let's check in with our pal, jon fortt in san jose.he implications to the other tablet and phone makers? fl. >> for the tablet makers, implications are less clear. apple didn't win on all counts as far as protecting the ipad design. for phone makers this is a sweeping decision. so many of samsung designs were found to be in violation. they will have to trade carefully when apple comes out with the new phone not to get too close. for google in the user interface, apple's home screen was found to be iconic in the sense that samsung violated by getting too close. google will have to be perfect the android os doesn't look too much like iphone. 18 years after apple lost a similar suit to microsoft they have won this time. >> we appreciate it. >>> so today mitt romney got in front of all the criticism and defended his record at bain capital telling folks he's a turnaround guy. he'll use his business experience to turn around the usa. i say that's what we need. let's ask jimmy williams. mark simone, talk show radio host and guy benson from to

jon fortt's live in san jose. when do we think they'll come through with some sort of judgment? >> that's the question, simon. anybody's guess. the jury's deliberating 9:00 a m to 4:30 pacific time every day. i have talked to experts saying if samsung wins on apple's patents expect things to continue as they have been with smartphones and tablets looking for the iphone and ipad and if apple wins they could make the products look different. it strengthens google's portion of the system and might be less eager to make it more iphone-like, sigh man. >> let's move over to hewle hewlett-packard reporting after the bell, a day after hp's rival dell did exactly the same and see how badly it fared in the course of the year. what should investors focus on? >> yeah, simon. there are a lot of cow pies in hp earnings. analysts looking for 98 cents of eps on 31.1 billion of revenue. emerge market pc buyers went for lower end machines. and consumer pc supplies were a problem last quarter. there aren't many reasons why that woul

and jon fortt is there live. jon? >> reporter: tyler, two tech hea heavyweights.ntroversy appears to be laid to rest having to do with samsung releasing to the press some excluded -- some evidence that wasn't going to be submitted to the jury at trial late last week or sorry earlier this week. the judge saying she is not going to sanction samsung for that and sort of warning them off of doing that again. polling the jury to make sure it wasn't tainted. it's not. the other reason why it's a big day, two of apple's biggest names taking the stand. the head of ios software was going through security as i was coming out moments ago. the reason why they're important is they're apple's two my mare mouthpieces with communicating to the public and to developers. right now, phil shiller on the stand making the case that the iphone and ipad success was not assured and that a big part of the reason why people like them is design. why's that important? well, a key part of the trial is design. apple's trying to say it's distinctive and unique. samsung saying they're obvious. ap

our jon fortt has more on this. chnology here, is the power cord going away? >> well, you can certainly hope so. who likes to carry around all this stuff, i mean let's get rid of it. idt, a small company in silicon valley is working on technology. intel is interesting this this because the idea is you can put your phone next to your laptop and it will sort of wirelessly charge. but there's a catch. there's a transmitter and a receiver there. the idea is you can put it in the laptop as a chip or in the wall. so phone makers would have to build it into the phone or the back battery cover for the phones that have that. so it's a little tricky adoption-wise exactly how this would work out, carl. >> you make a point and it's a good one. this has been sort of seen as the holy grail or one of the holy graks y grails for it now. >> yeah. they have mat yos ku put your phone on to get it to charge but the problem is it's kind of an efficient technology. this would take away the charging mat. it's not so much the table that's t

another big battle could be looming between these two titans, we have jon fortt with more. >> interesting, we have the youtube app here, preloaded on every ils device. google will have it's on app in the app store. it might be a better app that what we have access to right now, but search is the next area. right now apple is working with yelp. it's working with yahoo for things like sports data being pulled out through siri. expect to see more of that and it could put a bug in google's crau. apple with 25% of the eco system and more on the ipad could hamper that. >> jon, have things gotten more competitive between these two companies? we know that apple has done so well and been the face of the mobility trend, but as apple has done well, google seems to be getting more competitive as well. >> yeah, it really has been. look at samsung. you see their name coming up, they're the top cell phone maker out there. they're a worry as far as tablets go. but google soft wear is powering those samsung devices. so goog is coming at apple from a couple angles. >> it's interesting who emerges as the le

