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)


Internet News Headlines – Yahoo! News





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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)


Music News Headlines – Yahoo! News





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Hillary Clinton Is Discharged From Hospital After Blood Clot





Hillary Rodham Clinton, whose globe-trotting tour as secretary of state was abruptly halted last month by a series of health problems, was discharged from a New York hospital on Wednesday evening after several days of treatment for a blood clot in a vein in her head.




The news of her release was the first welcome sign in a troubling month that grounded Mrs. Clinton — preventing her from answering questions in Congress about the State Department’s handling of the lethal attack on an American mission in Libya or being present when President Obama announced Senator John Kerry as his choice for her successor when she steps down as secretary of state.


“Her medical team advised her that she is making good progress on all fronts, and they are confident she will make a full recovery,” Philippe Reines, a senior adviser to Mrs. Clinton, said in a statement.


Mrs. Clinton, 65, was admitted to NewYork-Presbyterian/Columbia hospital on Sunday after a scan discovered the blood clot. The scan was part of her follow-up care for a concussion she sustained more than two weeks earlier, when she fainted and fell, striking her head. According to the State Department, the fainting was caused by dehydration, brought on by a stomach virus. The concussion was diagnosed on Dec. 13, though the fall had occurred earlier that week.


The clot was potentially serious, blocking a vein that drains blood from the brain. Untreated, such blockages can lead to brain hemorrhages or strokes. Treatment consists mainly of blood thinners to keep the clot from enlarging and to prevent more clots from forming, and plenty of fluids to prevent dehydration, which is a major risk factor for blood clots.


Photographed leaving the hospital, Mrs. Clinton and her husband, former President Bill Clinton, and their daughter, Chelsea, appeared elated. In a Twitter post on Wednesday, Chelsea Clinton said, “Grateful my Mom discharged from the hospital & is heading home. Even more grateful her medical team confident she’ll make a full recovery.”


Dr. David J. Langer, a brain surgeon and associate professor at Hofstra North Shore-LIJ School of Medicine, said that Mrs. Clinton would need close monitoring in the next days, weeks and months to make sure her doses of blood thinners are correct and that the clot is not growing. Dr. Langer is not involved in her care.


Mrs. Clinton’s illness cuts short what would have been a victory lap for her at the State Department. With only a few weeks before the end of President Obama’s first term — the time frame she set for own departure — she will be able to do little more than say goodbye to her troops.


But she will, at least theoretically, be able to testify before the Senate and House about the attack on the American mission in Benghazi, Libya, which killed four Americans, including Ambassador J. Christopher Stevens. She was not able to appear at a hearing in December because of her illness. Republicans, who have sharply criticized the Obama administration’s handling of the attack and its aftermath, had demanded that she appear to explain the department’s role, though in recent days they have modulated their request.


Mrs. Clinton’s blood clot formed in a large vein along the side of her head, behind her right ear, between the brain and the skull. The vein, called the right transverse sinus, has a matching vessel on the left side. These veins drain blood from the brain; blockages can cause strokes or brain hemorrhages. But if only one transverse sinus is blocked, the vein on other side can usually handle the extra flow.


In one sense, Mrs. Clinton was lucky: a clot higher in this drainage system, in a vessel with no partner to take the overflow, would have been far more dangerous, according to Dr. Geoffrey T. Manley, the vice chairman of neurological surgery at the University of California, San Francisco. He is not involved in her care.


The fact that Mrs. Clinton had a blood clot in the past — in her leg, in 1998 — suggests that she may have a tendency to form clots, and may need blood-thinners long-term or even for the rest of her life, Dr. Manley said.


One major risk to people who take blood thinners is that the drugs increase bleeding, so blows to the head from falls or other accidents — like the fall that caused Mrs. Clinton’s concussion — become more dangerous, and more likely to cause a brain hemorrhage. Even so, the medication should not interfere with Mrs. Clinton’s career, Dr. Manley said.


