U.S. judge tosses Apple vs. Google lawsuit over patents

(Reuters) – An Apple lawsuit against Google‘s Motorola Mobility unit over alleged patent abuse was thrown out on Monday just hours before trial, a setback for the iPhone maker in its efforts to gain leverage in the smartphone patent wars.

The two rivals were set to square off in a Madison, Wisconsin federal court over the library of patents Google Inc acquired along with Motorola for $ 12.5 billion in May. Apple Inc claimed Motorola‘s licensing practices were unfair.

However, late last week District Judge Barbara Crabb questioned whether she had the legal authority to hear Apple‘s claims, and on Monday she dismissed the case.

A Google spokeswoman said the company was pleased with the order, while an Apple representative declined to comment. In a legal brief filed after Crabb’s ruling, Apple contended that the judge does indeed have the authority to hear its claims.

Lea Shaver, an intellectual property professor at Indiana University School of Law, said a ruling against Google would have diminished Motorola‘s patents as an effective bargaining chip in settlement negotiations.

“This puts Apple back into the position it was before,” Shaver said.

Apple and Microsoft Corp have been litigating in courts around the world against Google and partners like Samsung Electronics Co Ltd, which use the Android operating system on their mobile devices.

Apple contends that Android is basically a copy of its iOS smartphone software, and Microsoft holds patents that it contends cover a number of Android features. Microsoft is set for a trial against Motorola in Seattle next week in a case with similar issues as the Apple matter in Wisconsin.

Apple and Microsoft accuse Google of demanding too high a royalty for some of its so-called standard essential patents. Motorola promised to license those patents on fair terms, they argue, in exchange for Motorola technology being adopted as an industry standard.

In Wisconsin, Crabb had ruled during the run-up to trial that she might decide what a fair royalty for Motorola‘s patents should be.

However, in a court filing last week, Apple argued that it would not consider itself bound by Crabb’s rate if it exceeded $ 1 per Apple phone.

Given Apple‘s position, Crabb questioned whether she had the power to issue merely an advisory opinion. “It has become clear that Apple‘s interest in a license is qualified,” Crabb wrote on Friday.

Microsoft, by contrast, has agreed to live with whatever terms U.S. District Judge James Robart sets at the Seattle trial.

In Wisconsin, the trial was scheduled to begin Monday afternoon in Madison, but Crabb dismissed the case during a morning hearing. If Apple cannot convince Crabb to reconsider, then the matter could be appealed.

In its statement, Google said Motorola has long offered licensing at reasonable rates. “We remain interested in reaching an agreement with Apple,” the company said.

The case in U.S. District Court, Western District of Wisconsin is Apple Inc. v. Motorola Mobility Inc., No. 11-cv-178.

(Reporting By Alexei Oreskovic in San Francisco; Additional reporting by Dan Levine in San Francisco; Editing by Leslie Adler and Tim Dobbyn)

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U.S. judge tosses Apple vs. Google lawsuit over patents

(Reuters) – An Apple lawsuit against Google‘s Motorola Mobility unit over alleged patent abuse was thrown out on Monday just hours before trial, a setback for the iPhone maker in its efforts to gain leverage in the smartphone patent wars.

The two rivals were set to square off in a Madison, Wisconsin federal court over the library of patents Google Inc acquired along with Motorola for $ 12.5 billion in May. Apple Inc claimed Motorola‘s licensing practices were unfair.

However, late last week District Judge Barbara Crabb questioned whether she had the legal authority to hear Apple‘s claims, and on Monday she dismissed the case.

A Google spokeswoman said the company was pleased with the order, while an Apple representative declined to comment. In a legal brief filed after Crabb’s ruling, Apple contended that the judge does indeed have the authority to hear its claims.

Lea Shaver, an intellectual property professor at Indiana University School of Law, said a ruling against Google would have diminished Motorola‘s patents as an effective bargaining chip in settlement negotiations.

“This puts Apple back into the position it was before,” Shaver said.

Apple and Microsoft Corp have been litigating in courts around the world against Google and partners like Samsung Electronics Co Ltd, which use the Android operating system on their mobile devices.

Apple contends that Android is basically a copy of its iOS smartphone software, and Microsoft holds patents that it contends cover a number of Android features. Microsoft is set for a trial against Motorola in Seattle next week in a case with similar issues as the Apple matter in Wisconsin.