we go to our silicon valley bureau with the latest on that and jon fortt. jon, good morning. >> reporter: how does this verdict change the landscape for mobile devices which have become the growth story in computing? the pc isn't dead but as we saw last week in hp and dell earnings, the business isn't growing. over the past five years, apple and samsung have emerged as the two top companies in smartphone combining to claim all the profit in the smartphone business. this is about the top two names in smartphones duking it out. the judge will decide on september 20th how far to go in halting u.s. sales of samsung's smartphone. the galaxy s3 wasn't part of this suit. if samsung has to update some software to keep selling the s3, that's challenging but doable. then there's the question of what this means for google. samsung is the biggest android phone maker in the world. is it a huge blow? not exactly. after the verdict, google pointed out most of the areas where samsung got in trouble were if its own modifications to android. in a way, this strengthening googl

jon fortt is covering the fallout. jon, i guess we can figure out what means immediately for apple but what about the big players in the space? >> reporter: well, simon, talk about samsung first. a piece in the korea times major english language daily there saying executives are at shock an didn't expect it to go so badly for them and overall might not be that bad because the phones in the suit are not the major sellers for samsung right now and through modifications of software they can keep the more popular phones on the record despite an injunction. for google, also sh maybe not that bad. you can see the stock down a little bit today. the reason for that is samsung in trouble here veering off of google's standard android implementation and putting their own swing on this. this fragments the message. stick with the program. do things our way. for microsoft, could be good strengthening their hand and say, hey, if you're worried about different yags, use our plat frm. >> who do you think we'll conclude really lost aside

with us is jon fortt and julia boorstin. ladies first, julia. you know, it seems apple is capitulating a bit saying we'll join those. >> if you can't beat 'em, join 'em, right, sue? >> why. >> seems like rumors and exec thags that apple's going to transform television. allow people to cut the cord and still get what they wanted from tv. what we're hearing here is that's not the case. apple may be transforming the people experience television but it sound like it's not changing the way people pay for television which is in bundles and who gets paid and the way it's distributed. it seems like people continue to pay whether it's time warner cable or comcast or perhaps even a directv and continue to pay those companies and then the media companies for a bundle of content. >> do you agree, jon? what would be the tactics of apple to this end? >> i agree that apple's probably not trying to disrupt the even tv model. i'm not buying the set top box. the reason is that's just an incremental step beyond what they have now with a little $99 apple tv bc plac

let's ask our tech reporter jon fortt, herb, i want to start with you. are a fan of the first a bi first moves she unveiled pm some of them are quite unconventio l unconventional, are they? >> yes, she came out, took the stock price off the home page and that is taking away a major distraction. you know what it does? it basically allows her to go out there and you're in the middle of a turn around and not focus on the one thing everyone wants to focus on for the short term and say we're interested in the business. >> it's good for moral as well. if you see a dropping stock price every day you log on, it's a terrible distraction and you lose confidence in the company. >> if she was smart, she would get rid of guidance as well. >> rocky, i'm going to get to you, doing things like offering free food, these are a few of the things to start with, what else has she done so far? >> they may seem gimmicky, but they're the right moves to make. i was at aol and they put in physical barriers to keep employees away from the executive suite. and this is the right kin

jon fortt is live on the case for us in san jose. >> reporter: almost no one cares about the patents. what this is really about for regular people is two dominant hardware brands of the mobile ra going at each other. apple's on track to rest the case today and samsung begins the defense. the judge want this is phase of the trial to wrap up next tuesday and head to the jury. so what we saw late last week in court is a sense of forces that brought us to the point where the giants are duking it out in front of a jury. exactly two years ago, apple confronted samsung with a document catalog the infringement in patent. we also got a sense of apple sales stack up against samsung in the u.s. shipped more than 21 million smartphones that apple thinks ing fringed. apple shipped 63 million phones in that same period in the u.s., three times as many. the picture on ipad's starker. they shipped or sold 34 million in the u.s. and samsung sold fewer than 1.5 million. back to you. >> thank you very much, jon. >>> now to the still struggling housing market and the one slice of the industry that may be

