Cars, homes smarten up at Vegas tech extravaganza


SAN FRANCISCO/NEW YORK (Reuters) - At the world's largest technology conference that kicks off on Monday, the most intriguing innovations showcased may be gadgets and technology that turn everyday items into connected, smarter machines.


This year's Consumer Electronics Show in Las Vegas promises a new generation of "smart" gadgets, some controlled by voice and gestures, and technology advancements in cars, some of which already let you dictate emails or check real-time gas prices.


Pundits have long predicted that home appliances like refrigerators and stoves will be networked, creating an "Internet of things." With advancements in chips and the ubiquity of smartphones and tablets, it's now happening.


"We've been talking about this convergence of consumer electronics and computers and content for 20 years. It will actually be somewhat of a reality here, in that your phone, your tablet, your PC, your TV, your car, have a capability to all be connected," said Patrick Moorhead, principal analyst at Moor Insights & Strategy.


Despite the absence of tech heavyweights Apple Inc and Microsoft Corp, CES still draws thousands of exhibitors, from giants like Intel Corp and Samsung Electronics Co Ltd to startups hungry for funding.


Wireless chip maker Qualcomm Inc's CEO, Paul Jacobs, opens the festivities with a keynote speech on Monday, taking a spot traditionally reserved for Microsoft, which decided last year to sever ties with the show.


Jacobs said in a recent interview on PBS that he will show how wireless technology will be pushed way beyond smartphones into homes, cars and healthcare.


SMARTER SMARTPHONES


With venues spanning over 32 football fields across Las Vegas -- more than 1.9 million sq. ft. (176,516 sq. meters) -- CES is an annual rite for those keen to glimpse the newest gadgets before they hit store shelves. The show, which started in 1967 in New York, was the launch pad for the VCR, camcorder, DVD and HDTV.


While retailers prowl for products to fill their shelves, Wall Street investors look for products that are the next hit.


Intel and Qualcomm are expected to highlight improvements in "perceptual computing," which involves using cameras, GPS, sensors and microphones to make devices detect and respond to user activity.


"The idea is that if your devices are so smart, they should be able to know you better and anticipate and react to your requirements," said IDC analyst John Jackson.


This year, snazzier TVs will again dominate show space, with "ultra high-definition" screens that have resolutions some four times sharper than that of current displays. The best smartphones will likely be reserved for launch at Mobile World Congress in February.


There will also be a record number of auto makers showing the latest in-vehicle navigation, entertainment and safety systems, from Toyota's Audi to Ford, General Motors and Hyundai. The Consumer Electronics Association has forecast the market for factory-installed tech features in cars growing 11 percent this year to $8.7 billion.


BMW, for one, already provides speech recognition that is processed instantly through datacenters, converted into text and emailed without drivers taking their hands off the wheel. The luxury carmaker also offers data about weather, fuel prices and other items.


"Automotive has been this backwater of technology for a long time. Suddenly, we're seeing a lot of real innovation in automotive technology," Scott McGregor, CEO of chipmaker Broadcom, told Reuters ahead of the show.


(Editing by Edwin Chan and Leslie Gevirtz)



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Saban: Alabama players must put aside 'clutter'


MIAMI (AP) — Two days after team leaders held a players-only meeting, Alabama coach Nick Saban says the Crimson Tide's performance in Monday's BCS championship against Notre Dame will show a lot about whether his players have put aside the "clutter" that comes with their success.


"You fight against human nature a little bit," Saban said Saturday at media day for the title game.


In the past, Saban has taken issue with the phrase "defending champions." He delivered a message of moving on to his players two days after winning last season's BCS title.


He said the gist was: "You guys are not the national champions."


"Other than making you a target," he said, "it doesn't do anything for you."


Alabama is still the target.


Tide players held the meeting because they wanted their teammates to get more focused in practice. Two freshmen linebackers — who aren't part of the playing rotation — were sent home Friday for curfew violations.


No. 2 Alabama is favored by more than a touchdown, which is OK with Fighting Irish coach Brian Kelly.


"Somebody's got to be an underdog," Kelly said during his turn at the podium. "Alabama's got the belt; they deserve to have the belt, and we've got to try to take it from them."