“There are lots of people running around on anticoagulants today,” he said. “I don’t see any way it would have any long-term consequences.”


He also said there was no reason to think that this type of clot would recur; he said he had treated many patients for the same condition and had never seen one come back with it again.


Dr. Langer said the vein blocked by the clot might or might not reopen. Sometimes, he said, the clot persists and the body covers it with tissue that closes or narrows the blood vessel. As long as the vein on the other side of the head is open, there is no problem for the patient.


One thing that is unclear, and that may never be known for sure, is what caused Mrs. Clinton’s blood clot. Around the second week in December, she reportedly contracted a stomach virus that caused vomiting and dehydration, passed out, fell and struck her head. A concussion was diagnosed several days after the fall, on Dec. 13, and the public was told Sunday that she had a blood clot, though its location was not revealed until the next day.


She had several risk factors for clots, including dehydration and her previous history of a clot. In addition, women are more prone than men to this type of clot, particularly when dehydrated. The fall may also have been a factor, though it is not clear whether her head injury was serious enough to have caused a blood clot. The type of clot she had is far more likely to be associated with a skull fracture than with a concussion, several experts said.


Did overwork — frequent overseas trips, perpetual jet lag, high-pressure meetings — make her ill? Mrs. Clinton has kept up a punishing schedule since she declared her candidacy for president in 2007. Having logged more than 950,000 miles and visited 112 countries, she is one of the most-traveled secretaries of state in history. She has put on weight and in recent times appeared fatigued. But the same could be said of plenty of people who do not develop clots in their heads.


“You cannot tell me that her hard work resulted in this,” Dr. Langer said. “I can’t imagine that you could make that judgment.”


In theory, Dr. Manley said, exhaustion can weaken the immune system temporarily, and lower a person’s resistance to infections like the stomach virus that apparently started Mrs. Clinton’s problems. But in his opinion, the most important contributing factor to her blood clot was probably the head injury from her fall.


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Net worth of world's richest rose by $241B in 2012









The richest people on the planet got richer in 2012, adding $241 billion to their collective net worth, according to the Bloomberg Billionaires Index, a daily ranking of the world's 100 wealthiest individuals.

The aggregate net worth of the world's top moguls stood at $1.9 trillion at the market close on Dec. 31, according to the index. Retail and telecommunications fortunes surged about 20 percent on average during the year. Of the 100 people who appeared on the final ranking of 2012, only 16 registered a net loss for the 12-month period.

"Last year was a great one for the world's billionaires," said John Catsimatidis, the billionaire owner of Red Apple Group, in an e-mail written poolside on his BlackBerry in the Bahamas. "In -- that will give them an advantage."

Amancio Ortega, the Spaniard who founded retailer Inditex SA, was the year's biggest gainer. The 76-year-old tycoon's fortune increased $22.2 billion to $57.5 billion, according to the index, as shares of Inditex, operator of the Zara clothing chain, rose 66.7 percent.

"It's an amazing company that has done great and the gains are quite justified given its performance," said Christodoulos Chaviaras, an analyst at Barclays Plc in London who has had an "equalweight" rating on Inditex for about a year. "Can they repeat that? It will be harder. A lot of the positive news is already reflected in the share price."

Global stocks soared in 2012. The MSCI World Index gained 13.2 percent during the year to close at 1,338.50 on Dec. 31. The Standard and Poor's 500 Index rose 13.4 percent to close at 1,426.19.

European stocks surged in the second half of the year. The Stoxx Europe 600 is up 19.6 percent since June 4, advancing as the European Central Bank introduced bond-buying programs, S&P upgraded Greece's debt and German business confidence rose more than forecast. The benchmark gauge's 14.4 percent advance for the year was the best annual return since 2009.

Carlos Slim, the telecommunications magnate who controls Mexico's America Movil SAB, remained the richest person on Earth for the year. The 72-year-old's net worth rose $13.4 billion -- or 21.6 percent -- through Dec. 31, making him the second-biggest gainer by dollars.

