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






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





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Beyoncé Discusses Miscarriage & Slams Surrogacy Rumors






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."

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Hedgehog Alert! Prickly pets can carry salmonella


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.


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Online:


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


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Market treads water ahead of Friday's employment data

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)



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Egypt curfew scaled back as Mursi seeks end to bloodshed


CAIRO/BERLIN (Reuters) - Egyptian authorities scaled back a curfew imposed by President Mohamed Mursi, and the Islamist leader cut short a visit to Europe on Wednesday to deal with the deadliest violence in the seven months since he took power.


Two more protesters were shot dead before dawn near Cairo's central Tahrir Square on Wednesday, a day after the army chief warned that the state was on the brink of collapse if Mursi's opponents and supporters did not end street battles.


More than 50 people have been killed in the past seven days of protests by Mursi's opponents marking the second anniversary of the uprising that toppled Hosni Mubarak.


Mursi imposed a curfew and a state of emergency on three Suez Canal cities on Sunday - Port Said, Ismailia and Suez. That only seemed to further provoke crowds. However, violence has mainly subsided in those towns since Tuesday.


Local authorities pushed back the start of the curfew from 9:00 p.m. to 2:00 a.m. in Ismailia and to 1:00 a.m. in Port Said and Suez.


"There has been progress in the security situation since Monday. Calm has returned," Suez Governor Samir Aglan said.


Mursi, speaking in Berlin before hurrying home to deal with the crisis, called for dialogue with opponents but would not commit to their demand that he first agree to include them in a unity government.


He sidestepped a question about a possible unity government, saying the next cabinet would be formed after parliamentary elections in April.


Egypt was on its way to becoming "a civilian state that is not a military state or a theocratic state", Mursi said.


The violence at home forced Mursi to scale back his European visit, billed as a chance to promote Egypt as a destination for foreign investment. He flew to Berlin but called off a trip to Paris and was due back home after only a few hours in Europe.


Chancellor Angela Merkel, who met him, echoed other Western leaders who have called on him to give his opponents a voice.


"One thing that is important for us is that the line for dialogue is always open to all political forces in Egypt, that the different political forces can make their contribution, that human rights are adhered to in Egypt and that of course religious freedom can be experienced," she said at a joint news conference with Mursi.


SPIRIT OF REVOLUTION


Mursi's critics accuse him of betraying the spirit of the revolution by keeping too much power in his own hands and those of his Muslim Brotherhood, the Islamist movement banned under Mubarak which won repeated elections since the 2011 uprising.


Mursi's supporters say the protesters want to overthrow Egypt's first democratically elected leader. The current unrest has deepened an economic crisis that saw the pound currency tumble in recent weeks.


Near Cairo's Tahrir Square on Wednesday morning, dozens of protesters threw stones at police who fired back teargas, although the scuffles were brief.


"Our demand is simply that Mursi goes, and leaves the country alone. He is just like Mubarak and his crowd who are now in prison," said Ahmed Mustafa, 28, a youth who had goggles on his head to protect his eyes from teargas.


Opposition politician Mohamed ElBaradei called for a meeting of the president, ministers, the ruling party and the opposition to halt the violence. But he also restated the precondition that Mursi first commit to seeking a national unity government.


The worst violence has been in the Suez Canal city of Port Said, where rage was fuelled by death sentences passed against soccer fans for roles in deadly riots last year.


After decades in which the West backed Mubarak's military rule of Egypt, the emergence of an elected Islamist leader in Cairo is probably the single most important change brought about by the wave of Arab revolts over the past two years.


Mursi won backing from the West last year for his role in helping to establish a ceasefire between Israel and Palestinians that ended a conflict in Gaza. But he then followed that with an effort to fast-track a constitution that reignited dissent at home and raised global concern over Egypt's future.


Western countries were alarmed this month by video that emerged showing Mursi making vitriolic remarks against Jews and Zionists in 2010 when he was a senior Brotherhood official.


German Foreign Minister Guido Westerwelle said ahead of Mursi's visit that the remarks, in which Mursi referred to Zionists as "descendants of apes and pigs" were "unacceptable".


"NOT AGAINST JEWS"


Asked about those remarks at the news conference with Merkel, Mursi repeated earlier explanations that they had been taken out of context.


"I am not against the Jewish faith," he said. "I was talking about the practices and behavior of believers of any religion who shed blood or who attack innocent people or civilians. That's behavior that I condemn."


"I am a Muslim. I'm a believer and my religion obliges me to believe in all prophets, to respect all religions and to respect the right of people to their own faith," he added.


Egypt's main liberal and secularist bloc, the National Salvation Front, has so far refused talks with Mursi unless he promises a unity government including opposition figures.


"Stopping the violence is the priority, and starting a serious dialogue requires committing to guarantees demanded by the National Salvation Front, at the forefront of which are a national salvation government and a committee to amend the constitution," ElBaradei said on Twitter.


Those calls have also been backed by the hardline Islamist Nour party - rivals of Mursi's Brotherhood. Nour and the Front were due to meet on Wednesday, signaling an unlikely alliance of Mursi's critics from opposite ends of the political spectrum.


Brotherhood leader Mohamed El-Beltagy dismissed the unity government proposal as a ploy for the Front to take power despite having lost elections. On his Facebook page he ridiculed "the leaders of the Salvation Front, who seem to know more about the people's interests than the people themselves".


In a sign of the toll the unrest is having on Egypt's economy, ratings agency Fitch downgraded its sovereign rating by one notch to B on Wednesday.


(Additional reporting by Tom Perry, Yasmine Saleh and Marwa Awad in Cairo, Yusri Mohamed in Ismailia and Stephen Brown and Gernot Heller in Berlin; Writing by Peter Graff)



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






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




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




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


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APNewsBreak: EPA moves to ban some rodent poisons


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.


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Wall Street edges lower as Fed keeps stimulus in place

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)



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Apple announces iPad with double storage capacity






(Reuters) – Apple Inc said on Tuesday that it will sell a version of its iPad tablet computer with 128 gigabytes of storage, which is twice the capacity of its existing models.


Apple, which has sold more than 120 million iPads so far, said that the new iPad will go on sale February 5, in black or white, for a suggested retail price of $ 799 for the iPad with just Wi-Fi model, and $ 929 for the version that also has a cellular wireless connection.






(Reporting By Sinead Carew; Editing by Gerald E. McCormick)


Tech News Headlines – Yahoo! News





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