Google drops key patent claims against Microsoft


WASHINGTON (Reuters) - Google unit Motorola Mobility has asked a trade panel to drop two key patents from an infringement complaint that it filed against Microsoft, according to a filing at the International Trade Commission.


The ITC has been considering accusations by Motorola Mobility, which has since been purchased by Google, that Microsoft infringed on its patented technology to make its popular Xbox.


Google filed a motion with the ITC on Tuesday, asking that two patents be withdrawn from the case. One patent remains, according to the filing.


The withdrawal was required under an agreement that Google made with the Federal Trade Commission last week settling a pair of long-running antitrust investigations.


The FTC, U.S. Department of Justice and U.S. Patent and Trademark Office assert that companies should not request sales bans when filing patent infringement lawsuits based on patents that are essential to a standard in most cases. Standard essential patents ensure that devices are interoperable.


Microsoft identified the two patents withdrawn from the ITC case as standard essential patents.


"We're pleased that Google has finally withdrawn these claims for exclusion orders (sales bans) against Microsoft, and hope that it will now withdraw similar claims pending in other jurisdictions," David Howard, Microsoft's deputy general counsel, said in an emailed statement.


Google did not immediately respond to requests for a comment.


Microsoft said that standard essential patents had been asserted in cases in Wisconsin and Washington district courts, both of which have been stayed. Sales bans, or injunctions, were requested in both cases, Microsoft said.


The ITC is a popular venue for patent lawsuits because it can bar the importation of infringing products and because it issues decisions relatively quickly.


The International Trade Commission case is No. 337-752.


(Reporting By Diane Bartz; Editing by Maureen Bavdek)



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AP Source: Surgery reveals damage to RG3's ACL


WASHINGTON (AP) — A person familiar with the situation says the surgery on Robert Griffin III's knee revealed damage to the ACL.


The Washington Redskins quarterback had surgery Wednesday morning to repair a torn lateral collateral ligament in his right knee. The procedure also examined Griffin's ACL, which he tore while playing for Baylor in 2009. Another torn ACL would complicate Griffin's chances of returning by the start of next season.


The person spoke to The Associated Press on condition of anonymity because the Redskins had not made an announcement about the latest details surrounding the rookie quarterback's injury.


Griffin sprained the LCL last month and reinjured the knee in Sunday's playoff loss to the Seattle Seahawks.


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Oprah to interview Armstrong for Jan. 17 show






LOS ANGELES (AP) — Lance Armstrong has agreed to an interview with Oprah Winfrey in which he is to address allegations he used performance-enhancing drugs during a career in which he won seven Tour de France titles.


According to Winfrey’s website on Tuesday, this will be a “no holds-barred interview.” It will be the first with Armstrong since his cycling career crumbled under the weight of a massive report by the U.S. Anti-Doping Agency. The report detailed accusations of drug use by Armstrong and teammates on his U.S. Postal Service teams.






It’s unclear if the interview at Armstrong’s home in Austin, Texas, has already been taped. Nicole Nichols, a spokeswoman for Oprah Winfrey Network & Harpo Studios, declined comment.


The show will be broadcast Jan. 17 at 9 p.m. EST on OWN and Oprah.com.


Armstrong has strongly denied the doping charges that led to him being stripped of his Tour de France titles, but The New York Times reported Friday he has told associates he is considering acknowledging the use of performance enhancers.


The newspaper report cited anonymous sources, and Armstrong lawyer Tim Herman told The Associated Press that night he had no knowledge of Armstrong considering a confession.


Earlier Tuesday, “60 Minutes Sports” reported the head of USADA told the show a representative for Armstrong offered the agency a “donation” in excess of $ 150,000 several years before an investigation by the organization led to the loss of Armstrong’s Tour de France titles.


In an interview for the premiere on Showtime on Wednesday night, USADA chief executive Travis Tygart said he was “stunned” when he received the offer in 2004.


“It was a clear conflict of interest for USADA,” Tygart said. “We had no hesitation in rejecting that offer.”


Herman denied such an offer was made.