. >>> i'm jon fortt. let's take a look at where stocks closed out the day. dow up three points, the nasdaq down six to 3017 and s&p lower. that means the day ended flat. now back to "hardball." >> you said earlier this year, paul ryan's -- absolutely right on. so i'm curious, is there anything about it you disagree -- >> well, the items we agree on i think outweigh any differences. we haven't gone through piece by piece and said oh, here's a place where there's a difference. i can't imagine any two people even in the same party who have the same positions on all issues. >> the biggest risk a vague candidate like romney faces in picking a fire brand like paul ryan is that all the gaps in romn romney's plans will be filled in with ryan's details. and let alone his medicare plan, but romney -- aligned himself with the ryan brand, but not specifics? can he get away with it? ezra klein is a msnbc political analyst -- david, i want you to do something nobody's been able to do in the last couple of days. clearly delineate, what would president obama do, what has he

jon fortt is live with more details. >> hey, sue. sometimes it can feel like this patent trial is taking a century. there's a lot of stuff to slog through. right now, the jury is getting 84 instructions from the judge. you can see apple stock today down a bit. might not have anything to do with this. it's been trading at all time highs. what the case is about, apple alleges samsung has copied the hardware and software in the iphone and ipad and infringed on apple's trade the overall feel and samsung said apple copied some of our wireless patents and interface improperly. samsu samsung was on defense much of the trial. we'll see if that was smart. >> the story i expected samsung to tell was apple is talking about hand gestures and rectangles and color of icons. we have real technology you need to make the phone work and our patents are more important than theirs. >> that was stanford law professor, mark lemley. separately, a former apple employee, way in goodrich has filed suit against apple. he was executive producer over many of ste

we'll come back to you in a moment after bebring in jon fortt to talk about samsung which is unveiling a new version of its galaxy tablet today. hi, jon. >> reporter: hey, tyler. called the galaxy net 10.1. the same size as the ipod and same starting price and has a pen for drawing on the screen and built-in speakers getting good reviews and trying two lines of attack to gain ground on the ipad. targeting a creative niche apple used to do with the mac. that's the pen is about and the built-in speakers and popular s3 smartphone like the unique take on multitasking and the camera that knows when you're looking at the screen. if it can get a fraction of the people to buy a note instead of an ipad, that could be huge. samsung has a lot of ground to make up. data released at the patent trial last week showed apple is outselling samsung 20 to 1 in the u.s. >> stay with us. we want your views on a headline today and that is a group of retailers including walmart and best buy and target teaming up to develop yet another mobile payment application or platform. julia, is this already a crowded f

jon fortt live in san jose with the details. hi, jon. >> reporter: hey, sue.moments are getting more common for apple. last month apple backed out of the green certification for the products and reversed itself. this time, the mistake is retail and the potential to become a real headache for the company. basically, apple's new retail chief joining in april started to cut back on staffing. apple first new hires cut the hours of part timers and new employees were being cut. this is happening ahead of what's likely to be the bigst launch season in apple's history and i don't say that lightly. next month, xegting a new iphone and ipods and constitute the biggest launch with them together and we also might gate mini ipad so what does it mean for apple? that they're reversing this. it could mean new retail chief is on thinner ice than he was. especially since some observers worry of the pedigree of big box and customer service at apple or it would mean apple is getting better at apologizing. maybe that's tim cook's style, guys. back to you. >> thank you very much. >

