Apple's settlement seen as the right move

Posted:
in General Discussion edited January 2014
Apple Computer's decision to settle its legal disputes with Creative Technology by way of a $100 million cash payment will likely save the iPod maker from potential headaches that could have arisen down the line, one Wall Street analyst says.



In a research note released to clients on Thursday, PiperJaffray analyst Gene Munster dubbed the one-time payment a "drop in the bucket," explaining that it represents just 1.1 percent of Apple's total cash holdings.



"If Creative had been able to win any favorable rulings in the five outstanding lawsuits, Apple could have faced headaches including: further appeals, product injunctions, future and historical royalty payments, etc.," the analyst wrote. "Considering $100 million represents 1.1 percent of Apple's $9.2 billion in cash, we believe the settlement will prove to be the right course of action."



Separately, Munster said he sees Creative's decision to join Apple's "Made for iPod" accessory program as a turning point in its digital music strategy.



"Over the last several years, Creative has been focused on head-to-head competition with the iPod and it appears that the company is now embracing the iPod eco-system as a way to grow revenue," he said. "We see this as a subtle admission by Creative that iPod does in fact dominate the MP3 player market and more may be gained from 'coopetition' than direct competition."



In a second research note, also released on Thursday, Munster said he continues to find Apple's share price attractive despite the Street's consensus that shares currently trade at premium valuation.



"We believe many investors generally feel that Apple shares have a high relative valuation and, therefore, the Street remains split between those that believe shares deserve to continue to trade at a premium and those that believe shares should trade lower due to declining momentum," the analyst wrote. "Our take is that Apple shares do not trade at a premium valuation."



Munster said he believes the best valuation metric to provide a parallel comparison between Apple shares and its hardware and software competitors is to examine the company's price-to-earnings ratio divided by its year-over-year earnings growth rate (P/E/G) -- a metric where lower figures represent higher value.



"Apple is a unique company in that its business stretches into both hardware and software," the analyst explained. "As such, we believe a comparative valuation group should consist of Apple's competitors in both hardware and software."



Munster chose to use his valuation metric to compare Apple to Dell, IBM, HP, Adobe, Autodesk and Microsoft. "With all of the relevant pieces in place, we see that the P/E/G excluding cash on Apple shares is 1.0, while the comp group average is 1.5," he told clients. "Clearly the right valuation metrics to use on any given company are up for interpretation, but we believe this method provides the most consistent strategy for comparison."



Going forward, Munster believes that Apple will continue to outpace the growth of its competitors and that it is destine for further market share growth in the PC sector over the next 2 years. The analyst maintains an "Outperform" rating on shares of Apple with a price target of $99.

Comments

  • Reply 1 of 13
    yes apple got away very cheap. this could have cost them many times more than what they paid. think if they had to pay $10 for every iPod sold. that would be billions.
  • Reply 2 of 13
    gmacgmac Posts: 79member
    Quote:
    Originally Posted by furious_


    yes apple got away very cheap. this could have cost them many times more than what they paid. think if they had to pay $10 for every iPod sold. that would be billions.



    More like $580 Million. This settlement equates to roughly 2 bucks for every iPod sold. But you're right, they got away pretty cheaply. The patents must have been pretty buttoned up for Apple to agree to $100MM settlement.
  • Reply 3 of 13
    My own stock formula is:



    Steve * Ive * iPod * MacBook / Ballmer / Shitty Creative bailout / Dell dude



    Throw in a wildcard Woz and serve with skepticism.
  • Reply 4 of 13
    bdj21yabdj21ya Posts: 297member
    News sure has been slow lately. Anyone else wishing it was the Fall already?
  • Reply 5 of 13
    Other than quickly settling for the sake of being ready for the "competition" with Zune (and legitamizing the user interface patents to force MS back to the drawing board), did this also happen to ensure that future iPod-related product releases (that may be on their way shortly) would not have clouds of litigation hanging over them?
  • Reply 6 of 13
    mark2005mark2005 Posts: 1,158member
    I believe it covers future iPods too. Munster's analysis says that too.