Gains by Slim's industrial conglomerate, Grupo Carso, and Grupo Financiero Inbursa, his banking and insurance operation, more than offset the decline posted by America Movil, his biggest holding. The largest mobile phone operator in the Americas by subscribers fell 5.8 percent to close at 14.9 pesos at the end of the year.

"America Movil is no longer the growth story that it has been, given the increase in Latin American wireless penetration over the last five years," said Chris King, an analyst at Stifel Nicolaus & Co. in Baltimore, Md. "It continues to generate a very high amount of cash flow and has the best set of telecom assets across Latin America."

According to King, one of Slim's biggest challenges will be dealing with regulation in Mexico and Colombia designed to punish or even-out the market share between America Movil and its competitors. Of the 14 analysts who cover the stock, 71 percent have a buy rating on the company, with an average target price of 19.15 pesos per share, according to data compiled by Bloomberg.

U.S. software mogul Bill Gates, 57, ranks second on the list, trailing Slim by $12.5 billion. The Microsoft co-founder added $7 billion to his net worth as shares of the Redmond, Wash.-based company rose 2.9 percent. Microsoft stock accounts for less than 20 percent of the billionaire's fortune.

Warren Buffett, 82, lost his title as the world's third- richest man to Ortega Aug. 6. The Berkshire Hathaway chairman gained $5.1 billion during the year, even after donating 22.3 million Berkshire Class B shares in July to charity. The billionaire, who has pledged to give away most of his fortune, spent much of the year pressing for higher taxes on the wealthy.

"On incomes of over $1 million, the excess $1 million should have a minimum tax of 30 percent. And then over $10 million, 35 percent," Buffett said in an interview with Charlie Rose in November. "Tax law should be progressive. And I think that when people make $15 million or $20 million or $200 million and pay a 10 percent rate, something should be done about it."

IKEA founder Ingvar Kamprad, 86, is the world's fifth- richest person with a $42.9 billion fortune. The complex ownership structure behind IKEA, the world's largest furniture retailer, became more transparent in August after IKEA's franchisor published its financial performance publicly for the first time. His net worth rose 16.6 percent in 2012.

Brazil's Eike Batista, 56, was the year's biggest loser by dollars, falling $10.1 billion. The commodities maven, who vowed a year ago that he'd become the world's wealthiest man by 2015, sold a 5.63 percent stake in his EBX Group in March to Abu Dhabi's Mubadala Development.

As part of the deal, he pledged an unspecified additional stake in 2019 if he fails to meet a 5 percent annual return on the sovereign wealth fund's $2 billion investment, according to a person with knowledge of the deal. Batista now ranks 75th in the world with a $12.4 billion net worth. On March 27, he was worth $34.5 billion and ranked 8th on the Bloomberg index.

"Next year is going to be a lot of work for Eike," said Lucas Brendler, who helps manage about 6 billion reais at Banco Geracao Futuro de Investimentos in Porto Alegre, Brazil. "It's going to be a year for him to recover investors' confidence, and to leave the realm of theory and start delivering results. The EBX companies have great growth potential."

Batista's former title as the richest Brazilian is now held by 73-year-old banker Jorge Paulo Lemann, who ranks 37th with an $18.8 billion fortune. The country's second-richest person is Dirce Camargo, the matriarch behind Camargo Correa SA, the Sao Paulo-based conglomerate that has interests in cement, electricity and Havaianas flip-flops. Her net worth is $13.4 billion, according to the Bloomberg ranking.

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Chicago ends 2012 with 506 homicides, a 16 percent rise









Chicago ended 2012 with 506 homicides, according to an unofficial tally released Tuesday — the first time the city has topped 500 since 2008, and a 16 percent increase over 2011.


