Apple loses a U.S. appeals bid in Samsung patent fight

Label:





SAN FRANCISCO (Reuters) – A U.S. appeals court on Thursday rejected Apple Inc‘s request to revive its bid for a sales ban on Samsung‘s Galaxy Nexus smartphone, dashing the iPhone maker’s attempt to recover crucial leverage in the global patent wars.


Apple had asked the full Federal Circuit Court of Appeals in Washington, D.C., to revisit a decision in October by a three-judge panel of the same court. The panel rejected Apple’s request to impose a sales ban on Samsung’s Nexus smartphone ahead of a trial set for March 2014.






An Apple spokeswoman declined to comment. A Samsung representative could not immediately be reached.


The fight in appeals court comes after Apple won a $ 1.05 billion verdict last year against Samsung in a U.S. District Court in California. The same trial judge will preside over the legal battle surrounding the Nexus phone, which involves a patent not included in the earlier trial.


The fight has been widely viewed as a proxy war between Apple and Google Inc. Samsung’s hot-selling Galaxy smartphones and tablets run on Google’s Android operating system, which Apple’s late co-founder, Steve Jobs, once denounced as a “stolen product.”


In its October ruling against Apple, the appeals court raised the bar for potentially market-crippling injunctions on product sales based on narrow patents for phone features. The legal precedent puts Samsung in a much stronger position by allowing its products to remain on store shelves while it fights a global patent battle against Apple over smartphone technology.


U.S. District Judge Lucy Koh, in San Jose, California, who has presided over much of the Apple/Samsung litigation in the United States, cited the appeals’ court decision in a December order rejecting Apple’s request for permanent sales bans on several Samsung phones. Apple has appealed Koh’s ruling.


Apple wanted the full Federal Circuit of Appeals, made up of nine active judges, to reverse the earlier ruling. But in a brief order on Thursday, the court rejected Apple’s request without detailed explanation or any published dissents.


Several experts had believed that Apple faced long odds, as the legal issues in play were not considered controversial enough to spur full court review.


Apple could still appeal to the U.S. Supreme Court. However, the high court has made it more difficult for patent plaintiffs to secure sales injunctions in recent years.


The case in the Federal Circuit is Apple Inc. vs Samsung Electronics Co Ltd et al, 12-1507.


(Reporting By Dan Levine; Editing by John Wallace, Grant McCool and Leslie Adler)


Tech News Headlines – Yahoo! News





Title Post: Apple loses a U.S. appeals bid in Samsung patent fight
Url Post: http://www.news.fluser.com/apple-loses-a-u-s-appeals-bid-in-samsung-patent-fight/
Link To Post : Apple loses a U.S. appeals bid in Samsung patent fight
Rating:
100%

based on 99998 ratings.
5 user reviews.
Author: Fluser SeoLink
Thanks for visiting the blog, If any criticism and suggestions please leave a comment




Read More..

Beyoncé Discusses Miscarriage & Slams Surrogacy Rumors

Label:





TV News










01/31/2013 at 03:10 PM EST



Although she's often secretive about her personal life, Beyoncé is opening up about her journey to motherhood.

The Grammy winner reveals she suffered a miscarriage – and slams rumors she used a gestational surrogate – in her upcoming HBO documentary, Life Is But a Dream – slated to air Feb. 16.

While her husband Jay-Z referenced the miscarriage in "Glory," a track released shortly after the couple's first child, Blue Ivy, was born last January, this is the first time the singer, 31, has publicly addressed it.

"About two years ago, I was pregnant for the first time. And I hear the heartbeat, which was the most beautiful music I ever heard in my life," she says.

During the pregnancy, Beyoncé says she "envisioned what my child would look like" and was feeling "very maternal."

She also says that, "being pregnant was very much like falling in love. You are so open. You are so overjoyed. There's no words that can express having a baby growing inside of you, so of course you want to scream it out and tell everyone."

But there were complications in the early stages of the singer's pregnancy. "I flew back to New York to get my check up – and no heartbeat. Literally the week before I went to the doctor, everything was fine, but there was no heartbeat," she says.

Turning to music, Beyoncé says she "went into the studio and wrote the saddest song I've ever written in my life."

"And it was actually the first song I wrote for my album. And it was the best form of therapy for me, because it was the saddest thing I've ever been through," she says.