The Tide is seeking its third national title in four years. No. 1 Notre Dame has its own impressive collection but none since 1988.


Kelly hopes to reach that same level Saban has achieved, ensuring that this isn't a one-time opportunity.


"Your program is defined in consistency, and Alabama is that model," he said. "I concede to that. It's where we want to be. We want to be back here next year.


"There's been some commentators that talk about, 'Is Notre Dame for real?' Well, for me, we're for real because we're here. We've won all our games."


Kelly said he gets the vibe that his team is ready for Monday night. He says he doesn't want the "outside, perceived pressure to weigh heavily" on players.


Alabama players have been here and done this, including the hype and sometimes off-the-wall questions of what amounts to a downsized version of the Super Bowl media day.


"I mean, I think it's the media that makes the game so much bigger," Tide quarterback AJ McCarron said "Me personally, I think it's just another game.


"Yeah, you're playing for a national championship, but it's another football game. You know, the field is still 53 yards wide, 100 yards long. Still got to put the ball in the end zone to win the game. I don't really pay too much attention to the title of the game, I guess."


In other words, the label "BCS championship" is just more clutter.


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FDA: New rules will make food safer


WASHINGTON (AP) — The Food and Drug Administration says its new guidelines would make the food Americans eat safer and help prevent the kinds of foodborne disease outbreaks that sicken or kill thousands of consumers each year.


The rules, the most sweeping food safety guidelines in decades, would require farmers to take new precautions against contamination, to include making sure workers' hands are washed, irrigation water is clean, and that animals stay out of fields. Food manufacturers will have to submit food safety plans to the government to show they are keeping their operations clean.


The long-overdue regulations could cost businesses close to half a billion dollars a year to implement, but are expected to reduce the estimated 3,000 deaths a year from foodborne illness. The new guidelines were announced Friday.


Just since last summer, outbreaks of listeria in cheese and salmonella in peanut butter, mangoes and cantaloupe have been linked to more than 400 illnesses and as many as seven deaths, according to the federal Centers for Disease Control and Prevention. The actual number of those sickened is likely much higher.


Many responsible food companies and farmers are already following the steps that the FDA would now require them to take. But officials say the requirements could have saved lives and prevented illnesses in several of the large-scale outbreaks that have hit the country in recent years.


In a 2011 outbreak of listeria in cantaloupe that claimed 33 lives, for example, FDA inspectors found pools of dirty water on the floor and old, dirty processing equipment at Jensen Farms in Colorado where the cantaloupes were grown. In a peanut butter outbreak this year linked to 42 salmonella illnesses, inspectors found samples of salmonella throughout Sunland Inc.'s peanut processing plant in New Mexico and multiple obvious safety problems, such as birds flying over uncovered trailers of peanuts and employees not washing their hands.


Under the new rules, companies would have to lay out plans for preventing those sorts of problems, monitor their own progress and explain to the FDA how they would correct them.


"The rules go very directly to preventing the types of outbreaks we have seen," said Michael Taylor, FDA's deputy commissioner for foods.


The FDA estimates the new rules could prevent almost 2 million illnesses annually, but it could be several years before the rules are actually preventing outbreaks. Taylor said it could take the agency another year to craft the rules after a four-month comment period, and farms would have at least two years to comply — meaning the farm rules are at least three years away from taking effect. Smaller farms would have even longer to comply.


The new rules, which come exactly two years to the day President Barack Obama's signed food safety legislation passed by Congress, were already delayed. The 2011 law required the agency to propose a first installment of the rules a year ago, but the Obama administration held them until after the election. Food safety advocates sued the administration to win their release.


The produce rule would mark the first time the FDA has had real authority to regulate food on farms. In an effort to stave off protests from farmers, the farm rules are tailored to apply only to certain fruits and vegetables that pose the greatest risk, like berries, melons, leafy greens and other foods that are usually eaten raw. A farm that produces green beans that will be canned and cooked, for example, would not be regulated.


Such flexibility, along with the growing realization that outbreaks are bad for business, has brought the produce industry and much of the rest of the food industry on board as Congress and FDA has worked to make food safer.