    Although I would like Creative to disappear (and thus not too crazy about Apple giving them money to extend their existence), this settlement does seem to be the best possible outcome. Apple gains a iPod partner and will be getting a portion of the money back in the made for iPod licensing. And could get more money back if Creative gets money from other licensees - in other words, Apple has become a "co-holder" of the patent.
  • Reply 7 of 13
    I love my macs and my ipods, but I hope that this doesn't erode any long-term competitive spirit in the portable/music gadget arena. Although Creative's products aren't exactly my cup of tea, there's a benefit to having choices. I trust that Apple will remain self-motivated, but checks and balances is a good thing (though one does wonder if it's been asleep in the U.S. govt. for the last 6 years or so.)
  • Reply 8 of 13
    hattighattig Posts: 860member
    If Apple eventually sell 200 million iPods (i.e., by 2010) utilising an interface based upon this patent, then that $100m will work out to be 50 cents on each device. That isn't too unreasonable an expectation, even if sales do level out due to increased and improved competition.



    Considering how important the iPod's simple user interface is to sales, that's a bargain. Even if the patent is completely obvious and shouldn't have been granted. Apple may even get some of that money back if Creative license it to other companies, and third party Creative peripherals for the iPod will increase the appeal of the iPod platform too.
  • Reply 9 of 13
    boogabooga Posts: 1,082member
    Quote:
    Originally Posted by Gmac


    More like $580 Million. This settlement equates to roughly 2 bucks for every iPod sold. But you're right, they got away pretty cheaply. The patents must have been pretty buttoned up for Apple to agree to $100MM settlement.



    Not really. It's just a matter of economics. Even with weak patents, you'll have an entire 18-month long ITC investigation, and then an entire federal lawsuit plus appeals. Both sides would probably be paying millions by then, win or lose, and in the meantime Apple would have a big cloud hanging over them. $100M is definitely worth having the most visible and potentially costly lawsuit against the iPod dropped, and there's a chance even that amount could be lowered if Creative can convince others to pay royalties. And without Apple to challenge the patent, it would be hard for anyone ELSE to claim they didn't infringe, since most of the prior art seems to be Apple's.
  • Reply 10 of 13
    boogabooga Posts: 1,082member
    Quote:
    Originally Posted by deepkid


    I love my macs and my ipods, but I hope that this doesn't erode any long-term competitive spirit in the portable/music gadget arena. Although Creative's products aren't exactly my cup of tea, there's a benefit to having choices. I trust that Apple will remain self-motivated, but checks and balances is a good thing (though one does wonder if it's been asleep in the U.S. govt. for the last 6 years or so.)



    Creative is no longer Apple's biggest competitor. That's now SanDisk, who has at least twice the market share of Creative depending who you ask. Even if Creative gets out of the MP3 market, it won't lessen the competitive landscape too much.
  • Reply 11 of 13
    Another reason for Apple to settle and "agree" that Creative was first with the text scroll interface thing - now MS will have to pony up for Zune (which is essentially that except in reverse) ... bringing into play that little Apple point in the settlement ($100 million minus any other settlements Creative makes) ... so the ultimate sum might be ZERO for Apple.
  • Reply 12 of 13
    mdriftmeyermdriftmeyer Posts: 7,503member
    (P x G)/(E)
  • Reply 13 of 13
    macgregormacgregor Posts: 1,434member
    I agree with those who think this is actually a good thing. Having Creative as something of a misfit ally .... sort of like Barney Fife ... is better than a competitor that will just be eaten up by MS anyway, makes sense. SanDisk will remain an important competitor which actually is okay, b/c I actually like their products and they can keep Apple honest and even SanDisk may be a potential future partner if MS bungles Zune out of the gate like a buffalo in a china shop.



    It is all about the ecosystem. That is what gives MS its inertia and will do so for iPods. Does anyone know what products Creative will try to market as "made for iPod?" Apple could let them make devices with smaller niche markets, like adaptors for in-car videoplayers, etc. I would like to see metal iPods like the iPod mini form.



    Can't wait to see what the shiny, new iPods will look like just before the Zune roll-out! "Zune what?!"
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