but enderle says the costly two-year court battle between apple and samsung has "undoubtedly" pushed up prices, and highlighted the increasingly litigious nature of the big players. "the whole patent system was designed to protect the small inventor, and it has been badly broken for a long time." "i don't think the system is broken. i think there's improvements that can be made." the patent attorney pointed out that a different set of rules may eventually affect technology patents, where an idea can reach the market quickly, versus other patents like biomedical, which can take many years to recoup costs. around the world, tablet computer sales dropped nearly 10% in the second quarter, according to research firm idc. apple still holds the lead, but that's been chipped away. last year, it owned 60% of the market, but that dropped to 32.4% this year, and google's android operating system now controls 62.6% of new tablets sold. researchers predict tablet shipments will surpass those for pcs within a year-and- a-half. a look now at the earnings that are moving stocks this week. tyson food

that was rob enderle of the enderle group. he adds that icahn will still try to stop the deal from going forward. in earnings news, linkedin opens this morning after taking flight on friday. the business social media site reported membership grew by 37% in the second quarter from a year ago. profits and revenue have followed. chevron stock lost some fuel, as revenue and earnings fell at the oil giant due to higher costs and falling demand for crude. the washington post reported a bounce in earnings, thanks to a rise in online subscribers. however, newspaper circulation is still declining. and host hotels is up nearly 2.5%, as increased room rates and occupancy improved in quarter two. more mortgate trouble for bank of america. the government is going to file civil charges over its "jumbo" mortgage-backed security deals. also, civil charges could be filed against the bank's merrill lynch division over a collateralized debt obligation investigation. b of a says it's cooperating. detroit is speeding up its plan to move through ba

enderle says insiders are eyeing qi lu microsoft's current executive vp of applications, as a possible replacement for ballmer. but adds-- there are likely other candidates in the mix, including outsiders from h-p and software company vm-ware. we'll talk more about microsoft later on in chart talk. in light of a recent study that found nearly half of all job applicants surveyed would accept the first dollar amount of compensation offered,our cover story wanted to find out how to best walk that tightrope between grateful and greedy. in what some call a lingering after-effect of the great recession, negotiating has gone out of the negotiation. nearly half of all job seekers say they'll accept an employer's first offer without negotiation, according to online employment site, career builder. "i don't think they should. it's unfortunate that 49% don't negotiate for themselves." "they're going in thinking 'i need to accept whatever, when what they need to do is some homework on what the market is for their skill and go in with confidence they'll pay me that." the tendency not to negotiate i

joining me to answer the questionn rob enderle, and tiernen ray. to you first.d you make of larry ellison? he was quite specific of the current leadership at apple? >> he saidhat he likes ceo tim cook but they will not be nearly as successful. he wasaying similar stuff last fall but was more negative today. last fall he said i think the company ill thrive. now he says think they won't be nearly as suck es sesful. the implication they won't throw at all. lori: do you agree, rob? good to sigh at you will. shares of apple have falle 25%. is ellison correct? >> he is. appleas designed around steve jobs unique skillset. each person was selected to do things, including tim ck that steve jobs didn't want to do. steve jobs is ge. they didn't backfill him. they put the guy in to do stuff steve jobs didn't want to do as head of the company. it isn't working well. you like having the mechanic drive the car and you won'tin races. >> he sees shares valued $625, apple shares, calling for initial share buy back from carl icahn. is this interesting about the timing of carl icah

we spoke to rob enderle who said this is part of carl icahn's strategy because he loves it essentially> he doesn't have any investments anymore. he is gambling with his own wealth. he comes in with an aggressive position, he threatens folks if they don't go his way he wilburry them in litigation and become as big pain in the butt. invariably someone figures out a way to buy him off and goes away and mugs somebody else. >> pretty close to the share price that mr. icahn thought dell was truly valued out. bottom line, some of the holdouts, franklin mutual, big mutual fund manager will vote in favor of this deal. they originally had been against it. and they hold millions of shares of dell, roughly 60 billion under management at their hedge funds or mutual funds. they're in favor of the deal. back to you. ashley: the fight goes on, adam shapiro in texas. thank you very much. tracy: no, the war goes on you mean according to icahn. so dramatic. ashley: that's what he does. tracy: it is time to make some money. charles payne is here. america's love-hate relationship with each other continues.