Judge rejects part of Apple App Store suit vs Amazon

SAN FRANCISCO (Reuters) – A U.S. judge on Wednesday rejected part of Apple Inc‘s lawsuit against Amazon.com Inc‘s use of the term App Store, ruling Apple cannot bring a false advertising claim against the online retailer.

U.S. District Judge Phyllis Hamilton in Oakland, California, granted Amazon‘s motion for partial summary judgment, which only challenged Apple’s false advertising allegations. Apple leveled other claims against Amazon, including trademark infringement.

An Apple spokeswoman declined to comment, and an Amazon representative could not be reached immediately.

Amazon has stepped up competition against Apple in recent years, launching its cheaper Kindle tablet computer to go after the dominant iPad and trying to lure mobile application developers to its Kindle platform.

One of the first public clashes in their tussle was Apple’s 2011 lawsuit.

Apple accused Amazon of misusing what it calls its APP STORE to solicit developers for a mobile software download service. However, Amazon said its so-called Appstore has become so generic that its use could not constitute false advertising.

In a legal filing last year, Amazon added that even Apple Chief Executive Tim Cook and his predecessor, Steve Jobs, used the term to discuss rivals. Cook commented on “the number of app stores out there” and Jobs referred to the “four app stores on Android.”

In her ruling on Wednesday, Hamilton wrote that the mere use of “Appstore” by Amazon cannot be taken as a representation that its service is the same as Apple’s.

“Apple has failed to establish that Amazon made any false statement (express or implied) of fact that actually deceived or had the tendency to deceive a substantial segment of its audience,” Hamilton wrote.

A trial on Apple’s remaining claims is scheduled for August.

The case is Apple Inc v. Amazon.com Inc et al, U.S. District Court, Northern District of California, No. 11-01327.

(Additional reporting by Alistair Barr in San Francisco; Editing by Tim Dobbyn and Jeffrey Benkoe)

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U.S. soul singer Bobby Womack says he has signs of dementia

(Reuters) – U.S. singer-songwriter Bobby Womack said he is beginning to show early symptoms of Alzheimer’s disease, including trouble remembering names and song lyrics.

“The doctor said, ‘You have signs of Alzheimer’s,’” Womack, 68, told Britain’s BBC Radio 6 music station over the weekend. “He said it’s not bad yet but it’s going to get worse.”

He added: “How can I not remember songs that I wrote? That’s frustrating.”

The 2009 Rock and Roll Hall of Fame inductee, whose hits include “Woman’s Gotta Have It” and “If You Think You’re Lonely Now,” suffered a number of health problems in the past year.

In March it was disclosed that he was diagnosed with colon cancer, which was later successfully treated, and he also underwent what was termed a “minor heart procedure.”

Other recent health issues included prostate cancer, pneumonia and collapsed lungs.

The soul veteran in October won the best album award from the British magazine Q for his 2012 release, “The Bravest Man in the Universe,” beating out much younger competition.

Womack got his start in the music business as the lead singer in the soul group The Valentinos, which he formed with his brothers, and played guitar for Sam Cooke.

He also wrote The Rolling Stones’ first chart topper in the UK, 1964′s “It’s All Over Now.”

(Reporting by Eric Kelsey, editing by Jill Serjeant and Cynthia Osterman)

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Generic color switch tied to not taking pills

NEW YORK (Reuters Health) – People seem less likely to take their medications if the pill color changes between prescriptions, which can happen when switching from a brand-name to generic drug, says a new study.

“I have a lot of experience when patients of mine come and say, ‘I was taking a green pill and now it’s pink. What’s going on?’” said Dr. Aaron Kesselheim, the study’s lead author from Brigham and Women’s Hospital and Harvard Medical School in Boston.

That confusion may lead to patients being unsure about their medications and end with them not taking the drugs, write the researchers in JAMA Internal Medicine, formerly known as the Archives of Internal Medicine.

The researchers used a national database of medical claims from the early 2000s to compare people who got their seizure drugs refilled on time to those who did not.

Overall, they had information on about 61,000 people who were taking one of eight drugs, which were offered in 37 colors and four shapes.

The researchers found that changes in pill color between prescriptions rarely occurred, but there was a difference between those who filled their orders and those who did not.

Of the approximately 11,500 people who did not fill their prescriptions, 1.2 percent had their drugs change color. That compared to 0.97 percent of people who got their prescriptions filled on time.

Kesselheim admitted the raw numbers are “pretty small,” but he said they can add up.

