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The U.S. International Trade Commission ruled that  Motorola's Droid smartphones do not violate three Apple patents , dealing a blow to Apple's legal offensive against the Android  smartphone ecosystem.                              The ruling is preliminary and needs to be approved by the ITC's full six-member commission. An Apple spokeswoman declined to comment. In a press release, general counsel Scott Offer declared Motorola "pleased" with the ITC's decision . Apple originally lodged its ITC complaint against Motorola in October 2010, alongside two lawsuits. In its complaints, Apple alleges that Motorola's Droid,  Droid 2 , Droid X, and a handful of other smartphones and related software violated several of its patents. Apple's complaint followed  one from Motorola  that claimed Apple was violating 18 of its patents with its smartphones and other mobile devices. Related stories App...

Android is still beating Apple in the smartphone wars, but the  iPhone 4S  has narrowed the gap between the two rivals, according to data released at yesterday's  CES  by the NPD Group. Analyzing last year's smartphone market, NPD found that iOS's share surged to 43 percent in October and November from just 26 percent in the third quarter, thanks largely to demand for the  iPhone  4S. Though Google's mobile OS maintained its lead, its share dropped in October and November to 47 percent from 60 percent in the previous quarter. With Apple and Android vying for the top spot, other smartphone players have lagged far behind, "turning the OS battle into a two-horse race," according to NPD. In third place was RIM, which steadily dripped market share over the past 12 months, falling from 19 percent in the fourth quarter of 2010 to just 6 percent in October and November of last year. Microsoft's Windows Mobile and Windows Phone 7 also struggled, each grabbing a...