tandem case Apple filed against Samsung earlier this year.

The case in the Federal Circuit is Apple Inc vs. Samsung Electronics Co Ltd et al., 12-1507.

Earlier this week, U.S. District Judge Lucy Koh rejected Apple's request for a permanent sales ban against 26 mostly older Samsung phones, though any injunction could potentially have been extended to Samsung's newer Galaxy products. Koh cited the Federal Circuit's Nexus ruling as binding legal precedent in her order.

In a separate court filing on Thursday, Apple said it intended to appeal Koh's ruling.

(Reporting by Diane Bartz; Editing by Leslie Gevirtz)

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Instagram retreats on some service terms after backlash

(Reuters) - Instagram, the popular photo-sharing service, has retreated from some but not all of the controversial changes in its terms of service that prompted a fierce backlash from users earlier this week.

In a blog post on Thursday, Instagram founder and CEO Kevin Systrom apologized for a failure to "communicate our intentions clearly." The terms of service changes pertaining to advertising have been reversed, Systrom said, and restored to what they had been before the changes announced on Monday.

Instagram, which allows people to add filters and effects to photos and share them easily on the Internet, was acquired by Facebook earlier this year for $715 million.

Some top users of Instagram, including National Geographic magazine, said they would stop using the service after the new rules were announced on Monday.

Language that had appeared to allow Instagram advertisers to display user photos without compensation have been removed from updated terms of service posted on Thursday.

The updated terms also do not appear to contain a controversial provision which had stated that if a child under the age of 18 used the service, it implied his or her parent had tacitly agreed to Instagram's terms.

However, the new terms still contain a mandatory arbitration clause, which is not included in terms of service for other leading social media companies like Twitter, Google, YouTube or even Facebook itself. That immunizes Instagram from many forms of liability, according to legal experts.

Internet experts said Instagram had been very aggressive in asserting its rights to user information and inviting anyone who did not agree to delete their accounts within a few weeks.

The updated terms still say that anyone who accesses Instagram agrees to be bound by the new terms which are slated to go into effect on January 19.

Also, Instagram kept language which gave it the ability to place ads in conjunction with user content, and "that we may not always identify paid services, sponsored content, or commercial communications as such."

Instagram representatives could not immediately be reached for comment.

Systrom stressed in the blog post that the company had no intention of selling the photos that users post on the service. Many users had read the new terms of service as an indication that the company was reserving the right to do that.

"Going forward, rather than obtain permission from you to introduce possible advertising products we have not yet developed, we are going to take the time to complete our plans, and then come back to our users and explain how we would like for our advertising business to work," Systrom said.

(Reporting by Jonathan Weber and Dan Levine; Editing by Paul Tait and Michael Perry)

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Kodak in $525 million patent deal, eyes bankruptcy end

(Reuters) - Eastman Kodak Co agreed to sell its digital imaging patents for about $525 million, a key step to bringing the photography pioneer out of bankruptcy in the first half of 2013.

The deal for the 1,100 patents allows Kodak to fulfill a condition for securing $830 million in financing.

The patent deal was reached with a consortium led by Intellectual Ventures and RPX Corp, and which includes some of the world's biggest technology companies, which will license or acquire the patents.

Those companies are Adobe Systems Inc, Amazon.com Inc, Apple Inc, Facebook Inc, Fujifilm, Google Inc, Huawei Technologies Co Ltd, HTC Corp, Microsoft Corp, Research In Motion Ltd, Samsung Electronics Co Ltd and Shutterfly Inc, according to court documents.

Kodak still must sell its personalized and document-imaging businesses as part of the financing package, and also has to resolve its UK pension obligation.

Kodak said the patent deal puts it on a path to emerge from Chapter 11 in the first half of 2013.

"Our progress has accelerated over the past several weeks as we prepare to emerge as a strong, sustainable company," said Antonio Perez, chairman and chief executive of the Rochester, New York-based company.

The patent portfolio was expected to be a major asset for Kodak when it filed for bankruptcy in January. An outside firm had estimated the patents could be worth as much as $2.6 billion.

Kodak's patents hit the market as intellectual property values have soared and technology companies have plowed money into patent-related litigation.

For example, last year Nortel Networks sold 6,000 wireless patents in a bankruptcy auction for $4.5 billion and earlier this year Google spent $12.5 billion for patent-rich Motorola Mobility.

But Kodak's patent auction dragged on beyond the initial expectation that it would be wrapped up in August. One patent specialist blamed those early, overly optimistic valuations, which he said encouraged Kodak's team to set their sights too high.

"Unfortunately (Kodak management) was misled into thinking it was worth billions of dollars and it wasn't," said Alex Poltorak, chairman of General Patent Corp, a patent licensing firm. "I think they sold them at a very good price."

He said after Google acquired Motorola, the search engine company no longer needed patents at any price, deflating the intellectual property market.

Kodak traces its roots to the 19th century and invented the handheld camera. But it has been unable to successfully shift to digital imaging.