“Patients fill medications multiple times a year… The chance of these changes happening gets to be much higher,” he said, adding that even a small gap between prescriptions can spell trouble for seizure patients.

As for the shape of the pill changing between prescriptions, that was an even more rare event and did not seem to be linked to people skipping medicine.

Also, the researchers can’t prove a change in a pill’s color stopped someone from filling their prescription or if it was something else, such as a doctor discontinuing the drug.

‘SENSELESS AND ABSURD’

“If they are taking nine medicines, they get at least 36 ‘opportunities’ a year to experience a color change. This seemingly small risk then starts to appear very substantial,” wrote Dr. Kenneth Covinsky, associate editor of JAMA Internal Medicine, in a note accompanying the study.

Covinsky adds that it’s “absolutely senseless and absurd” to expose patients to that risk. “Equivalent generic medicines should be required to look like their brand-name counterparts,” he writes.

Currently, the U.S. allows cheaper generic drugs to be sold to patients after a brand-name counterpart’s market exclusivity ends. The U.S. Food and Drug Administration (FDA) says those generics must be essentially as effective as the brand-name drugs, but may be different colors, shapes and sizes.

One reason for the same drug having different appearances is that brand-name manufacturers may claim legal ownership of their drugs’ physical appearances.

“A patient taking five medicines, each produced by five generic manufacturers, theoretically faces over 3,000 possible arrays of pill appearances for what are, chemically and clinically speaking, the same drugs,” write the study’s authors.

In a statement to Reuters Health, the Generic Pharmaceutical Association, which represents generic drug manufacturers and distributors, said they are committed to working with the FDA to ensure their products meet all quality standards and are safe, effective and accessible to all patients who need them.

“We manufacture our products and receive approval from the FDA based on consistency with the regulations and standards established by the FDA,” said the statement.

In an accompanying editorial, Lawrence Yu and Dr. Gregory Geba of the FDA’s Office of Generic Drugs write that they’ve started to include a drug’s physical appearance in reviews.

“It will be interesting to see how the results of the authors’ study… will compare with studies of other drug classes,” they add.

Kesselheim said that until there is a better solution, it’s important for patients to know that a pill’s clinical impact doesn’t change just because it looks different.

SOURCE:, and JAMA Internal Medicine, online December 31, 2012.

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Ex-directors of Satyam win ruling in U.S. class-action suit

NEW YORK (Reuters) – A U.S. federal judge dismissed claims against seven former directors of Satyam Computer Services Ltd in shareholder lawsuits stemming from the massive fraud at the heart of India‘s largest corporate scandal.

U.S. District Judge Barbara Jones in New York ruled on Wednesday the lawsuits failed to allege that the ex-directors recklessly failed to discover the fraud, which came to be known as “India’s Enron.”

The lawsuits center on the revelation by Satyam’s founder and former chairman, Ramalinga Raju, that what had been India’s fourth-largest outsourcing firm had for several years inflated its revenue, income and cash balances by more than $ 1 billion.

In her decision Wednesday, Jones said the allegations primarily focused on the actions of a small group of insiders, reinforcing an inference the audit committee’s members “were themselves victims of the fraud.”

Lawyers for the directors welcomed the decision.

“It was truly unfortunate that these directors, diligent individuals of the highest integrity, were ever named as defendants,” said Irwin Warren, a lawyer for five of the seven directors involved in the case.

Gordon Atkinson, a lawyer for former board member Vinod Dham, in an email said the decision would hopefully help vindicate his client and the other outside directors, “who were themselves victims of the Satyam fraud, not perpetrators or otherwise responsible for it.”

Lawyers for the plaintiffs did not respond to requests for comment.

Satyam shareholders began filing lawsuits in 2009 after the scandal broke.

In 2011 Satyam, now called Mahindra Satyam Ltd, and its auditor, PricewaterhouseCoopers, agreed to pay $ 125 million and $ 25.5 million, respectively, to settle claims filed by shareholders.

That same year, Satyam and PwC agreed to pay a combined $ 17.5 million to settle claims made by the U.S. Securities and Exchange Commission and Public Company Accounting Oversight Board.

The 2011 settlements did not include Satyam’s former directors, who continued to litigate the case that ultimately ended in Wednesday’s ruling.

In her ruling, Jones also said the investors could not file claims arising from stock purchases made on the National Stock Exchange of India, citing a 2010 U.S. Supreme Court case restricting investor claims in U.S. courts involving stocks bought on overseas exchanges.