Apple and Microsoft accuse Google of demanding too high a royalty for some of its so-called standard essential patents. Motorola promised to license those patents on fair terms, they argue, in exchange for Motorola technology being adopted as an industry standard.

In Wisconsin, Crabb had ruled during the run-up to trial that she might decide what a fair royalty for Motorola‘s patents should be.

However, in a court filing last week, Apple argued that it would not consider itself bound by Crabb’s rate if it exceeded $ 1 per Apple phone.

Given Apple‘s position, Crabb questioned whether she had the power to issue merely an advisory opinion. “It has become clear that Apple‘s interest in a license is qualified,” Crabb wrote on Friday.

Microsoft, by contrast, has agreed to live with whatever terms U.S. District Judge James Robart sets at the Seattle trial.

In Wisconsin, the trial was scheduled to begin Monday afternoon in Madison, but Crabb dismissed the case during a morning hearing. If Apple cannot convince Crabb to reconsider, then the matter could be appealed.

In its statement, Google said Motorola has long offered licensing at reasonable rates. “We remain interested in reaching an agreement with Apple,” the company said.

The case in U.S. District Court, Western District of Wisconsin is Apple Inc. v. Motorola Mobility Inc., No. 11-cv-178.

(Reporting By Alexei Oreskovic in San Francisco; Additional reporting by Dan Levine in San Francisco; Editing by Leslie Adler and Tim Dobbyn)

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Rare John Lennon letter to Eric Clapton up for auction

LOS ANGELES (Reuters) – John Lennon held out the promise he could bring out more musical greatness in legendary guitarist Eric Clapton in a letter that could fetch as much as $ 30,000 when it is sold at auction next month, the organizers of the sale said on Monday.

The signed, hand-written letter by the Beatle, who died in 1980 at the age of 40, is one of a selection from some of the world’s great musicians that will go under the hammer in Los Angeles at the Profiles in History auction on December 18.

In a draft letter dated September 29, 1971, Lennon expressed his respect and admiration for British guitarist Clapton and suggested that they form a band together.

“Eric, I know I can bring out something great, in fact greater in you that had been so far evident in your music. I hope to bring out the same kind of greatness in all of us, which I know will happen if/when we get together,” Lennon wrote in the letter.

The letter will hold special significance for Beatles fans as auctioneer Joe Maddalena said it was widely known that there were problems in the Fab Four’s relationships with each other, and that Clapton had almost become a Beatle.

Clapton played in the Plastic Ono Band, formed by Lennon and Yoko Ono in 1969 before the breakup of the Beatles in 1970. He also played on the George Harrison song “While My Guitar Gently Weeps”, which was on the Beatles’ White Album.

“There was a point in time when George Harrison thought about leaving the band and his replacement was Clapton, so this letter is a link of what could have been,” Maddalena said.

The letter is one of 300 manuscripts and letters from literary, musical and political greats, that will be auctioned from the holdings of an American collector.

“What we know of history is from the written word, without these letters, it would all be verbal. It’s a really unique area of collecting as you’re getting a glimpse into people’s minds,” Maddalena said.

Other highlights include a handwritten letter from George Washington, with a pre-sale estimate of up to $ 300,000, and a Charles Dickens manuscript with an obituary of novelist William Thackeray, expected to fetch between $ 40,000 and $ 60,000.

Also on the auction block is a signed, handwritten letter from German composer Ludwig van Beethoven to Tobias Haslinger, a friend of his publisher, in which the musician discussed the second performance of his Ninth Symphony and the Missa Solemnis, two of his most revered works.

The letter, written in German, is undated, but both the Ninth Symphony and Missa Solemnis debuted in performances in 1824. Because of the rarity of the letter, it is estimated it will sell for between $ 40,000 and $ 60,000.

Other items going under the hammer include a signed letter in Russian by composer Peter Ilyich Tchaikovsky, which has a pre-sale estimate of $ 10,000 to $ 15,000, and a letter by composer George Gershwin dated March 24, 1932, in which he compares his compositions “Rhapsody in Blue” and “An American in Paris”.

The Gershwin letter is expected to sell for as much as $ 3,000, according to the auction house.