In a statement Friday, Pamela Bailey, president of the Grocery Manufacturers Association, which represents the country's biggest food companies, said the food safety law "can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal."


The new rules could cost large farms $30,000 a year, according to the FDA. The agency did not break down the costs for individual processing plants, but said the rules could cost manufacturers up to $475 million annually.


FDA Commissioner Margaret Hamburg said the success of the rules will also depend on how much money Congress gives the chronically underfunded agency to put them in place. "Resources remain an ongoing concern," she said.


The farm and manufacturing rules are only one part of the food safety law. The bill also authorized more surprise inspections by the FDA and gave the agency additional powers to shut down food facilities. In addition, the law required stricter standards on imported foods. The agency said it will soon propose other overdue rules to ensure that importers verify overseas food is safe and to improve food safety audits overseas.


Food safety advocates frustrated over the last year as the rules stalled praised the proposed action.


"The new law should transform the FDA from an agency that tracks down outbreaks after the fact, to an agency focused on preventing food contamination in the first place," said Caroline Smith DeWaal of the Center for Science in the Public Interest.


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'McDreamy' says he beat Starbucks for coffee chain


SEATTLE (AP) — "Grey's Anatomy" star Patrick Dempsey may be the real "McSteamy."


The actor, who was dubbed "McDreamy" as a star of the hospital drama while his co-star was called "McSteamy," may soon be serving hot, steaming cups of Joe.


Dempsey won a bankruptcy auction to buy Tully's Coffee, a small coffee chain based in Seattle. Among those he beat out is Tully's much bigger Seattle neighbor, Starbucks Corp., which is known for its ubiquitous white cups with a circular green mermaid logo.


Dempsey, whose company Global Baristas LLC plans to keep the Tully's name, declared victory on the social media site Twitter: "We met the green monster, looked her in the eye, and...SHE BLINKED! We got it! Thank you Seattle!


The win for Dempsey deals a rare setback for Starbucks on its home turf. Starbucks has long been both praised for bringing "coffeehouse culture" to the U.S. and criticized for crushing smaller chains. The coffee giant, which had planned to convert the Tully's cafes to its own brand, last month announced plans to expand its global footprint to 20,000 cafes over the next two years, up from the current 18,000.


Dempsey said in an interview on Friday that as the underdog in Seattle, Tully's will need to find its identity.


"It's a much smaller chain that has a lot of potential that hasn't been given the proper care," he said.


But in a statement shortly after the auction on Thursday, Starbucks insinuated that Dempsey shouldn't celebrate just yet.


Starbucks, which wanted to convert the Tully's cafes to its own brand, said that a final determination on the winning bid won't be made until a court hearing on Jan. 11. Starbucks said it's in a "backup" position" to buy 25 of the 47 Tully's cafes, with another undisclosed bidder making an offer for the remainder.


The combined bids of Starbucks and the undisclosed bidder come to $10.6 million, above the $9.2 million Dempsey's company is offering to pay through his company, which was formed in order to purchase Tully's. The other investors in Global Baristas aren't being disclosed.


Tully's Coffee, which is known for serving Joe with a milder taste than Starbucks brand, filed for Chapter 11 bankruptcy protection in October, citing lease obligations and underperforming stores. Tully's wholesale business, which includes Tully's Coffee in bags and single serve K-cup packs that are sold in supermarkets and other stores, is owned separately by Green Mountain Coffee Roasters Inc.


TC Global Inc., the parent company of Tully's, said in a release Friday that it was "encouraged and excited" about Dempsey's commitment to the chain.


Tully's President and CEO Scott Pearson called the deal a "great match" and that the goal is to make sure creditors get paid and to keep as many people employed as possible.


A bankruptcy court document signed late Friday by Pearson and Dempsey said TC Global had determined that Global Baristas submitted the successful bid.


"With this court filing, it's official - our group has been chosen as the successful bidder," Dempsey said in a statement. "We look forward to the court's final approval on Jan. 11."