Investors had also filed claims involving Satyam American depositary shares, which were not impacted by the Supreme Court ruling.

The lead plaintiffs include Public Employees’ Retirement System of Mississippi, Mineworkers’ Pension Scheme, SKAGEN AS and Sampension KP Livsforsikring A/S.

Jones also dismissed claims brought by a former Satyam employee on behalf of employees who exercised stock options. The judge also voided claims on jurisdictional grounds against two companies owned by the Raju family – Maytas Infra Ltd. and Maytas Properties.

Adam Finkel, a lawyer for Maytas Properties, in an email said his clients were pleased with the decision.

The case is In re Satyam Computer Services Ltd. Securities Litigation, U.S. District Court, Southern District of New York, 09-2027.

(Reporting By Nate Raymond in New York; Editing by Matt Driskill)

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GM recalls 145,628 mid-sized pickups for hood latch issue

(Reuters) – General Motors Co said on Thursday it is recalling 145,628 mid-sized pickup trucks globally as the hood could open unexpectedly due to a possible missing latch.

Of the Chevrolet Colorado and GMC Canyon pickups affected by the recall, 118,800 are in the United States, 15,264 are in Canada, 7,492 are in Mexico and the rest are exports, GM said.

GM is recalling the model year 2010 to 2012 trucks because the hood may be missing a secondary hood latch, so if the primary latch is not engaged the hood could open and block the driver’s view and increase the risk of a crash, according to documents filed with the U.S. National Highway Traffic Safety Administration.

There are no reports of crashes or injuries related to the issue, and there are four known cases of the secondary hood latch being missing, GM said.

GM said it will notify owners and instruct them to inspect their trucks for the presence of a secondary hood latch or take the truck to a dealer for inspection. If the secondary latch is missing, a new hood will be installed, the company said.

Dealers were notified of the issue on December 18 and GM expects to begin mailing letters to owners on January 17, according to NHTSA.

(Reporting By Ben Klayman in Detroit; Editing by Gerald E. McCormick)

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Armed robbers hit Paris Apple store

PARIS (Reuters) – Armed robbers targeted an Apple Inc store in central Paris on New Year’s Eve, taking thousands of euros (dollars) worth of goods, a police official said on Tuesday.

The robbery took place at about 9 p.m. (1900 GMT) on Monday, three hours after closing time at one of Apple‘s flagship stores behind the Paris Opera which sells products ranging from iPhones and iPads to Mac computers.

The police official declined to comment on reports the thieves walked away with about 1 million euros ($ 1.32 million) of loot, saying the company was still evaluating the loss.

Christophe Crepin from the police union UNSA told reporters four masked and armed individuals forced their way into the shop and afterwards escaped in a van.

“They were well prepared. As the majority of police were busy watching the Champs Elysees (for New Year’s Eve celebrations), the robbers took advantage of this opportunity,” he said.

($ 1 = 0.7585 euros)

(Reporting By Thierry Leveque and John Irish; Editing by Michael Roddy)

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Heartwarming moments defy chill at Rose Parade

PASADENA, Calif. (AP) — A couple who became husband and wife on the “Love Float,” a surprise reunion between a returning soldier and his little boy, and a grand marshal famed globally for her chimpanzee research were among the highlights of the 124th Rose Parade on Tuesday.

The parade’s spectacular 42 floral floats brightened an otherwise cloudy New Year’s morning and boosted the spirits of a chilled crowd estimated at some 700,000 spectators lining the 5-mile route.

“The only way that you’re going to experience the Rose Parade is to be here in person,” said Los Angeles resident Gineen Alcantara-Nakama, who camped out Monday night to save front row sidewalk spots.

“Growing up, I watched it on television, but it’s not the same — the smell, the atmosphere, smelling the flowers as they come down the street. And the energy. It’s like being with family all night long.”

Spectators rose to a standing ovation when Army Sgt. First Class Eric Pazz, who was riding on the Natural Balance Pet Foods float along with other service members, got off the float and walked over to his surprised wife Miriam and 4-year-old son Eric Jr., who came running out of the stands into the arms of his 32-year-old father.

Miriam Pazz had been told she had won a contest to attend the parade and did not know her husband, who is deployed in Afghanistan, would be there. A native of Clio, Mich., Pazz is a highly decorated soldier who has also served in Iraq. The family, who currently lives in Germany, climbed aboard the float for the rest of the route.