In the documentary, the Super Bowl halftime show performer's excitement over her pregnancy with Blue Ivy is made clear. In one scene, she confides, in bed at night, "I felt the baby kick for the first time. Kicked five times."

After going public with her pregnancy at the MTV Video Music Awards, she soon faces rumors that she had used a gestational surrogate.

"A stupid rumor, the most ridiculous rumor I've ever had about me," she says. "To think that I would be that vain ..."

She continues, saying that giving birth is "the most powerful thing you can ever do in your life."

But while she was "scared to death" of delivery, Beyoncé says it was "the most beautiful experience of my life ... It was amazing ... I felt like God was giving me a chance to assist in a miracle ... You're playing a part in a much bigger show."

Read More..

Hedgehog Alert! Prickly pets can carry salmonella

Label:

NEW YORK (AP) — Add those cute little hedgehogs to the list of pets that can make you sick.


In the last year, 20 people were infected by a rare but dangerous form of salmonella bacteria, and one person died in January. The illnesses were linked to contact with hedgehogs kept as pets, according to a report released Thursday by the Centers for Disease Control and Prevention.


Health officials on Thursday say such cases seem to be increasing.


The CDC recommends thoroughly washing your hands after handling hedgehogs and cleaning pet cages and other equipment outside.


Other pets that carry the salmonella bug are frogs, toads, turtles, snakes, lizards, chicks and ducklings.


Seven of the hedgehog illnesses were in Washington state, including the death — an elderly man from Spokane County who died in January. The other cases were in Alabama, Illinois, Indiana, Michigan, Minnesota, Ohio and Oregon.


In years past, only one or two illnesses from this salmonella strain have been reported annually, but the numbers rose to 14 in 2011, 18 last year, and two so far this year.


Children younger than five and the elderly are considered at highest risk for severe illness, CDC officials said.


Hedgehogs are small, insect-eating mammals with a coat of stiff quills. In nature, they sometimes live under hedges and defend themselves by rolling up into a spiky ball.


The critters linked to recent illnesses were purchased from various breeders, many of them licensed by the U.S. Department of Agriculture, CDC officials said. Hedgehogs are native to Western Europe, New Zealand and some other parts of the world, but are bred in the United States.


___


Online:


CDC report: http://www.cdc.gov/mmwr


Read More..

Market treads water ahead of Friday's employment data

Label:

NEW YORK (Reuters) - Stocks were little changed on Thursday as investors were cautious after a mixed bag of economic data, while stellar earnings from chipmaker Qualcomm helped the Nasdaq index to edge higher.


The S&P 500 is on track to post its best month since October 2011 and its best January since 1997.


Investors expect a pullback in equities after the recent gains, though they have bought on dips over the past four weeks. The largest daily decline on the S&P 500 so far in 2013 was Wednesday's 0.39 percent drop after data showed the economy contracted in the fourth quarter of 2012.


On Friday, the government is due to release figures on January's non-farm payrolls, which are expected to show employers added 160,000 jobs in January after a rise of 155,000 in December.


"It's the calm before the potential storm. The uncertainty about tomorrow's numbers comes from that fact that we had a decent ADP report but the weekly claims were not so great," said Randy Frederick, managing director of active trading and derivatives for Charles Schwab in Austin, Texas.


"We could see an overly sensitive market to a bad number tomorrow, given that we've been up without a major correction, and that makes the market sensitive to the downside."


Data on Thursday showed a slight rise in weekly jobless claims and incomes growing at the best pace since 2004, underscoring how fragile the economic recovery still was.


Friday will also bring reports on consumer confidence, U.S. manufacturing, construction spending and car sales.


Qualcomm gained 4.4 percent to $66.32 as the top boost to the Nasdaq Composite after the world's leading supplier of chips for cellphones beat analysts' expectations for quarterly profit and revenue and raised its targets for the year.


Facebook shares fell 0.8 percent to $31.01 after falling as low as $28.74 a day after the social network company said it doubled its mobile advertising revenue in the fourth quarter. However, growth trailed some of Wall Street's most aggressive estimates.