While police officials were counting up the homicide toll from a difficult year, the family members of one of the last Chicago homicide victims of 2012 were remembering him as a caring family man and rapper, and thanking police for making an arrest.


Christopher Thomas, 28, was in a local business in the 200 block of East 51st Street in the Washington Park neighborhood on the South Side about 5 p.m. Sunday when Yecary Harris approached him and exchanged words with him, according to Cook County Assistant State's Attorney Terri Gleason.





The men then walked out of the business and two witnesses said they heard a gunshot and turned to see Harris shooting Thomas repeatedly, Gleason said.


"He looked out for his family," said the victim's sister, Chrystal Kyles, who believed the killing was a case of mistaken identity.


Crime experts caution not to read too much into year-to-year increases in homicides, especially since 2011's and 2010's 435 homicides were the lowest the city had seen in more than 40 years. But Chicago's tally in 2012 was the highest since 2008 and the second-highest since 2003.


Although it's difficult to pinpoint a single cause for last year's increase, statistics show the biggest spike came in the early part of 2012. Experts and some law enforcement sources believe the unseasonable warmth that hit Chicago during that period contributed to a homicide tally that, through early April, was 66 percent higher than it had been at that point in 2011.


The city was hit especially hard in March — the warmest March on record in Chicago — when it logged 53 homicides, up from 23 in March 2011.


Some law enforcement sources have also said the disbanding of two specialized units that swooped into "hot spots" to reduce violent crime may have contributed to the increase. Since police Superintendent Garry McCarthy was installed in May 2011 as the city's top cop, he's eliminated those strike forces, whose success relied on swarming streets, intimidating and harassing gang members, and clamping down on any violence in the neighborhoods they targeted.


But McCarthy decided last year to move those roughly 450 officers to beat patrols with the hopes they would have more meaningful and positive interactions with the community. He's replaced the strike forces with "area teams" to be used for saturation missions that are smaller than the old units but can be deployed by commanders closer to problem spots.


For his part, McCarthy has said the proliferation of guns on Chicago's streets and the division of gangs into smaller factions are to blame for the homicide surge.


Many within the department and the police union have argued that more cops are needed on the street to combat gun violence.


After the fatal shooting of Christopher Thomas on Sunday, suspect Yecary Harris, ran to a nearby car and got in the passenger side, police said. Witnesses directed responding police after the vehicle, which went north at high speed on the Dan Ryan Expressway, then exited at 43rd Street and hit a car before stopping.


The men were taken into custody at 43rd and Indiana Avenue as they tried to run away, police said, and investigators recovered a weapon.


Harris, 30, of the 8300 block of South Anthony Avenue, was charged with murder, and the driver, Rodney Harris, 31, of the 900 block of W. 76th St., was charged with aggravated fleeing and was cited for failing to stop at a stop sign and driving on a suspended license, police said.


Yecary Harris, who has prior convictions for possession of a firearm and aggravated kidnapping of a child, was ordered held without bond Tuesday, and Rodney Harris, who has five prior felony convictions, Gleason said, was ordered held on $400,000 bond.


Thomas, of the 5100 block of South King Drive, was a family man who had spent Christmas with his 9-year-old daughter and had bought her earrings, relatives said.


"He had three sisters and he was always making sure we were OK," said sister Chrystal Kyles.


She said that when the shooting occurred, her brother, a local rapper, was just stopping to get something to eat on his way to a recording studio.


"It's terrible that these shootings are continuing to happen," she said. "We're fortunate because at least someone was charged and justice will be served. We're grateful for how the police handled the situation."


Tribune reporter Liam Ford contributed.


jgorner@tribune.com


rmccoppin@tribune.com





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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.


Entertainment News Headlines – Yahoo! News





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Drug Makers Losing a Bid to Foil Generic Painkillers





Public officials have long urged makers of powerful painkillers to do more to make the medications harder to crush and abuse. But now that some companies have done so, they want something in return — a ban on generic versions of the drugs they make that do not have such tamper-resistant designs. 