and our own jon fortt is taking an inside look at the catering world of silicon valley's hottest playereporter: google made food a cultural touchstone offering it free to employees more than a decade ago. twitter, facebook and now yahoo! have all followed suit. >> this is unique. >> reporter: the man behind the infamous food culture here, co-founder of caterer bon appetite. the radical vision 25 years ago was to make restaurant quality food on a massive scale. >> my dream was to create a restaurant company with great flavor, great chefs that could customize every location and food was going to be the cornerstone of the company. >> reporter: how? he hires top flight chefs, res the demographics like ebay. >> how's the indian food here? >> great. >> good? >> reporter: his achievement is itself a silicon valley success story. it was founded in palo al to serving 140 million companies inside schools and corporations around the country. the sources food from local farms and gives chefs a lot of discretion over what they cook. so, why do companies pay? what do they get out of it? >> they care

jon fortt says the talks maybe not new.e a samsung tablet. >> unveiled the new galaxy and what apparently sets it apart from the apple ipad is a stylus-like pen and a split screen, as well. so we'll seep how much that takes off in the market. >>> got to talk facebook. shares lower and lower. basic supply and demand. dropping over $4 billion in market value. >> who's clicking on ads on the samsung or iphone smartphone. right? big lock-up just hitting and issuing stock without the s.e.c. and what is it? with today's drop, the loss from the ipo is about $40 billion. we have also got a november lock-up. 1.2 billion shares available for trading before the end of the year. more and more facebooks like you said. >> zuckerberg cannot sell the shares until the november lock-up. >> how's he living? >> having to eat a canned dog food. but i guess the question is whether or not he's going to sell his shares when that eventually comes. >>> identix pharma shares. lost about 30% today regarding their hep-c treatment. >> yeah. help titus c

jon fortt with that. what do you have for us? >> well, bill, ebay making a big move. up 3%.e say on rumors about some sort of papal ipo spin-off. i talked to ebay. no comment officially but what i'm hearing from sources there is no spin-off of paypal imminent. paypal has been going through a reorganization under the new president of paypal, trying to get product, simplified from nine different product organizations, down to fewer finances, also have been going through some simple -- that's not, i'm told, any kind of precursor to any kind of spin-off any time soon. back to you. >> all right. thank you very much. heading towards the close, 25 minutes to go. dow holding steady. down about 50 points at this hour. >> stocks may be up for the summer as a whole. s&p 500 is about where it was five years ago. that's depressing but we will push forward. >> that's the truth. >> have retail investors lost their faith in the market? what will it take to restore that confidence? >> does paul ryan really hate old people? >> mitt romney and paul ryan, their party is looking to protect the w

jon fortt joins me with the story. >> if you're online you're almost certainly a google user.nces are you're not a google customer. that's because though you're using map search and other as much as -- google customers -- that's where privacy issues come in. go earlier this month google agreed to pay a record $22.5 million fine after the federal trade commission found it tracked customers who thought they were protect bid features in apple's safari browser. in the past year google has come under fire for eavesdropping on public wi-fi connections through street view cars. something google says was accidental. privacy issues only get more complicated as the android operating system expands influence on smartphones. google not only knows what you're interested in, it also knows where you are most of the time. >> pretty scary stuff, jon. my next guest says those privacy concerns clearly show google is too big of a big brother. he's consumer watchdog's jamie court. also joining us is business insider's nicolas carlson. he says get over it. google is a smart company. consumers do no

jon fortt is taking a look inside the catering world of silicon valley's hottest companies. >> reporter: david, here in silicon valley, food is actually incredibly important. and in kitchens like the one you'll see here at paypal, it's often really good. you won't find mystery meat or generic deli sandwiches here. lots of fresh ingredients, especially healthy vegetables. where are they getting fresh corn like the corn that they're getting when the country is facing a major drought? turns out a major caterer here likes to grow locally. a fresh shipment of corn arrived here at the paypal campus and the kitchen staff started getting it ready for cooking. the catering company is growing corn in the upper northwest with a farm. they find places where they can get fresh sweet corn. the catering company started silicon valley's food obsession, bon appetit. it's a daring idea that companies would want restaurant-quality food with high-quality ingredients. after oracle became one of the first customers, the company got momentum. things really got going when google made its food free a