(Reporting By Piya Sinha-Roy; editing by Patricia Reaney; and Peter Galloway)

Music News Headlines – Yahoo! News

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Appeals court questions Arizona’s late-term abortion ban

SAN FRANCISCO (Reuters) – A federal appeals court panel on Monday sharply questioned lawyers defending an Arizona law that bans late-term abortions starting at 20 weeks of pregnancy except in medical emergencies, which opponents say is the toughest in the United States.

In San Francisco, a three-judge panel of the 9th U.S. Circuit Court of Appeals heard the case after it blocked the Republican-backed Arizona law from going into effect earlier this year. Three abortion providers challenged the law in court.

The Arizona law bars doctors from performing abortions starting at 20 weeks of pregnancy, except in medical emergencies, and could send doctors who perform them to jail.

The American Civil Liberties Union, which is suing to stop the law, said it was more extreme than similar laws elsewhere, because the way Arizona measures gestation means it would bar abortions two weeks earlier than in other states.

Those states also set the limit at 20 weeks but have different ways to calculate gestation time. Arizona already bans abortions at the point of viability, when a fetus might survive outside the womb, generally at 23 to 24 weeks.

Judge Andrew Kleinfeld, a panel member appointed by former President George H.W. Bush, repeatedly expressed concern that the law might not afford women the opportunity to abort a fetus with birth defects in cases where the defects are not apparent until just before 20 weeks.

He also questioned the need to prohibit abortions at that stage of the pregnancy, especially for fetuses bound to develop “horrible birth defects.”

“They’re basically born into hell and then die,” Kleinfeld said. “I don’t see how the courts could act before viability” of the fetus.

“With due respect, that’s the woman’s problem,” responded David Cole, Arizona’s solicitor general. “She should have made that decision earlier.”

William Montgomery, the attorney for Maricopa County in Arizona who also defended the law before the appeals panel, said new medical evidence showed a fetus has the capacity to feel pain during an abortion at 20 weeks of development.

But Judge Marsha Siegel Berzon called that a “red herring” in terms of the constitutional questions the law raises.

The three-judge panel did not say when it could make a final ruling in the case. The U.S. Supreme Court legalized abortion nationwide in 1973, but has allowed states to place restrictions on the procedure from the time of viability unless the woman’s health was at risk.

In July, days before the 9th Circuit panel blocked the law until it could fully consider the case, U.S. District Judge James Teilborg ruled that the Arizona measure was consistent with limits federal courts have allowed.

Talcott Camp, deputy director of the ACLU reproductive freedom project, said the Arizona law’s exception to allow late-term abortion applies only in immediate emergencies if delay can jeopardize a woman’s life or seriously harm her health.

“The medical emergency exception is truly, horrifically narrow,” she said in a phone interview. “This is a law that allows her to get an abortion only when she is in emergency crisis.”

Aside from Arizona, seven U.S. states have put laws into effect in the past two years banning late-term abortions, based on hotly debated medical research suggesting a fetus feels pain starting at 20 weeks of gestation, according to the ACLU.

(Editing by Alex Dobuzinskis and Cynthia Johnston. Desking by Christopher Wilson)

Health News Headlines – Yahoo! News

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Reviving Japan’s Economy With ‘Devil Wives’

After her son was born, Terue Suzuki moved back to her childhood home on weekdays so she could work while her sister cared for the baby, leaving her husband alone in the house they shared. “It was like a weekend marriage,” Suzuki says of the arrangement 14 years ago. “I had a satisfying job and really wanted to go back to it. In Japan, when a woman chooses work instead of staying at home to look after her husband, she’s called a ‘devil wife.’ ”

To spur the country’s moribund economy, Prime Minister Yoshihiko Noda aims to boost the proportion of working women aged 25 to 44 to 73 percent by 2020, from 66.5 percent in 2010.Limited day care, peer pressure, and job inflexibility mean Suzuki remains a minority in Japan, where 70 percent of women quit work with the birth of their first child, says Nana Oishi, a professor at Sophia University in Tokyo. In the U.S., about a third of new mothers don’t return to work, according to a 2010 Goldman Sachs (GS) report.

Suzuki, who remains happily married with two children, says she was fortunate to have the support of her husband and employer. The telecommunications company where she works let her switch departments to leave the office earlier and offered shorter hours, though she chose to remain full-time. She moved to her parents’ place in Yokohama after failing to find a day-care center near her home. Her sister quit a temporary job and looked after the baby for six months until an opening came up at a nursery near her parents’ house. Suzuki, now 45, continued with the “weekend marriage” when her second child was born, for a total of eight years.