Stuart Isett for The New York Times

Purdue Pharma’s OxyContin







Purdue Pharma LP

Tablets of OxyContin have been made more resistant to abuse. At left, a tablet crushed into powder. Right, a reformulated tablet does not easily turn into powder when it is crushed.






In coming months, generic drug producers are expected to introduce cheaper versions of OxyContin and Opana, two long-acting narcotic painkillers, or opioids, that are widely abused.


But in hopes of delaying the move to generics, the makers of the brand name drugs, Purdue Pharma and Endo Pharmaceuticals, have introduced versions that are more resistant to crushing or melting, techniques abusers use to release the pills’ narcotic payloads.


The two drug makers, which say they are motivated not by profit but by public safety, have also been waging a multifront political and legal war to block sales of generics that are not tamper-resistant.


The companies argue that the older designs will feed street demand for strong painkillers, drugs that are involved in more than 15,000 overdose-related deaths a year. While some experts say the new tamper-resistant products are not a cure-all for the abuse problem, others say they represent an important step forward.


“I think it would be a shame if the government would allow generics to come in without any tamper-resistant properties,” said Dr. Lynn R. Webster, a specialist in Salt Lake City who has consulted with companies developing such safeguards. Over the last year, Purdue Pharma and Endo have backed legislation in Congress that would require many opioids to be tamper-resistant, and lobbied in favor of similar state laws.


They have also urged the Food and Drug Administration to give their tamper-resistant designs a stamp of safety approval that other manufacturers would have to match. The agency does not currently differentiate between drugs that have abuse-resistant qualities and those that do not.


Thus far, the companies’ efforts have failed. In mid-December, a federal judge threw out a lawsuit by Endo that would have blocked the F.D.A. from allowing generic versions of its drug, Opana, to go on sale in January. A recent effort by some doctors and local officials in Canada to deter sales of generic versions of OxyContin there fell flat. While companies like Purdue Pharma insist the public’s health is their main concern, others note that producers introduced tamper-resistant versions of their products just as the drugs were about to lose patent protection. In court papers filed in response to Endo’s lawsuit, the F.D.A. described the company’s action as a “thinly veiled attempt to maintain its market share and block generic competition.”


An F.D.A. official, Dr. Douglas C. Throckmorton, said the agency expected to issue guidance this month that would lay out the types of scientific data that drug producers would have to submit to support a claim that an opioid’s design or formulation helped to deter its abuse.


Companies are developing a variety of methods to do that. The new OxyContin pill turns into a gummy mass when an abuser crushes it, and the Opana pill is designed to break into large pieces when manipulated. Other methods include pills that contain a second drug reversing the opioid’s narcotic effects if taken inappropriately.


“We understand the value in developing appropriate abuse-resistant technology and we want to find a way of incentivizing that,” said Dr. Throckmorton, the F.D.A.’s deputy director for regulatory programs. “But we also understand the value of generics for patients.”


A study published in 2012 in a medical journal, The Journal of Pain, found that the percentage of people treated at drug-abuse clinics who reported abusing OxyContin fell significantly since the introduction of the tamper-resistant version.


Some of those abusers said they had switched to other long-acting opioids that were easier to abuse like Opana — before its reformulation — or to illicit drugs like heroin, according to the study, which was financed by Purdue Pharma.


But the generic versions of OxyContin and Opana are expected to be significantly cheaper than the tamper-resistant versions of those drugs. At time of introduction in late 2010, the price of the new version of OxyContin was about $6 per 40 milligram tablet, the same then as the price that was not tamper-resistant. Since then, the price of the new version has risen to about $6.80 for that strength tablet. Opana costs about the same amount for a pill of the same pain-killing strength.


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Tough decisions await new Tribune Co. board









When the new seven-member Tribune Co. board officially convenes for the first time in the next few weeks, the group of media and entertainment executives will name the company's executive officers. Then comes the bigger job of assessing a diverse portfolio of broadcasting and publishing assets, with an eye toward maximizing the value of the Chicago-based media company.