Earlier in the day, Dempsey said he planned to be very involved in the running of the company, adding that the immediate challenges were to address bookkeeping issues, staff morale and sprucing up the coffee shops. Once the business is stabilized, Dempsey said the long-term goal would be to take the chain national.


"We can pull this off. We just have to take steps that are slow and smart," he said. "I'm going to get behind the counter. I'm going to serve coffee...I'm going to give the company a boost of energy."


Although Dempsey lives in Los Angeles, he plans to spend more time in Seattle, the city where "Grey's Anatomy" is set in. Dempsey said he believed there is room in the city for Tully's and the much larger Starbucks; he noted there might be people who are rooting for the underdog.


"In a society where there are so many big corporations that swallow the little guy, we thought, let's not let this happen to this company," he said.


Dempsey made an appearance Friday morning at a Tully's near Pike Place Market, shaking hands with workers and greeting customers before visiting other stores. Several dozen people, mostly women, came into the store.


Patrease Estelle, 45, works nearby, and came in with a small group from her office.


"I will take whatever I can get. A photo, a hug, a 'hey, how you doing,' a wink," said Estelle, who got a picture and handshake with the actor.


___


Blankinship reported from Seattle and Choi from New York.


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Shares in Jewel parent soar on report of deal









Stock in Jewel-Osco parent Supervalu soared 13.5 percent Friday on speculation that the company is on the brink of a deal with Cerberus Capital Management.

Shares for the Eden Prairie, Minn-based grocery company closed at $2.94.

Supervalu spokesman Mike Siemienas said the company is in talks with several suitors, though a deal is not assured.  A representative for Cerberus Capital Management, a New York-based investment firm, declined to comment for this story.

The Eden Prarie, Minn-based company, which also owns Albertsons, Cub, Acme and Save-A-Lot stores, said it was exploring strategic alternatives, including a sale, in July. Days later, Supervalu dismissed CEO Craig Herkert, and Chairman Wayne Sales stepped in to run the troubled grocer.

Supervalu sales and earnings have lagged those of competitors for years. In 2012, the company's stock price fell 69.6 percent and return on investment declined 68.6 percent, according to Bloomberg. Average stock prices in the broader consumer staples market rose 7.4 percent and returns gained 10.7 percent in the period.

For the fiscal year ended Feb. 25, Supervalu reported a loss of $1.04 billion, which included a $519 million operating loss and $509 million in interest expense. Sales declined 3 percent, to $27.9 billion. The company has carried an onerous debt load since buying Albertsons, which included Chicago's Jewel-Osco chain, in 2006, making Supervalu the subject of bankruptcy  speculation.

Cerberus is rumored to be in the mix to buy parts of the company. The firm has experience in the food retail sector and was an investor in the 2006 Albertsons deal. Cerberus still holds a stake in Albertsons and Strategic Restaurants, a Burger King franchisee with more than 250 restaurants.

eyork@tribune.com | twitter: @emilyyork

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Judge: No felony for dad in Facebook posting









A Cook County judge today reversed himself, reducing the conviction to a misdemeanor for a dad who posted a Facebook photo of his 22-month-old bound and gagged with tape.

Judge Lawrence Flood had convicted Andre Curry in November of aggravated domestic battery and aggravated battery, both felonies, and was scheduled to sentence him today when he did an abrupt about-face.


In reducing Curry’s conviction to misdemeanor domestic battery, the judge said that after reviewing the law, he found no intent to obstruct the child's breathing. He sentenced Curry to 18 months of probation and ordered him to take parenting classes.





Despite his change of heart, Flood said that Curry showed an extreme "lack of judgment."


"In your rush to show everyone how funny you were, you used...a helpless 22-month-old child who was completely dependent on you as a prop," Flood said. “This was not funny, OK? I want you to understand the gravity of your lack of judgment in this case."


Curry thanked the judge in a soft voice and apologized to his family.


"I'm sorry for everybody who’s been on the edge of their seats out there," he said. 


Curry, 22, had been free on bond since his felony conviction but had faced up to 7 years in prison before the judge changed his mind.


At trial, Flood had acquitted Curry of unlawful restraint but found him guilty of the two battery counts, saying in a brief ruling that by placing tape over the girl's mouth, he had obstructed her breathing for his own enjoyment.