Cheers also went up for a Chesapeake, Va., couple who tied the knot aboard Farmers Insurance “Love Float.”

Gerald Sapienza and Nicole Angelillo were high school classmates who reconnected 10 years later and won the parade wedding over three other couples in a nationwide contest. They received a trip to Pasadena, a wedding gown, tuxedo, rings, marriage license fees, Rose Bowl game tickets and hair and makeup for the bride.

The parade’s theme this year was “Oh the Places You’ll Go!” named in honor of the Dr. Seuss book. It served as a fitting slogan for grand marshal British primatologist Jane Goodall, who has spent much of her life in Tanzania studying chimpanzees.

Goodall chose conservation as her message for the parade

“My dream for this New Year’s Day is for everyone to think of the places we can all go if we work together to make our world a better place,” said Goodall, 78.

“Every journey starts with a step and I am pleased to see the Tournament of Roses continue to take steps toward not only celebrating beauty and imagination, but also a cleaner environment.”

This year’s parade also saw the first-ever float entered by the Defense Department.

The $ 247,000 military float was a replica of the Korean War Veterans Memorial in Washington to commemorate the veterans from that conflict.

The float that scooped up the parade’s grand “Sweepstakes” prize for the most beautiful floral presentation and design was “Dreaming in Paradise” by fruit and vegetable producer Dole.

According to parade rules, every inch of the floats must be covered with flowers or plant material, most of it applied by volunteers in the last weeks of December.

Besides floats, the parade also featured 23 marching bands and 21 equestrian units from around the world.

Banda El Salvador, a 200-plus member marching band and folkloric dance troupe, played sassy Latin rhythms and paid homage to their Central American country by dressing in the national colors of blue and white and shouting “Arriba El Salvador!”

The Aguiluchos band from Puebla, Mexico, earned cheers for their fancy footwork and vaquero rope tricks. Colorful dancers from Costa Rica and South Korea were other crowd pleasers.

Die-hard parade fans staked out their spots overnight or in pre-dawn hours with folding chairs, hammocks and portable barbeque grills despite frosty temperatures.

Emergency personnel received a number of cold-weather exposure calls, police department spokeswoman Lisa Derderian told City News Service.

As of 8 a.m. Tuesday, police had made a total of 22 arrests along the parade route since 6 p.m. Monday, said police Lt. Rick Aversan. All but one arrest were for suspected public intoxication. The other was for suspected possession of burglary tools that could have been used to break into cars, police said.

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“Fiscal cliff” crisis heads to resolution in Congress

WASHINGTON (Reuters) – A months-long battle over the U.S. “fiscal cliff” headed to a close on Tuesday as the House of Representatives moved toward final approval of a bipartisan deal meant to prevent Washington from pushing the world’s biggest economy into recession.

The Republican-controlled House was expected to back a tax hike on the top U.S. earners shortly before midnight on Tuesday, ending weeks of high-stakes budget brinkmanship that threatened to spook consumers and throw financial markets into turmoil.

Approval of the bill would be a victory for President Barack Obama, who campaigned for re-election last November on a promise to raise taxes on the wealthiest but faced stiff opposition from congressional Republicans.

Republicans had earlier considered adding hundreds of billions of dollars in spending cuts after the bill had already passed the Senate with strong bipartisan support. That would have triggered further partisan warfare and pushed the crisis well past a self-imposed January 1 deadline.

But party leaders abandoned the effort after determining they lacked the votes.

“We’ve gone as far as we can go and I think people are ready to bring it to a conclusion,” Republican Representative Jack Kingston of Georgia said. “We fought the fight.”

Rules Committee Chairman David Dreier, a Republican, predicted the House would back the Senate bill, which also postpones for two months $ 109 billion in spending cuts on military and domestic programs set for 2013.

The bill easily cleared a procedural hurdle by a bipartisan vote of 408 to 10.

Lawmakers have struggled to find a way to head off across-the-board tax hikes and spending cuts that began to take effect at midnight, a legacy of earlier failed budget deals that is known as the fiscal cliff.

Strictly speaking, the United States went over the cliff in the first minutes of the New Year because Congress failed to produce legislation to halt $ 600 billion of tax hikes and spending cuts scheduled for this year.

TAX HIKES FOR WEALTHIEST

While many Republicans were uneasy with the tax hikes and wanted more spending cuts in the bill, they seemed to realize that the fiscal cliff would begin to damage the economy once financial markets and federal government offices returned to work on Wednesday. Opinion polls show the public would blame Republicans if a deal were to fall apart.