A Japanese newspaper called her oniyome, popularizing the term devil wife, in an article on flexible office schedules that highlighted her determination to return to work. The phrase gained widespread awareness in 2005 when national television aired an 11-episode drama called Oniyome Nikki, or Diary of a Devil Wife.

In a survey of more than 6,000 couples in Japan in 2010, 70 percent of respondents said mothers should stop work to focus on raising children when they’re small, according to the National Institute of Population and Social Security Research. While Japan topped the list of 144 countries for innovation capacity in the World Economic Forum’s latest Global Competitiveness Report, it placed 87th for women’s participation in the labor force, the second-lowest, after Italy, among Group of Seven developed economies.

More than half of the 700 respondents in a survey by recruiter Robert Walters Japan said the main challenge for working women is balancing career and family. And 7 in 10 said starting a family makes a woman less employable. “I wanted to have kids but I kept putting it off because I wanted to gain recognition for my work,” says Yoko Ogata, an employee at a trading company who has no children.

After she married a co-worker, colleagues told her to “be a good wife,” while others told her husband he “shouldn’t make his wife continue working,” she says. In her mid-30s, Ogata started managing small teams, and when she became pregnant, she says, “I wasn’t sure what to do … I was finally being given responsibility to handle projects, and by getting pregnant I worried that people would say, ‘This is why we can’t use women.’ ”

Ogata, now 46, had a miscarriage after coming home late at night during the seventh week of pregnancy. “My husband and mother-in-law were very angry and asked if I hadn’t had a miscarriage on purpose,” she says. Ogata didn’t tell co-workers about the pregnancy or miscarriage, and she and her husband later divorced.

If Japan’s female employment rate rose to match the 80 percent rate for males, the workforce would grow by 10 percent, or 8.2 million people, spurring a 15 percent expansion of gross domestic product, Goldman Sachs economists wrote in a 2010 report called Womenomics. Easing rules, such as outdoor-space requirements for child-care facilities, would help make that happen, says Kathy Matsui, Goldman’s chief Japan strategist and a mother of two. The government can encourage more women to stay in the workforce, she said in an e-mail, “through greater deregulation and better enforcement of rules regarding equal employment opportunity and pay.”

The bottom line: To boost the economy, Japan wants to increase the proportion of young women who work to 73 percent from 66.5 percent.

Businessweek.com — Top News

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Newspaper discloses new Cameron text messages

LONDON (AP) — A British lawmaker says he’s asked the country’s media ethics inquiry to consider newly disclosed text messages sent between Prime Minister David Cameron and Rebekah Brooks, the ex-chief executive of Rupert Murdoch‘s British newspaper division.

The Mail on Sunday newspaper on Sunday published two previously undisclosed messages exchanged between the pair, who are friends and neighbors.

Brooks is facing trial on conspiracy charges linked to Britain’s phone hacking scandal, which saw Murdoch close down The News of The World tabloid.

In one newly disclosed message, Cameron thanked Brooks in 2009 for allowing him to borrow a horse, joking it was “fast, unpredictable and hard to control but fun.”

Opposition lawmaker Chris Bryant has asked a judge-led inquiry scrutinizing ties between the press and the powerful to examine the messages.

Europe News Headlines – Yahoo! News

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Facebook Survey Asks All the Wrong Questions [HUMOR]

This evening while I was casually browsing my Facebook news feed, the site asked me if I’d like to take a survey, giving some feedback about my Facebook experience. I’d seen plenty of surveys on Facebook before, but never one from Facebook. I excitedly clicked my approval and began my quest to help improve the service.

[More from Mashable: iPhone Loyalty Wanes After Apple’s Latest Smartphone Release [STUDY]]

It soon became clear the survey was more about making Facebook feel good about itself than actually improving its service (Sample question: “How much fun is Facebook overall?”). The questions were extremely general, and made no reference to any specific features, recent news or the wicked-cool Instagrams I’ve been sharing. Are they even paying attention?

When I asked Facebook about the survey, a spokesperson told me only that, “Facebook runs variations of surveys all the time in order to improve the user experience.” When I asked to see a transcript of the survey questions, she politely refused, probably because Facebook doesn’t want the world to know how banal they are.