Whether that means buying, selling or keeping the company intact is a story that will begin to unfold in 2013. But insiders say the new owners — senior creditors Oaktree Capital Management; Angelo, Gordon & Co.; and JPMorgan Chase & Co. — won't be in a rush to make those decisions after a contentious four-year journey through Chapter 11 bankruptcy left the reorganized company in strong financial shape.


"We're really looking forward to the opportunities and the possibilities with this asset base, with over $11 billion in debt removed from the balance sheet," said Ken Liang, a managing director at Oaktree and a member of the new board.








Tribune Co. plunged into bankruptcy in December 2008, saddled with $13 billion in debt from real estate investor Sam Zell's heavily leveraged buyout one year earlier. It emerged from bankruptcy Monday, relatively debt-free and generating cash.


The company owns 23 television stations, including WGN-Ch. 9; national cable channel WGN America; eight daily newspapers, including the Chicago Tribune; and other media assets, all of which the reorganization plan valued at $4.5 billion after cash distributions and new financing.


Tribune Co.'s biggest challenge has been declining revenue and cash flow as the advertisers that sustained it through the years defected to digital media alternatives. But 2012 was a slight improvement, likely boosted in part by election year ad spending in the company's broadcasting unit.


Data released Monday by the company showed that after several years of revenue declines, including a 3 percent drop to $3.1 billion in 2011, sales for the first three quarters of 2012 were flat at $2.3 billion compared with the same period a year earlier. Cash flow was even better: After dropping 12 percent in 2011 to about $370 million, cash flow increased 17 percent during the first three quarters of 2012, to $240 million.


Los Angeles-based investment firm Oaktree is the largest equity owner, with 23 percent of the company. All of Oaktree's distressed-debt holdings have a 10-year investment window, though the average is three or four years, executives said. That time frame usually includes an operating phase, which is where Tribune Co. now stands.


Some experts expect that phase to be relatively brief.


"I think they are temporary owners," said Marshall Sonenshine, chairman of New York banking firm Sonenshine Partners and a professor at Columbia University Business School. "They're not really there to be long-term shareholders of media assets."


While eventually selling the assets is part of Oaktree's distressed-debt investment strategy, it doesn't preclude a longer run, including strengthening the company through strategic acquisitions, Liang said. And with Tribune Co.'s balance sheet cleaned up, the timing of any asset sales will be at their discretion.


The new board also includes Tribune Co. CEO Eddy Hartenstein; Ross Levinsohn, who recently left as interim chief executive of Yahoo Inc.; Craig Jacobson, an entertainment lawyer; Peter Murphy, a former strategy executive at Walt Disney Co. and Caesars Entertainment; Bruce Karsh, Oaktree's president; and Peter Liguori, a former top television executive at Fox and Discovery, who is expected to be named CEO of Tribune Co.


The makeup of the board and the expected choice of Liguori as CEO suggests that broadcasting will be the operational focus for Tribune Co., according to insiders and media analysts. Priorities are expected to include developing WGN America, which lags cable networks such as FX and TBS in revenue, ratings and cash flow, analysts said.


"It's clear that, in a sense, we have a new Tribune media company, and it's going in a direction that many people thought it would be going," said media analyst Ken Doctor. "It makes the company entertainment leaning versus news leaning."


Meanwhile, in the face of digital competition and sagging industry revenue, Tribune Co.'s newspaper holdings have declined to $623 million in total value, according to financial adviser Lazard. While some analysts expect the newspapers to be bundled and delivered to an assortment of potential new owners — everyone from Rupert Murdoch to Warren Buffett has expressed interest in acquiring one or more of the nameplates — they are still profitable and may remain in the Tribune Co. fold for some time, according to insiders.