It will likely be a different company when it exits bankruptcy, out of the consumer business and focused instead on providing products and services to the commercial imaging market.

The patent sale is subject to approval by the U.S. Bankruptcy Court in Manhattan.

The Kodak bankruptcy case is in Re: Eastman Kodak Co. et al, U.S. Bankruptcy Court, Southern District of New York, No. 12-10202.

(Reporting by Tom Hals in Wilmington, Delaware and Sruthi Ramakrishnan in Bangalore; Editing by Nick Zieminski,; John Wallace and Peter Galloway)

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Owner of OpenTV slaps Netflix with patent lawsuit

(Reuters) - The owner of interactive television pioneer OpenTV sued Netflix Inc on Wednesday, alleging the company infringed on patents that cover technology underpinning the fast-growing Internet video sector.

Switzerland-based Kudelski SA, which owns OpenTV, said in its lawsuit that Netflix infringed on seven U.S. patents covering aspects of over-the-top TV technology (OTT), including: the use of viewer information to make recommendations; digital rights management; and video playback.

Kudelski tried for about a year to encourage Netflix to discuss licensing its patents, but the video streaming company has so far not played ball, according to the lawsuit, which was filed on Wednesday in the U.S. District Court for the District of Delaware, a common venue for patent cases.

"Companies like Netflix have, in essence, stood on the shoulders of giants, largely focusing their R&D efforts on aggregating these previously patented technologies and using them to provide a rich customer experience," Kudelski said in the complaint.

Netflix spokesman Joris Evers declined to comment.

Netflix shares fell 1.7 percent to close at $93.9785 on Wednesday.

The suit comes amid a boom in digital TV shows and movies delivered over the Internet to smart TVs, tablets and smart phones. Netflix, whose iconic red envelopes have come to symbolize the DVD delivery-by-mail market, introduced video streaming in 2007, 10 years after the company was founded, and quickly grew into a market leader.

But the market is getting crowded, and Netflix is being chased by Amazon.com Inc and Wal-Mart Stores Inc's Vudu service, as well as streaming video website Hulu, which is owned by Walt Disney Co, News Corp and Comcast Corp.

Apple Inc, the world's largest computer maker by market value, is also widely expected to enter the smart TV market, spurring further growth.

The Internet TV sector shares some attributes of the smartphone business, with over a decade of innovation and patents produced by companies that are no longer dominant.

Grant Moss, CEO of patent broker and advisory firm Adapt IP Ventures, expects a repeat of the recent smartphone patent wars, but on a smaller scale.

"The frequency of these cases will increase dramatically" because of recent, high-profile Internet video content distribution deals, new ways of making money in the sector and new entrants," Moss said.

"But I don't see the financial value of the individual cases being as significant as those in the smartphone market," he added.

Kudelski, which has developed and acquired a range of movie and digital TV technologies over several decades, generates more than $700 million in annual revenue and employs about 3,000 people worldwide. The company is a player in streaming video by virtue of its 2010 acquisition of San Francisco-based OpenTV.

OpenTV, which began in 1996 as a joint venture between Thomson Multimedia and Sun Microsystems, develops software that helps run more than 200 million TV set-top boxes. It competes with NDS, which was acquired by Cisco Systems Inc for $5 billion in July.

Thomson Multimedia is not related to Thomson Reuters.

In May, Kudelski hired Joe Chernesky from Intellectual Ventures, a patent investment firm, to run an intellectual property unit managing a portfolio of more than 3,000 of the company's patents. OpenTV owns more than 800 of these patents.

"We have been developing technologies for over 20 years to enable the delivery of video content and have an early and broad patent portfolio in the field," said Chernesky. "We intend to aggressively defend our patents."

NETFLIX PATENTS

Netflix owns 14 patents that focus mostly on technology supporting its DVD-by-mail business, such as online ordering and assembling an online movie queue. The company has one U.S. patent with claims related to video streaming, while Amazon has 22 U.S. patents with claims related to multimedia streaming, according to an early November review conducted by patent advisory and research firm Envision IP.

It usually takes several years to win approval for patents to support new technology, which is why Netflix currently has more intellectual property backing its older business, according to Envision IP founder Maulin Shah.

Shah said Netflix has 32 pending patent applications that cover technologies to improve on-demand streaming video delivery. Netflix earlier this year also hired T.J. Angioletti, Oracle Corp's chief intellectual property counsel, to help with its patent push.

Still, pending patents are usually of limited use in patent litigation and it is unclear whether Netflix's applications will be approved, Shah added.

"It doesn't really help them in lawsuits because they can't use pending patents to counter-sue and fight back," Shah said.

The lawsuit follows a string of negative news surrounding Netflix over the last year, including missed subscriber growth targets, an ill-fated attempt to split the DVD and streaming operations and a swooning stock price.

However, Netflix shares jumped earlier in December after the company unveiled a first-of-its-kind movie deal with Disney.

(Reporting By Alistair Barr; Editing by Peter Lauria, Leslie Gevirtz and Dan Grebler)

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