“No truth to that story,” Herman wrote Tuesday in an email to the AP. “First Lance heard of it was today. He never made any such contribution or suggestion.”


Tygart was traveling and did not respond to requests from the AP for comment. USADA spokeswoman Annie Skinner said Tygart’s comments from the interview were accurate. In it, he reiterates what he told the AP last fall: He was surprised when federal investigators abruptly closed their two-year investigation into Armstrong and his business dealings, then refused to share any evidence they gathered.


“You’ll have to ask the feds why they shut down,” Tygart told the AP. “They enforce federal criminal laws. We enforce sports anti-doping violations. They’re totally separate. We’ve done our job.”


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Flu season has Boston declaring health emergency


BOSTON (AP) — Massachusetts public health officials are reporting 18 flu-related deaths in the state already this season, and Boston has declared a public health emergency.


A spokeswoman for Mayor Thomas Menino says the city is working with health care centers to offer free flu vaccines and also hopes to set up public locations where people can go for vaccinations. The city is reporting four flu-related deaths.


There have been about 700 confirmed cases of the flu in Boston so far this season, about 10 times more than in the same period last year.


The Massachusetts Department of Public Health says the state is one of many reporting above average flu hospitalization rates. The Centers for Disease Control and Prevention has warned of a harsh flu season, which usually peaks in midwinter.


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Oprah to interview Armstrong for Jan. 17 show


LOS ANGELES (AP) — Lance Armstrong has agreed to an interview with Oprah Winfrey in which he is to address allegations he used performance-enhancing drugs during a career in which he won seven Tour de France titles.


According to Winfrey's website on Tuesday, this will be a "no holds-barred interview." It will be the first with Armstrong since his cycling career crumbled under the weight of a massive report by the U.S. Anti-Doping Agency. The report detailed accusations of drug use by Armstrong and teammates on his U.S. Postal Service teams.


It's unclear if the interview at Armstrong's home in Austin, Texas, has already been taped. Nicole Nichols, a spokeswoman for Oprah Winfrey Network & Harpo Studios, declined comment.


The show will be broadcast Jan. 17 at 9 p.m. EST on OWN and Oprah.com.


Armstrong has strongly denied the doping charges that led to him being stripped of his Tour de France titles, but The New York Times reported Friday he has told associates he is considering acknowledging the use of performance enhancers.


The newspaper report cited anonymous sources, and Armstrong lawyer Tim Herman told The Associated Press that night he had no knowledge of Armstrong considering a confession.


Earlier Tuesday, "60 Minutes Sports" reported the head of USADA told the show a representative for Armstrong offered the agency a "donation" in excess of $150,000 several years before an investigation by the organization led to the loss of Armstrong's Tour de France titles.


In an interview for the premiere on Showtime on Wednesday night, USADA chief executive Travis Tygart said he was "stunned" when he received the offer in 2004.


"It was a clear conflict of interest for USADA," Tygart said. "We had no hesitation in rejecting that offer."


Herman denied such an offer was made.


"No truth to that story," Herman wrote Tuesday in an email to the AP. "First Lance heard of it was today. He never made any such contribution or suggestion."


Tygart was traveling and did not respond to requests from the AP for comment. USADA spokeswoman Annie Skinner said Tygart's comments from the interview were accurate. In it, he reiterates what he told the AP last fall: He was surprised when federal investigators abruptly closed their two-year investigation into Armstrong and his business dealings, then refused to share any evidence they gathered.


"You'll have to ask the feds why they shut down," Tygart told the AP. "They enforce federal criminal laws. We enforce sports anti-doping violations. They're totally separate. We've done our job."


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Lampert plans to be a new kind of merchant








He's been a big-time investor in the retail sector for more than 15 years and was chairman of Kmart after it emerged from bankruptcy about a decade ago. A few years later, he paired it with once-dominant Sears.


Yet even as Eddie Lampert is poised next month to add the role of chief executive to that of chairman at retail giant Sears Holdings, he's still characterized generally as just a hedge fund guy.