[More from Mashable: The Secret of Viral Videos, in One Hilarious Parody]

Well phooey on social networks and their misplaced secrecy, I say! I captured screengrabs of most of the survey questions and compiled them into a gallery, which you can check out below (you can thank me in the comments).

But I think Facebook should see this as a learning experience. If it’s serious about improving its service, it needs to be more direct. Forget the focus-grouped questions about “feelings,” “fun” and “control over privacy” — let’s get to the hard stuff. Here are the questions Facebook should have asked in its survey.

1. Should Facebook increase the size of photos in shared links?

• Nah, “photos” are a fad.


• Only for users who like looking at things.


• Well, it would seem like you’re copying Pinterest, so wait a while and do it on a Friday.

---

2. How bad was that idea to ask people to pay $ 7 to promote posts in their friends’ news feeds?

• Facepalm bad.


• Napalm bad.


• “When did Zynga start running your business development?” bad.

---

3. Facebook’s IPO: What’s the first thing that comes to your mind?

• A huge star collapsing into a black hole.


• The end of Raiders where that guy’s face melts off.


• An exquisite vision of the future filled with awesomeness (CEO of Instagram only).

---

4. How much less respect do you have for Facebook after that ridiculous ad with all the chairs?

• A bit less.


• Astronomically less.


• You know that ocean trench near Puerto Rico? Keep going.

---

5. Should Facebook just admit that Google+ schooled it with Hangouts?

• Probably.


• Not at all — one-to-one Skyping is amazing. It’s 2008, right?


• I wouldn’t worry too much. Hangouts are a feature I only use all the time.

---

6. And dude, how drunk with power is Twitter right now?

• I know, right?!


• Twitter is so lame. Tagged is totally the future!


• Twitter is the new Instagram, if Instagram were a spam-filled mess you couldn’t find photos in if you tried.

---

What other questions should the Facebook survey have asked? Shout out your suggestions in the comments.

Facebook’s Customer Survey

You may see a survey like this one on Facebook. The company says it presents surveys to its users all the time to “improve the user experience.”

Click here to view this gallery.

This story originally published on Mashable here.

Social Media News Headlines – Yahoo! News

Read More..

Facebook Survey Asks All the Wrong Questions [HUMOR]

This evening while I was casually browsing my Facebook news feed, the site asked me if I’d like to take a survey, giving some feedback about my Facebook experience. I’d seen plenty of surveys on Facebook before, but never one from Facebook. I excitedly clicked my approval and began my quest to help improve the service.

[More from Mashable: iPhone Loyalty Wanes After Apple’s Latest Smartphone Release [STUDY]]

It soon became clear the survey was more about making Facebook feel good about itself than actually improving its service (Sample question: “How much fun is Facebook overall?”). The questions were extremely general, and made no reference to any specific features, recent news or the wicked-cool Instagrams I’ve been sharing. Are they even paying attention?

When I asked Facebook about the survey, a spokesperson told me only that, “Facebook runs variations of surveys all the time in order to improve the user experience.” When I asked to see a transcript of the survey questions, she politely refused, probably because Facebook doesn’t want the world to know how banal they are.

[More from Mashable: The Secret of Viral Videos, in One Hilarious Parody]

Well phooey on social networks and their misplaced secrecy, I say! I captured screengrabs of most of the survey questions and compiled them into a gallery, which you can check out below (you can thank me in the comments).

But I think Facebook should see this as a learning experience. If it’s serious about improving its service, it needs to be more direct. Forget the focus-grouped questions about “feelings,” “fun” and “control over privacy” — let’s get to the hard stuff. Here are the questions Facebook should have asked in its survey.

1. Should Facebook increase the size of photos in shared links?

• Nah, “photos” are a fad.


• Only for users who like looking at things.


• Well, it would seem like you’re copying Pinterest, so wait a while and do it on a Friday.

---

2. How bad was that idea to ask people to pay $ 7 to promote posts in their friends’ news feeds?

• Facepalm bad.


• Napalm bad.


• “When did Zynga start running your business development?” bad.

---

3. Facebook’s IPO: What’s the first thing that comes to your mind?

• A huge star collapsing into a black hole.


• The end of Raiders where that guy’s face melts off.