"To use a child...as a toy or a prop in an odd attempt at humor is conduct of an insulting or provoking nature," Flood said at the time.


Curry told police he was playing with his daughter one night at their South Side home and used blue painter’s tape to bind her ankles and wrists and cover her mouth. He then snapped a photo and uploaded it on his Facebook page.


Across the top of the photo were the words: "This is wut happens wen my baby hits me back," according to prosecutors and police reports. The message was followed with a winking emoticon.


Family members have said that Curry is playful and the photograph was meant to be a joke.


But the image went viral on the Internet, prompting a flood of calls to police and state child-welfare authorities from Curry’s friends on Facebook and others who had seen it.


jmeisner@tribune.com





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EU says its Google case not affected by U.S. ruling


BRUSSELS (Reuters) - A decision by U.S. regulators to end a probe into whether Google Inc hurt rivals by manipulating internet searches will not affect the European Union's examination of the company.


"We have taken note of the FTC (Federal Trade Commission) decision, but we don't see that it has any direct implications for our investigation, for our discussions with Google, which are ongoing," said Michael Jennings, a spokesman for the European Commission, the EU executive.


U.S. regulators on Thursday ended their investigation into the giant internet company, which runs the world's most popular search engine.


Other internet companies, such as Microsoft Corp, had complained about Google tweaking its search results to give prominence to its own products. But the FTC said there was not enough evidence to pursue a big search-bias case.


The European Commission has for the past two years been investigating complaints against Google, including claims that it unfairly favored its own services in its search results.


Google presented informal settlement proposals to the Commission in July. On December 18 the Commission gave the company a month to come up with detailed proposals to resolve the investigation.


If it fails to address the complaints and is found guilty, Google could eventually be fined up to 10 percent of its revenue - a fine of up to $4 billion.


(Reporting By Ethan Bilby; Editing by Sebastian Moffett and David Goodman)



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Chiefs, GM Pioli part ways after 4 seasons in KC


KANSAS CITY, Mo. (AP) — Scott Pioli is out as general manager of the Kansas City Chiefs, who have been negotiating the past two days with Andy Reid to become their next coach.


Pioli and the team "mutually parted ways," the Chiefs said in a statement Friday. The decision came after four tumultuous seasons marked by poor draft choices, ineffective free-agent moves, failed coaching hires and a growing fan rebellion.


"I truly apologize for not getting the job done," Pioli said.


The Chiefs fired coach Romeo Crennel on Monday after finishing 2-14, matching the worst record in their 53-year history. Chiefs chairman Clark Hunt said other changes could be made, and indicated that Pioli's future could be determined by their next coach.


A person familiar with the situation told The Associated Press the team is nearing a deal with Reid, who was fired after 14 seasons with the Philadelphia Eagles. The person spoke to AP on condition of anonymity because negotiations were ongoing. It is believed that Reid would prefer to work with his own general manager.


"After several productive conversations, we made the difficult decision to part ways with Scott Pioli and allow him to pursue other opportunities," Hunt said in a statement Friday.


"This was a difficult decision for Scott as well," Hunt said. "He has a great deal of appreciation for the history of this franchise, for our players, coaches and employees, and especially our great fans."


Kansas City will have the No. 1 pick in the NFL draft, and with five players voted to the Pro Bowl, there are certainly pieces in place for the Chiefs to make rapid improvement.


But most of those Pro Bowl players were drafted by Pioli's predecessor, Carl Peterson. The former Patriots executive struggled to find impact talent, particularly at quarterback, while cycling through coaches and fostering a climate of dread within the entire organization.


Numerous longtime staff members were fired upon Pioli's arrival, and his inability to connect with fans resulted in unrest unlike anything the franchise has known. Some of them even paid for banners to be towed behind planes before home games asking that he be fired.


Those fans finally got their wish.


The biggest reason ultimately wasn't the banners and posters, but by the performance of the Chiefs. And that was a reflection of the roster Pioli assembled, one that looked good on paper but not on the field.


Things were no better away from the field, either.