This, Lampert suggested in a rare interview Tuesday, fails to acknowledge changes in the 21st century retail industry as well as the Hoffman Estates-based company he seeks to revive.






"The most successful guy in retail right now is Jeff Bezos, and he was a (Wall Street) hedge fund guy," Lampert, 50, said by phone. "I think a lot of times when people talk about merchants it's almost a nostalgic look back at the time where the world moved at a very different pace and information was very different."


Lampert has decided to succeed Lou D'Ambrosio, who is leaving to tend to a family health issue. Critics complain that this is just the latest missed opportunity to have a world-class merchandiser run the struggling company.


"So it's Eddie Lampert who's going to be there, and he's a smart guy and insightful when it comes to doing deals, but he doesn't have a track record at running a retail operation," said Evan Mann, an analyst with Gimme Credit.


Lampert argues that a new kind of sales, one that encompasses e-commerce, traditional bricks-and-mortar, mobile and more, requires a new kind of merchant.


"Trying to move the volume of products we're talking about from place to place to get it ultimately into the customer's hands, to price these items, to market these items, I think the retail business is incredibly complex," Lampert said. "But if you get it right, it's a beautiful thing."


"I'm not denying that there are still great merchants," he said. "But to operate a company of the size of Sears Holdings or Wal-Mart or Target or Home Depot or Lowe's, you need a combination of skills, and each of those skills needs to be sufficiently strong."


Lampert can make the case that he is a modern-day merchant. He still hasn't proved he's a good one. For six successive years, Sears Holdings has seen no top-line growth, due to slipping sales and store closings.


"I understand and I appreciate people looking at same-store sales as an indicator," D'Ambrosio said during the call. "I think when you look at the financial shape of the company, there's clear progress."


D'Ambrosio noted four consecutive quarters of EBITDA growth and the fact the company raised $1.8 billion of liquidity in 2012 while reducing net debt by $400 million.


Overshadowed in Monday's news of the leadership change were other glimmers of hope: Sears' domestic comparable-store sales for the nine weeks ended Dec. 29 were up 0.5 percent.


Meanwhile, the strategy of technological convergence, which included a loyalty program, has yielded a wellspring of consumer data and changed customers' relationship with the retailer. Kmart and U.S. Sears' online sales are up 20 percent.


"It's never a good time for a transition, but what I would tell you is, five years ago, we put in place a more distributed leadership structure," Lampert said. "Despite what people may have said or written, there is a difference between a chairman role and a CEO role, and I've never been in the CEO role in this company."


D'Ambrosio predicted Lampert will offer strategic continuity. But handicappers have long questioned whether the old horse had any giddy-up left in its step to catch up to and keep pace with Wal-Mart, Target and Amazon.


And not to beat a dead metaphor, but the suspicion among many all along has been that Lampert saw neither a thoroughbred nor tireless workhorse in the parent of Sears and Kmart as so many parts to be cut up, boiled down and sold off.


"I was very clear why we put these companies together and what our goals were," Lampert said. "It was really to allow both Sears and Kmart to compete in what I thought was going to be a more challenging but evolving industry. The framework which was placed upon me and the company was: 'OK, this was all about real estate. It's about selling real estate.' Then when we didn't sell real estate, it became: 'Well, they missed the opportunity in 2006, 2007 to sell the real estate.'


"I've never denied there was substantial real estate value in the company," he said. "Suffice it to say that … the most value can be created if we actually transform it."


Fortune in 2006 called Lampert "the best investor of his generation." A Forbes contributor last year ranked him No. 2 on a list of the worst CEOs, and while acknowledging Lampert was Sears Holdings' chairman and not CEO, the contributor argued that "Lampert has called the shots, he's missed every target" and that he had "destroyed Sears."


D'Ambrosio said he doesn't recognize the Lampert he sometimes sees described by critics.


"I've never worked with somebody who understands business models and how to re-imagine a business model and has a view on the way buying will change going forward better than Eddie," D'Ambrosio said.


It turns out, his image is the thing he's least interested in selling at Sears Holdings.