House Republicans had earlier considered adding $ 330 billion in spending cuts over 10 years to the Senate bill, which raises taxes on the wealthiest U.S. households by $ 620 billion over the same period.

But Senate Democrats refused to consider any changes to their bill, which passed 89 to 8 in a rare display of unity early Tuesday.

That measure, which passed the Senate at around 2 a.m., would raise income taxes on families earning more than $ 450,000 per year and limit the amount of deductions they can take to lower their tax bill.

Low temporary rates that have been in place for the past decade would be made permanent for less-affluent taxpayers, along with a range of targeted tax breaks put in place to fight the 2009 economic downturn.

However, workers would see up to $ 2,000 more taken out of their paychecks annually with the expiration of a temporary payroll tax cut.

The non-partisan Congressional Budget Office said the Senate bill would increase budget deficits by nearly $ 4 trillion over the coming 10 years, compared to the budget savings that would occur if the extreme measures of the cliff were to kick in.

But the bill would actually save $ 650 billion during that time period when measured against the tax and spending policies that were in effect on Monday, according to the Committee for a Responsible Federal Budget, an independent group that has pushed for more aggressive deficit savings.

(Additional reporting by Rachelle Younglai, Thomas Ferraro and David Lawder; Writing by Andy Sullivan; Editing by Alistair Bell and Eric Beech)

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California’s New Laws Try to Do What Congress Couldn’t

On the eve of 2013, state officials are busy readying for tens of thousands of new laws that go into effect on the first day of the year. The nation’s most populous state, California, is  serving as a laboratory for several legislative measures, embarking on a number of policy experiments that were too controversial to be implemented on the national scale.

At the top of that list is California’s cap and trade program for greenhouse gases. Starting January 1, large power plants and industrial facilities in the state will have to either lower their emissions or be forced to buy credits at auction. The credits, called allowances, make the cost of polluting more expensive. Federal cap-and-trade legislation failed in Congress in 2009.

California is also pressing ahead with its own version of the Dream Act. The Dream Act would have granted a path to citizenship for illegal immigrants under age 30 who came to the U.S. before they were 16, finished high school, and don’t have criminal records. The legislation languished in Congress for years, and was blocked by Republicans when it came to a vote in 2010. Hoping to score points with Hispanics in the run-up to the presidential election, President Obama initiated a short-term workaround in the form of a two-year waiver program for this group. On January 1, California will go further than the federal government, by allowing these young people to receive financial aid from state universities, according to the National Conference of State Legislatures.

Meanwhile, some Southern states continue to tighten immigration laws. Louisiana, Tennessee, South Carolina and Georgia will now require private employers to enroll in the federal E-Verify program, an optional online system that checks whether potential hires are eligible to work in the U.S. The laws aren’t likely to have much practical effect because the program is so easily defrauded.

California, not surprisingly, has gone in the opposite direction. Starting Jan. 1, the state will prohibit local officials from requiring employers to use E-Verify unless the federal government mandates it. Employers in California will also be hamstrung by a new consumer protection law that prohibits them from using a credit report to evaluate job candidates.

The election may be over, but a number of controversial voter ID laws will take effect on Tuesday. According to the National Conference of State Legislatures, new laws requiring voters to present photo IDs will go into effect in Kansas, Rhode Island, Tennessee and Texas. Tennessee will require election official to identify possible non-citizens who are registered to vote and require them to present proof of citizenship at the polls.

Those troubled by the idea that states are moving in opposite directions on big questions of national policy might take some comfort in that rumor that Congress plans to debate immigration reform this spring. But if the fiscal cliff fight is any indicator, the debate promises to be a long slog, and lawmakers may end up with nothing to show for it.

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France counts 1,193 cars torched on New Year’s Eve

PARIS (AP) — A New Year’s Eve tradition for some in France of torching empty, parked cars has continued.

Interior Minister Manuel Valls said Tuesday that 1,193 vehicles were burned overnight around the country, where the stunt began in the 1990s.

There was no way to compare this figure to recent ones because the conservative government of former President Nicolas Sarkozy stopped making the numbers public while he was in office. But the rate of burned cars was apparently steady. On Dec. 31, 2009, 1,147 vehicles were burned.

For some, the decision of France’s current Socialist government to resume making public figures of New Year’s Eve’s torched cars is unwise.

Bruno Beschizza, a security chief for Sarkozy’s UMP party, said on iTele TV that publishing the numbers motivates youths to commit such crimes.

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