On Dec. 1, linebacker Jovan Belcher shot the mother of his 3-month-old daughter, Kasandra Perkins, at a home not far from Arrowhead Stadium. He then drove to the team's practice facility and was confronted by Pioli, Crennel and defensive coordinator Gary Gibbs.


After thanking the three of them for giving him a chance in the NFL, Belcher turned around in the parking lot, kneeled down and shot himself in the head.


Pioli hasn't spoken publicly since then but issued a statement Friday in which he thanked the organization for giving him an opportunity to be its GM.


"The bottom line is that I did not accomplish all of what I set out to do," Pioli said. "To the Hunt family — to the great fans of the Kansas City Chiefs — to the players, all employees and alumni, I truly apologize for not getting the job done."


Pioli often spoke of putting together "the right 53," but he routinely failed to do so.


His biggest move upon being hired was trading for Patriots backup Matt Cassel and then giving him a $63 million, six-year deal. Cassel went to the Pro Bowl in 2010, when the Chiefs won a surprising AFC West title, but he struggled so mightily that he was benched this season.


Many of Pioli's moves in free agency also backfired.


Tight end Kevin Boss sustained a season-ending head injury in Week 2, running back Peyton Hillis was a shadow of his former self, right tackle Eric Winston got into a messy situation by calling out Chiefs fans during an early season loss, and cornerback Stanford Routt was cut under mysterious circumstances despite signing an $18 million, three-year contract.


One of his biggest shortcomings was in the draft.


He wasted the third overall pick in 2009 on defensive end Tyson Jackson, who has struggled to become an every-down player. The only other player who has made a contribution from Pioli's first draft has been kicker Ryan Succop, their seventh-round selection.


Pioli fared better in 2010, when he nabbed Pro Bowl safety Eric Berry in the first round, but the past two years have been a disappointment. Wide receiver Jon Baldwin, his first-round pick in 2011, has barely made an impact, and defensive tackle Dontari Poe — the 11th overall pick last April — failed to make the kind of impression the Chiefs had hoped.


Pioli didn't fare much better when it came to coaches.


He fired Herm Edwards soon after he was hired and chose Todd Haley as the replacement, but their relationship was strained from the start. Haley was fired last December and Crennel made the interim coach, and then Pioli made the move permanent a few weeks after the season ended.


While beloved and respected by his players, Crennel struggled in his second stint as a head coach, and was dismissed after a 2-14 finish — only the third time in team history the Chiefs failed to win at least three games in a season.


___


Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL


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Actor Dempsey: Coffee chain bid appears successful






SEATTLE (AP) — Actor Patrick Dempsey said it appears his bid to buy a small coffee chain has prevailed in a bankruptcy auction that included Starbucks Corp.


Late Thursday night, Dempsey announced that his company, Global Baristas LLC, made the winning bid for Tully’s Coffee. He noted in a KOMO-TV interview that a bankruptcy judge will have the final say on Jan. 11. Still, Dempsey tweeted “We got it! Thank you Seattle!”






Dempsey’s company will pay $ 9,150,000 for Tully’s and complete the purchase later this month after the court hearing, he said in a statement.


“I’m thrilled that we won and I’m even more excited about saving Tully’s Coffee and its hundreds of jobs,” he said. “Tully’s is a great company with committed employees, and with its base in Seattle, one of the world’s greatest cities, I’m confident we will be able to successfully build the brand and help grow the economy. “


Tully’s Coffee has 47 company-owned locations in Washington and California. The company, with more than 500 employees, filed for Chapter 11 bankruptcy protection in October.


Dempsey, who gained the nickname “McDreamy” on the TV show “Grey’s Anatomy” set in a fictional Seattle hospital, has said he wants to rescue the chain.


Seattle has been very good to me over my career, and I am honored to have the privilege to own Tully’s and work closely with the company’s employees,” he said in his statement.


After Thursday’s auction, Starbucks spokesman Zack Hutson confirmed his company participated and “is currently in a back-up position” for some of Tully’s assets. The final certification of the winning bid won’t occur until the Jan. 11 bankruptcy court hearing, Hutson said.


“We have to wait until next week to make sure everything — I believe the 11th — to make sure it’s all finalized,” Dempsey told KOMO-TV.