"I do think what we've been trying to do at the company has been very clear," Lampert said. "If people want to doubt it or put a spin on it, they're entitled to do it. We just have to perform."


philrosenthal@tribune.com


Twitter @phil_rosenthal






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Brown's Chicken killings: 20 years ago today













Brown's Chicken 1993


Seven people were found shot to death at Brown's Chicken & Pasta in Palatine on Jan. 8, 1993. Juan Luna and James Degorski were convicted and sentenced to life in prison.
(Chicago Tribune)



























































Twenty years ago today, Juan Luna and Jim Degorski entered a Brown's Chicken and Pasta restaurant in Palatine and committed one of the most awful crimes in Illinois history, killing seven people in what jurors later found to be premeditated murder.


The pair escaped justice for nearly a decade until investigators caught a break. Degorski had told an ex-girlfriend of his role in the killings, and a friend who overheard her talking about it in 2002 went to police.


Another piece of evidence was crucial to the case. Investigators had saved a discarded meal from the scene, and as DNA analysis improved, they were able to match DNA left on a chicken bone with Juan Luna's saliva. The two were arrested in May 2002.





Luna was convicted of murder in 2007, and Degorski followed two years later. Jurors spared them the death penalty, but both are serving life sentences with no possibility of parole.


Joy Ehlenfeldt, 38, daughter of slain restaurant owners Richard and Lynn Ehlenfeldt, said this year's milestone has been harder than most because her parents have been gone for more than half of her life.


She said she hoped the memory of the crime would lead to action to reduce violence in America.


"Every time (a mass shooting) happens, people say, 'This will make the difference,' " said Ehlenfeldt, now a Chicago physical therapist. "We really need to say enough is enough. I don't want the community of Palatine to have this as a black mark. It was a great place to grow up. But we need to remember that this happened, and is still happening, and we need to deal with it with greater urgency."


jkeilman@tribune.com


Twitter: @JohnKeilman 






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Saban quickly turns to challenges of 2013 season


FORT LAUDERDALE, Fla. (AP) — It didn't take long for Alabama coach Nick Saban to turn his thoughts to next season.


Maybe he let the Gatorade dry from the celebratory drenching first. Maybe.


"The team next year is 0-0," Saban said Tuesday morning. "Even though I really appreciate what this team accomplished and am very, very proud of what they accomplished, we need to prepare for the challenges of the new season very quickly with the team we have coming back. "


Apparently, the coach's 24-hour celebration rule applies mostly to players. He didn't take nearly that long to refocus after a 42-14 demolition of Notre Dame that secured a second straight BCS title and the Crimson Tide's third in four seasons. Shortly after the game, he was already talking about getting back to the office by Wednesday morning.


The 2013 team will almost certainly be regarded among the preseason favorites for a three-peat, even though three Tide stars — tailback Eddie Lacy, cornerback Dee Milliner and right tackle D.J. Fluker — could decide to skip this senior seasons and turn pro.


Saban also emphatically tried to end speculation that he might return to the NFL, where he spent two years with the Miami Dolphins before returning to the Southeastern Conference.


It was a question that really made him bristle in the 30-plus minute news conference.


"How many times do you think I've been asked to put it to rest?" Saban said. "And I've put it to rest, and you continue to ask it. So I'm going to say it today, that — you know, I think somewhere along the line you've got to choose. You learn a lot from the experiences of what you've done in the past. I came to the Miami Dolphins, what, eight years ago for the best owner, the best person that I've ever had the opportunity to work for. And in the two years that I was here, had a very, very difficult time thinking that I could impact the organization in the way that I wanted to or the way that I was able to in college, and it was very difficult for me."


He said that experience taught him that the college ranks "is where I belong, and I'm really happy and at peace with all that."


As for the players, All-America linebacker C.J. Mosley has already said he'll return. So has quarterback AJ McCarron, who will have a talented group of receivers led by freshman Amari Cooper.