The Dow Jones industrial average <.dji> was down 7.50 points, or 0.05 percent, at 13,902.92. The Standard & Poor's 500 Index <.spx> was up 0.36 points, or 0.02 percent, at 1,502.32. The Nasdaq Composite Index <.ixic> was up 6.99 points, or 0.22 percent, at 3,149.29.


The S&P 500 has advanced more than 5 percent in January after legislators in Washington temporarily sidestepped a "fiscal cliff" of automatic tax increases and spending cuts that could have derailed the recovery. Better-than-expected corporate earnings have added to the gains.


It would be the benchmark's largest monthly advance since a more than 6 percent gain in October 2011 and the best January advance since a 6.1 percent jump in 1997.


UPS shares lost 2.1 percent to $79.50 after reporting fourth-quarter earnings that were below analysts' estimates on Thursday and forecasting weaker-than-expected profit for 2013.


Constellation Brands shares tumbled 16.4 percent to $32.72 after the U.S. Justice Department moved to stop Anheuser-Busch InBev from buying the half of Mexican brewer Grupo Modelo that it does not already own. Constellation would have distributed Corona beer in the United States if the transaction had been approved.


Tank barge operator Kirby Corp added 6.3 percent to $70.67 and transportation company Ryder Systems climbed 4.8 percent to $56.84 after posting quarterly results.


Thomson Reuters data through Thursday morning shows that of the 231 companies in the S&P 500 that have reported earnings this season, 69.3 percent have exceeded expectations, a higher proportion than over the past four quarters and above the average since 1994.


Overall, S&P 500 fourth-quarter earnings are forecast to have risen 3.7 percent. That's above a 1.9 percent forecast at the start of the earnings season but well below a 9.9 percent profit growth forecast on October 1, the data showed.


Slot machine maker WMS Industries surged 51.7 percent to $24.84 after the company agreed to be acquired by Scientific Games for $26 per share in cash. Scientific Games jumped 5 percent to $9.38.


(Reporting By Angela Moon; Editing by Nick Zieminski)



Read More..

Syrian Opposition Leader Softens Position on Talks with Assad

Label:

Goran Tomasevic/Reuters


Free Syrian Army fighters ran for cover as a tank shell exploded against a wall. More Photos »







BEIRUT, Lebanon — Syria’s top political opposition leader on Wednesday expressed willingness for the first time to talk with representatives of President Bashar al-Assad, softening what had been an absolute refusal to negotiate with the government in an increasingly chaotic civil war.




The opposition leader, Sheik Ahmad Moaz al-Khatib, coupled his offer with two demands: the release of what he described as 160,000 prisoners held by Mr. Assad’s government, and the renewal of all expired passports held by Syrians abroad — a gesture apparently aimed at disaffected expatriates and exiled opposition figures who could not return home even if they wanted to.


Sheik Khatib’s offer, published in Arabic on his Facebook page, quickly provoked sharp criticism from others in the Syrian opposition coalition, with some distancing themselves and complaining that the leader had not consulted with colleagues in advance. The sheik later clarified in a second statement that he was expressing his personal opinion, while he chided critics in among his colleagues who he described as “those sitting down on their couches and then saying ‘Attack — don’t negotiate.’ ”


The mutual criticisms reflected the fractiousness that has plagued the Syrian opposition movement since its struggle to depose Mr. Assad began as a peaceful political movement nearly two years ago. Nonetheless, the offer still represented a potential opening for dialogue in the conflict, which has threatened to destabilize the Middle East.


Sheik Khatib made the offer as the United Nations was scrambling to raise money to manage the humanitarian crisis caused by the conflict, which has sent at least 700,000 Syrians into neighboring countries and left more than one million displaced inside Syria. A donor conference under way in Kuwait has produced commitments for about $1 billion of the $1.5 billion that the United Nations is seeking.


“I announce that I am willing to sit down with representatives of the Syrian regime in Cairo or Tunisia or Istanbul,” Sheik Khatib said in the offer. His motivation to make such an offer, he said, was “to search for a political resolution to the crisis, and to arrange matters for the transitional phase that could prevent more blood.”


There was no immediate Syrian government response to Sheik Khatib, a respected Sunni cleric who once had been the imam of the historic Umayyad mosque in Damascus. His unified Syrian opposition coalition, created at a meeting in Qatar two months ago, has been formally recognized by the Arab League, the European Union and the United States.