The Starbucks spokesman said his company made an offer for 13 of Tully’s company-owned stores in the Puget Sound region plus 12 outlets at Boeing Co. sites. Hutson said another bidder made an offer for all other assets — and is in a back-up position for those.


Also in the running was Baristas Coffee, which operates a chain of drive-thru espresso stands featuring female employees in skimpy outfits.


Both Starbucks and Tully’s are based in Seattle.


The auction process was not public.


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Indian court to rule on generic drug industry


NEW DELHI (AP) — From Africa's crowded AIDS clinics to the malarial jungles of Southeast Asia, the lives of millions of ill people in the developing world are hanging in the balance ahead of a legal ruling that will determine whether India's drug companies can continue to provide cheap versions of many life-saving medicines.


The case — involving Swiss drug maker Novartis AG's cancer drug Glivec — pits aid groups that argue India plays a vital role as the pharmacy to the poor against drug companies that insist they need strong patents to make drug development profitable. A ruling by India's Supreme Court is expected in early 2013.


"The implications of this case reach far beyond India, and far beyond this particular cancer drug," said Leena Menghaney, from the aid group Doctors Without Borders. "Across the world, there is a heavy dependence on India to supply affordable versions of expensive patented medicines."


With no costs for developing new drugs or conducting expensive trials, India's $26 billion generics industry is able to sell medicine for as little as one-tenth the price of the companies that developed them, making India the second-largest source of medicines distributed by UNICEF in its global programs.


Indian pharmaceutical companies such as Cipla, Cadila Laboratories and Lupin have emerged over the past decade as major sources of generic cancer, malaria, tuberculosis and AIDS drugs for poor countries that can't afford to pay Western prices.


The 6-year-old case that just wrapped up in the Supreme Court revolves around a legal provision in India's 2005 patent law that is aimed at preventing companies from getting fresh patents for making only minor changes to existing medicines — a practice known as "evergreening."


Novartis' argued that a new version of Glivec — marketed in the U.S. as Gleevec — was a significant change from the earlier version because it was more easily absorbed by the body.


India's Patent Controller turned down the application, saying the change was an obvious development, and the new medicine was not sufficiently distinct from the earlier version to warrant a patent extension.


Patient advocacy groups hailed the decision as a blow to "evergreening."


But Western companies argued that India's generic manufacturers were cutting the incentive for major drug makers to invest in research and innovation if they were not going to be able to reap the exclusive profits that patents bring.


"This case is about safeguarding incentives for better medicines so that patients' needs will be met in the future," says Eric Althoff, a Novartis spokesman.


International drug companies have accused India of disregarding intellectual property rights, and have pushed for stronger patent protection that would weaken India's generics industry.


Earlier this year, an Indian manufacturer was allowed to produce a far cheaper version of the kidney and liver cancer treatment sorefinib, manufactured by Bayer Corp.


Bayer was selling the drug for about $5,600 a month. Natco, the Indian company, said its generic version would cost $175 a month, less than 1/30th as much. Natco was ordered to pay 6 percent in royalties to Bayer.


Novartis says the outcome of the new case will not affect the availability of generic versions of Glivec because it is covered by a grandfather clause in India's patent law. Only the more easily absorbed drug would be affected, Althoff said, adding that its own generic business, Sandoz, produces cheap versions of its drugs for millions across the globe.


Public health activists say the question goes beyond Glivec to whether drug companies should get special protection for minor tweaks to medicines that others could easily have uncovered.


"We're looking to the Supreme Court to tell Novartis it won't open the floodgates and allow abusive patenting practices," said Eldred Tellis, of the Sankalp Rehabilitation Centre, a private group working with HIV patients.


The court's decision is expected to be a landmark that will influence future drug accessibility and price across the developing world.


"We're already paying very high prices for some of the new drugs that are patented in India," said Petros Isaakidis, an epidemiologist with Doctors Without Borders. "If Novartis' wins, even older medicines could be subject to patenting again, and it will become much more difficult for us in future to provide medicines to our patients being treated for HIV, hepatitis and drug resistant TB."


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