"We certainly have to build the team around him," Saban said, adding that a late-game spat with center Barrett Jones showed the quarterback's competitive fire. "I've talked a lot about it's difficult to play quarterback when you don't have good players around you. I think we should have, God willing and everybody staying healthy, a pretty good receiver corps. We'll have to do some rebuilding in the offensive line. Regardless of what Eddie decides to do, we'll probably still have some pretty decent runners. But I think AJ can be a really good player, maybe the best quarterback in the country next year."


The biggest question mark is replacing three, maybe four, starters on an offensive line that paved the way.


Saban emphasized the difficulty of repeating and said he showed the players a video of NBA Hall of Famer Michael Jordan saying that the first title isn't the hardest — it's the ones after that.


That's because, Saban said, "you have to have the will to fight against yourself."


Now, the 'Bama coach has four titles, including one during his stop at LSU. Saban doesn't wear the championship rings but uses them for a different purpose.


"I just put them on the coffee table for the recruits to look at," he said, cracking up the room.


Saban has already lined up another highly rated recruiting class and already has the next wave of young talents waiting in the wings.


After all, he talked about the sign mentor Bill Belichick hung in the football building during their NFL days together: "Do your job."


Saban jokingly acknowledged that while he prepares for everything, the one thing he has never been able to anticipate is the Gatorade bath. He drew heat for a scowl after the first one, following the title game win over Texas when he got dinged in the head. Monday night's dousing went better.


"It's cold, it's sticky, but I appreciated not getting hit in the head with the bucket," Saban said. "That was an improvement."


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‘Downton,’ ‘Girls,’ ‘Idol’ and more this January






NEW YORK (AP) — Where once the post-holiday schedule was a blizzard of chilly reruns, January is aburst with premieres and finales.


Already, the much-adored British miniseries “Downton Abbey” has made its much-awaited season return Sundays on PBS.






On IFC on Fridays, the hilarious “Portlandia” is back for its third season of sketch comedy poking fun at the peculiarities of Portland, Ore., starring Fred Armisen and Carrie Brownstein.


And NBC‘s mystery melodrama “Deception” has arrived on Mondays. Meagan Good stars as a detective going undercover at the home of a rich family with whom she was once friendly, to investigate a murder within the clan.


On Tuesday, PBS’ “American Experience” begins a three-week documentary miniseries, “The Abolitionists,” spotlighting Frederick Douglass, William Lloyd Garrison, Harriet Beecher Stowe, John Brown and Angelina Grimke.


Also on Tuesday, the FX drama “Justified” is returning for its fourth season of Kentucky hill-country crime-fighting led by Deputy U.S. Marshal Raylan Givens (series star Timothy Olyphant).


On Thursday, comedic action centers at the White House with the premiere of NBC‘s “1600 Penn.” Josh Gad (“The Book of Mormon”) stars as the goofball son of the incumbent U.S. president (played by Bill Pullman) who keeps the first family in a stir, yet manages to make everything turn out all right by the final fade-out.


The Gallaghers of “Shameless” are a much different family. In this dark comedy, William H. Macy stars as the boozy single father of a brood of kids who manage their ragtag Chicago homestead in spite of Dad’s overindulgences. Also starring Emmy Rossum, it returns Jan. 13 for its third season on Showtime.


Also on Jan. 13, HBO’s comedy “Girls” returns for a second season sure to be at least as ballyhooed, discussed and argued about as the first. Lena Dunham (who also writes, produces, directs and created the series) stars as one of a quartet of twentysomething gal pals in New York.


Right after “Girls,” HBO launches the second season of “Enlightened,” an affecting comedy starring Laura Dern as a confused New Age-y activist who’s bent on changing the world.


What was Carrie Bradshaw like before Sarah Jessica Parker and “Sex and the City”? Find out on “The Carrie Diaries,” which debuts on the CW on Jan. 14. AnnaSophia Robb stars as the high-school era Carrie in this likable prequel.


“American Idol” returns on Jan. 16 on Fox. Veteran judge Randy Jackson will be joined by Mariah Carey, Nicki Minaj and Keith Urban. Ryan Seacrest, as always, is the affable host.