Sheik Khatib’s offer was made less than a day after the peace envoy for Syria from the United Nations and Arab League, Lakhdar Brahimi, gave the United Nations Security Council a pessimistic prognosis for negotiations.


It also followed a grisly massacre discovered on Tuesday in the contested northern city of Aleppo, from which anti-Assad activists posted videos online of scores of bound victims who had been shot in the head and dumped in a river. Some insurgents said the death toll exceeded 100, mostly abducted men in their 20s and 30s.


Both sides in the conflict blamed the other for those killings, just as they have traded accusations for other atrocities, including two major explosions a few weeks ago that killed more than 80 people at the University of Aleppo. Outside assessments based on video of the university blasts have suggested that a Syrian military missile was responsible.


Sheik Khatib did not hide his contempt for Mr. Assad’s government in his statement, saying, “One can’t trust a regime that kills children and attacks bakeries and shells universities and destroys Syria’s infrastructure and commits massacres against innocents, the last of which won’t be the Aleppo massacre, which is unprecedented in its savagery.”


But he decided to reach out, he wrote, partly because the Syrian government had publicly invited political opposition leaders this week to return to Damascus for what it called a dialogue.


Three weeks ago, Mr. Assad said in a speech that he was open to reconciliation talks but not with political opponents he described as terrorists, the government’s generic term for armed insurgents. At the time, most members of the political opposition dismissed Mr. Assad’s speech as meaningless.


The opposition’s longstanding position has been that Mr. Assad must resign as a precondition for any talks and that he cannot be part of any transitional government. Mr. Assad and his aides have said he has no intention of resigning and may even run for another term in elections next year.


Hania Mourtada reported from Beirut, and Rick Gladstone from New York. Reporting was contributed by Anne Barnard and Hwaida Saad from Beirut.



Read More..

The Z10 is a good first step, but BlackBerry still has to fix its app problem

Label:





BlackBerry, a.k.a., the Company Formerly Known as RIM, made good with its first two BlackBerry 10 smartphones on Wednesday. While the new devices are far from perfect, they will at the very least make long-suffering BlackBerry fans very happy and should provide a needed boost to a company in desperate need of growth. That said, BlackBerry still has a major problem that it will have to fix if it ever hopes to lure Android and iOS users away from their devices — it needs to improve the quality of apps that are available on its platform.


[More from BGR: BlackBerry Z10 review]






BlackBerry has done its best to spin its app situation as a positive, touting the roughly 70,000 apps that will be available for BlackBerry 10 at its launch. This number sounds impressive until you realize that the vast majority of these apps are ported from Android or from the BlackBerry Playbook. Even worse for the company, earlier reviews have indicated that many of these apps don’t at all function well, especially since a good portion of them were ported over from Android 2.3 Gingerbread or earlier.


[More from BGR: BlackBerry Q10 preview]


This is obviously not a sustainable situation for BlackBerry in the long term, and to the company’s credit it did announce some very important apps that are being developed directly for the BlackBerry 10 platform, including Skype, WhatsApp and the Angry Birds franchise. But there is a glaring absence that should give pause to anyone feeling optimistic about the platform’s ability to attract top developers in the future: Instagram.


Yes, Instagram is just one app, but it’s also one of the most popular in the world and it’s owned by Facebook (FB), the social networking giant that BlackBerry supposedly has a close partnership with. If BlackBerry can’t convince one of its close partners to develop an app that’s ready in time for its big platform launch, then it really calls into question how much clout the company will have with smaller developers that may not have the resources to build for more than two platforms.


And BlackBerry’s ability to attract the smaller developers is crucial to its future success because we’ve all seen mobile apps that come out of nowhere on iOS and Android and suddenly take the world by storm. If BlackBerry is constantly rushing around trying to get upstart app developers to make native BlackBerry 10 apps months after those developers have hit it big on other platforms, it will put the company at a perpetual disadvantage. This is a problem that BlackBerry desperately needs to fix by the time its next smartphones roll out.


This article was originally published on BGR.com


Gadgets News Headlines – Yahoo! News




Read More..

Let's Make a Deal's Tiffany Coyne Is Pregnant

Label:



Celebrity Baby Blog





01/30/2013 at 01:00 PM ET



Tiffany Coyne Pregnant Expecting First Child Let's Make a Deal
Courtesy Monty Brinton/CBS


Behind door number one — a pregnant Tiffany Coyne!