• An exquisite vision of the future filled with awesomeness (CEO of Instagram only).

---

4. How much less respect do you have for Facebook after that ridiculous ad with all the chairs?

• A bit less.


• Astronomically less.


• You know that ocean trench near Puerto Rico? Keep going.

---

5. Should Facebook just admit that Google+ schooled it with Hangouts?

• Probably.


• Not at all — one-to-one Skyping is amazing. It’s 2008, right?


• I wouldn’t worry too much. Hangouts are a feature I only use all the time.

---

6. And dude, how drunk with power is Twitter right now?

• I know, right?!


• Twitter is so lame. Tagged is totally the future!


• Twitter is the new Instagram, if Instagram were a spam-filled mess you couldn’t find photos in if you tried.

---

What other questions should the Facebook survey have asked? Shout out your suggestions in the comments.

Facebook’s Customer Survey

You may see a survey like this one on Facebook. The company says it presents surveys to its users all the time to “improve the user experience.”

Click here to view this gallery.

This story originally published on Mashable here.

Social Media News Headlines – Yahoo! News

Read More..

Dizzying array of media streams spotlight election

NEW YORK (AP) — The days of watching Election Night coverage on a single television set may soon be a quaint anachronism.

Americans have an array of alternatives for following returns on Tuesday night. Television news divisions are throwing everything they have into the story. People will be able to construct their own media experiences, seek out desired information instead of waiting for it, participate in conversations and hear analysis that reflects their own perspectives or none in particular.

Virtually all of the media organizations covering the election promise an abundance of information available online, from interactive maps that display state-by-state results to data from exit polls.

It’s expected to be a huge night for social media. And news organizations say they will monitor the conversations and have their own journalists actively participate.

Entertainment News Headlines – Yahoo! News

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Bypass tops stents in diabetics with diseased arteries

LOS ANGELES (Reuters) – Diabetics with more than one diseased artery fared significantly better if they underwent bypass surgery than those who received drug coated stents following artery clearing procedures to improve blood flow to the heart, according to data from a five-year study presented on Sunday.

After five years, the bypass group had a lower combined rate of heart attacks, strokes and deaths of 18.7 percent versus 26.6 percent for the stent group in the 1,900-patient study funded by the U.S. National Institutes of Health.

The result was deemed to be highly statistically significant, researchers said.

Previous studies had demonstrated the superiority of bypass surgery over the use of bare metal stents – tiny mesh tubes used to prop open cleared arteries. Researchers suspected that newer stents coated with drugs to prevent reclogging might negate some of the bypass advantage, but that turned out not to be the case.

“The advantages were striking in this trial and could change treatment recommendations for thousands of individuals with diabetes and heart disease,” said Dr. Valentin Fuster, from Mount Sinai School of Medicine in New York, who presented the findings at the American Heart Association scientific meeting in Los Angeles.

There was a higher incidence of stroke in bypass patients — 5.2 percent versus 2.4 percent. Stroke is a known risk of the surgical procedure in which a piece of a healthy blood vessel from another part of the body is grafted on to re-route blood flow around a blocked heart artery.

But deaths from any cause were significantly lower with bypass surgery than those who received artery clearing angioplasty and a drug eluting stent – 10.9 percent compared with 16.3 percent. There were also twice as many heart attacks among diabetics in the stent group within five years – 99 vs 48, which Fuster called “very significant.”

More than one million bypass surgeries or stenting procedures are performed in the United States each year and some 25 to 30 percent of those involve diabetics with multiple diseased arteries, researchers said.

If the results of this study alter clinical practice, it could eat into lucrative profits of the companies that sell drug coated stents, such as Abbott Laboratories, Boston Scientific Corp and Medtronic Inc. Boston Scientific and Johnson & Johnson supplied the stents used in the study, but J&J has since exited the stent business.

Dr. David Williams of Brigham and Women’s Hospital in Boston, who was not involved in the study, called the results “very convincing.”

“I think the (treatment) guidelines will recognize this and I do think it will be adopted,” he said.

However, Fuster cautioned that longer term follow-up of patients was necessary.

“We always want to know how long the effects last,” he said. “The gap could begin to close or the results could get better and better.”

(Reporting by Bill Berkrot and Deena Beasley; Editing by Marguerita Choy)

Medications/Drugs News Headlines – Yahoo! News

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