After five seasons, Fox’s lovably inscrutable sci-fi series “Fringe” concludes its head-scratching run on Jan. 18. Stars include Anna Torv, Joshua Jackson and John Noble.


Fox’s bloody suspense drama “The Following” premieres Jan. 21. Kevin Bacon stars as a former FBI agent drafted back into service to chase a serial murderer and his vicious disciples.


My, how Spartacus‘ army has grown! Commanding thousands of freed slaves, Spartacus is primed to bring down the entire Roman Republic as the final season begins for “Spartacus: War of the Damned,” Jan. 25 on Starz. Liam McIntyre plays the rebel leader.


The world of “Dallas” will be rocked during its second season with the death of arch-villain oilman J.R. Ewing (played, of course, by Larry Hagman, who passed away in November while the series was in production). Also starring Patrick Duffy and Linda Gray, this rebooted (so to speak) version of the long-running CBS prime-time soap returns on TNT on Jan. 28.


FX weighs in with an edgy new drama “The Americans” on Jan. 30. It stars Matthew Rhys and Keri Russell as two KGB agents posing as the heads of a normal American household in the 1980s, as they work tirelessly to bring down the U.S. on behalf of Mother Russia.


On Jan. 31, NBC unveils a new medical drama “Do No Harm.” Steve Pasquale (“Rescue Me”) stars as a neurosurgeon with a great bedside manner who inconveniently shares a body with his sociopathic alter ego.


The same night, NBC closes the book on the brilliant mockery of “30 Rock.” This Tina Fey comedy wraps seven seasons of making fun of pop culture, modern life and especially its own real-life broadcast network — which, like the rest of the TV universe, has even more midseason goodies in store come February.


___


EDITOR’S NOTE — Frazier Moore is a national television columnist for The Associated Press. He can be reached at fmoore(at)ap.org and at http://www.twitter.com/tvfrazier


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Report: Death rates from cancer still inching down


WASHINGTON (AP) — Death rates from cancer are continuing to inch down, researchers reported Monday.


Now the question is how to hold onto those gains, and do even better, even as the population gets older and fatter, both risks for developing cancer.


"There has been clear progress," said Dr. Otis Brawley of the American Cancer Society, which compiled the annual cancer report with government and cancer advocacy groups.


But bad diets, lack of physical activity and obesity together wield "incredible forces against this decline in mortality," Brawley said. He warned that over the next decade, that trio could surpass tobacco as the leading cause of cancer in the U.S.


Overall, deaths from cancer began slowly dropping in the 1990s, and Monday's report shows the trend holding. Among men, cancer death rates dropped by 1.8 percent a year between 2000 and 2009, and by 1.4 percent a year among women. The drops are thanks mostly to gains against some of the leading types — lung, colorectal, breast and prostate cancers — because of treatment advances and better screening.


The news isn't all good. Deaths still are rising for certain cancer types including liver, pancreatic and, among men, melanoma, the most serious kind of skin cancer.


Preventing cancer is better than treating it, but when it comes to new cases of cancer, the picture is more complicated.


Cancer incidence is dropping slightly among men, by just over half a percent a year, said the report published by the Journal of the National Cancer Institute. Prostate, lung and colorectal cancers all saw declines.


But for women, earlier drops have leveled off, the report found. That may be due in part to breast cancer. There were decreases in new breast cancer cases about a decade ago, as many women quit using hormone therapy after menopause. Since then, overall breast cancer incidence has plateaued, and rates have increased among black women.


Another problem area: Oral and anal cancers caused by HPV, the sexually transmitted human papillomavirus, are on the rise among both genders. HPV is better known for causing cervical cancer, and a protective vaccine is available. Government figures show just 32 percent of teen girls have received all three doses, fewer than in Canada, Britain and Australia. The vaccine was recommended for U.S. boys about a year ago.


Among children, overall cancer death rates are dropping by 1.8 percent a year, but incidence is continuing to increase by just over half a percent a year. Brawley said it's not clear why.


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