The Let’s Make a Deal model, 30, and her husband Chris are expecting a baby together, her rep tells PEOPLE exclusively.


“I’m extremely excited with my husband Chris to be having our first child,” Coyne, who is 3½ months along, says.


A staple on the show since her debut in 2010 — Coyne cues the opening of the doors — the mom-to-be’s announcement couldn’t come at a better time.


“This has been a truly memorable year on the show celebrating our 50th anniversary, and soon my family will be adding to that celebration. I couldn’t be happier now,” she tells PEOPLE.


– Anya Leon


Read More..

APNewsBreak: EPA moves to ban some rodent poisons

Label:

WASHINGTON (AP) — The Environmental Protection Agency is moving to ban the sale of a dozen rat and mouse poisons sold under the popular D-Con brand in an effort to protect children and pets.


The agency said Wednesday it hopes to reduce the thousands of accidental exposures that occur every year from rodent-control products. Children and pets are at risk for exposure because the products typically are placed on floors.


The agency had targeted a handful of companies two years ago, saying they needed to develop new products that are safer for children, pets and wildlife. All but Reckitt Benckiser Inc., manufacturer of D-Con, did so.


The company will have at least 30 days to request a hearing before an administrative law judge. If no hearing is requested, the ban will take effect.


Read More..

Wall Street edges lower as Fed keeps stimulus in place

Label:

NEW YORK (Reuters) - Stocks edged lower on Wednesday after the Federal Reserve left in place its bond-buying stimulus plan, saying economic growth had stalled but indicating the pullback was likely temporary.


Describing the U.S. job market as continuing its modest pace of improvement, the Fed repeated a pledge to keep purchasing securities until employment improves substantially.


The statement from the Fed follows data that showed the economy, as measured by gross domestic product, unexpectedly contracted in the fourth quarter. Economists stressed that the 0.1 percent contraction, caused partly by a plunge in government spending and lower business inventories, is not an indicator of recession.


"It is interesting that the Fed decided to focus on the GDP report, pointing to how activity slowed because of transitory factors. That sums up the GDP report. I am a bit puzzled why the Fed focused solely on one report. I would argue that this was a slightly dovish report," said Tom Porcelli, chief U.S. economist at RBC Capital Markets in New York.


The Dow Jones industrial average <.dji> was down 13.32 points, or 0.10 percent, at 13,941.10. The Standard & Poor's 500 Index <.spx> was down 1.90 points, or 0.13 percent, at 1,505.94. The Nasdaq Composite Index <.ixic> was down 2.11 points, or 0.07 percent, at 3,151.55.


The S&P 500 held above 1,500, seen by technical analysts as an inflection point that will determine the overall direction in the near term. The index is on track to post its best month since October 2011 and its best January since 1997.


"This is a very modest pullback after a steep run," said Paul Zemsky, head of asset allocation at ING Investment Management in New York.


"It is too soon for the Fed to start talking about the end of (their bond buying program); the economy needs stimulus to sustain this recovery."


Both Boeing Co and Amazon.com shares gained after earnings beat expectations, continuing a trend this quarter of high-profile names advancing after results.


Amazon rose 5.1 percent to $273.51 and Boeing rose 1.1 percent to $74.43.


Thomson Reuters data showed that of the 192 companies in the S&P 500 that have reported earnings this season 68.8 percent have been above analyst expectations, which is a higher proportion than over the past four quarters and above the average since 1994.


Chesapeake Energy rose 8 percent to $20.48 a day after it said Aubrey McClendon would step down as chief executive. The last year has been marked by civil and criminal probes into the second-largest U.S. natural gas producer.


Research In Motion shares fell 6.3 percent to $14.67 after the company, which is changing its name to BlackBerry, unveiled a long-delayed line of smartphones in hopes of a comeback into a market it once dominated.


Giving the market extra support, private sector employment topped forecasts with the ADP National Employment report showing 192,000 jobs added in January, higher than the 165,000 expectation.


(Reporting by Angela Moon; Editing by Kenneth Barry)



Read More..

The Lede Blog: Under Attack, Cairo Hotel Sends S O S via Twitter

Label:

Video of unidentified men streaming into the lobby of Cairo’s Semiramis InterContinental hotel was shown live on Egypt’s ONTV early on Tuesday.

Last Updated, 2:56 p.m. As our colleagues Kareem Fahim, David Kirkpatrick and Mayy El Sheikh report, the mayhem on Cairo’s streets briefly spilled into the lobby of one of the city’s luxury hotels, the Semiramis InterContinental, during intense clashes between riot police and protesters along the Nile Corniche overnight.

Images of a mob streaming into the hotel, shown live on Egyptian television and then posted online, raised fears of further damage to the country’s already battered tourist industry. Coming at the same time as violence in cities on the Suez Canal, this week’s unrest threatened two of the main pillars of the Egyptian economy.

Judging by a series of urgent pleas for help posted on the hotel’s Twitter feed, the raid came just after 2:30 a.m. local time.

Within an hour of sounding the alarm on the social network, the staff reported on Twitter that the security forces had arrived.

Guards at the hotel told Bel Trew of the Egyptian news site Ahram Online that phone calls to the police and the army initially went unheeded as about 40 men armed with shotguns, knives and a semiautomatic weapon broke into the shuttered lobby and started looting.

An Ahram Online journalist who witnessed the attack, Karim Hafez, said that protesters had stopped fighting with the police to help secure the hotel: “When they realized these groups were trying to loot the hotel, protesters shot fire crackers at them as they attacked the building and tried to push them away from the area but these groups were armed with birdshot bullets.”

This reported cooperation of the protesters with the police officers they have been battling for days on the street outside the hotel prompted bloggers like the British-Egyptian journalist Sarah Carr to comment on the black comedy of the situation.

Another Egyptian blogger, Mohammed Maree, reported on his @mar3e Twitter feed that a police captain on the scene confirmed to him that the protesters who were fighting with the security forces when the raid took place were not responsible for the storming of the hotel.

Mr. Maree also reported that witnesses to the raid said it began after four people drove up in a car with no license plates and fired shots to scare protesters away, before storming the hotel. He later posted a photograph of some of the hotel’s guests leaving under the protection of protesters.

Nabila Samak, a spokeswoman for the hotel who posted the calls for help on Twitter, told The Times that the staff members had called Egyptian television stations for help earlier in the evening, well before the attack, after appeals to the security forces for protection went unanswered.

Ms. Samak told Ahram Online that the staff worked to secure the hotel’s guests but were not equipped to cope with the effective collapse of the police force, since, “no guards of hotels in Egypt are armed.” Later she thanked protesters for coming to the aid of the hotel’s staff and guests.

A Saudi women who identified herself as a guest at the hotel, Hilda Ismail, posted updates and photographs from a shelter the guests were taken to during the incident on her Arabic-language Twitter feed.

In one message, she wrote: “If there is no Egyptian security, and if Morsi is sleeping, where are this country’s men!! Come get these dogs, the Semiramis Hotel is being ransacked and we are there.”

Later, Ms. Ismail uploaded a brief video clip of a man attempting to reassure guests that they were safe after the arrival of special forces officers from the ministry of the interior led by a Captain Moataz.

In the clip, the man tells the guests that the police captain wants “to assure you that the hotel is secured and it is under the control of the ministry of the interior now. Within no time you will go back to your rooms and already are in safe hands.” The police, the man added, “will make sure that such thugs will not enter the hotel again. We are sorry.”

Ms. Ismail also posted an image of the ransacked lobby on Twitter.

Ms. Ismai’s claim to have been a guest at the hotel was supported by the fact that she had uploaded a brief video clip, apparently shot from a high floor of the hotel, showing the fighting on the Nile Corniche below.

The luxury hotel chain, which was created in 1946 by Pan American World Airways, did not immediately reply to a request for comment, but an executive in Cairo told Al-Masry Al-Youm, an Egyptian newspaper, that “more than 45 clients insisted on leaving despite the hotel’s offer to relocate them to higher floors, away from the clashes.”

Although the hotel then announced that it would be closed for security reasons, the staff posted another urgent plea for help on Twitter late Tuesday.

Kareem Fahim contributed reporting from Cairo.

Read More..

Subscribe to: Posts (Atom)