Tribune reporters Michael Oneal and Becky Yerak contributed.


rchannick@tribune.com


Twitter @RobertChannick





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Weak offense costs Lovie Smith his job as Bears coach









It is not often NFL teams fire head coaches after 10-win seasons, but it is even rarer for coaches to retain their jobs after failing to reach the playoffs five times in six years.

So it was not surprising Monday morning when the Bears fired Lovie Smith less than 24 hours after his team defeated the Lions to finish 10-6 but still missed the postseason, becoming just the second team since the 12-team playoff format was established in 1990 to miss the playoffs after a 7-1 start.

The epitaph for Smith's tenure as coach of the Bears could read, "He couldn't fix the offense."

Smith spoke to his team in a brief but emotional meeting, and many players, fiercely loyal to Smith, were hurt. Some were angry. Smith was 81-63 in the regular season with three NFC North titles, four 10-win seasons, a 3-3 playoff record and one Super Bowl trip. Only George Halas and Mike Ditka won more games as coach for the NFL cornerstone franchise.

"It's a tough situation to be in to see a great man and a great coach have to stand in front of the room and do that," center Roberto Garza said. "But this is the NFL. It happens. Unfortunately, we forced that situation."

Smith has one year remaining on his contract at $5 million. His staff remains under contract through 2013 and multiple assistants said they have not been released from their deals, although all or nearly all or expected to depart.

General manager Phil Emery will speak publicly about the move at 10 a.m. Tuesday, and NFL sources confirmed the team has scheduled interviews with Broncos offensive coordinator Mike McCoy and Falcons special teams coordinator Keith Armstrong, who held the same role for the Bears from 1997-2000.

Armstrong, who is expected to interview Tuesday, is African-American and the Bears must interview at least one minority candidate to satisfy the league's Rooney Rule. He also has interviews scheduled with the Eagles and Chiefs.

Buccaneers offensive coordinator Mike Sullivan is expected to interview with the Bears on Wednesday.

Surely, Emery's vision includes a dramatically reshaped offense. For all the good things Smith did in his nine years in Chicago, his undoing was his inability to take care of the side of the ball in which he had no background.

Since Smith took over in 2004, the Bears have ranked higher than 23rd in offense only once. They have ranked 28th or lower four times and finished 28th in 2012.

Smith tried four offensive coordinators during his Bears career. Smith's first thought was to run a similar offense to the one he was familiar with when he was defensive coordinator of the Rams, so he hired Terry Shea, despite not having worked with him. It was an unmitigated disaster. The Bears finished last in the league in offense behind quarterbacks Chad Hutchinson, Craig Krenzel, Jonathan Quinn and Rex Grossman, and Shea was dismissed after one season.

Smith then turned to Ron Turner for his second stint as Bears offensive coordinator, although some insist that the Smith-Turner pairing was an arranged marriage. Turner lasted five years in what was the heyday for the Bears offense under Smith.

Those days Smith talked frequently about how the Bears "get off the bus running," and the team achieved its offensive identity by pounding the ball with Thomas Jones, then Cedric Benson and finally Matt Forte.

But after the Bears traded two first-round draft picks and a third-rounder for Jay Cutler in 2009 and still finished 23rd in offense and missed the playoffs, Turner was made the scapegoat and fired.

An extensive job search led the Bears back to Smith's old friend Mike Martz, for whom he had worked in St. Louis. Going from the conservative Turner to the aggressive Martz was quite a philosophical shift for Smith.

Martz's offense sputtered in 2010 even as the team reached the NFC championship game but started to flourish the next season. Then Cutler broke his thumb in the 10th game and the team unraveled. The Bears lost five straight, and Martz was fired along with general manager Jerry Angelo, the man who brought Smith to Chicago.

Team President Ted Phillips mandated that Emery work with Smith for at least 2012, lauding the coach for his consistency. Speculation is the Bears chose not to fire Smith because he had two years remaining on his contract.

Smith's next move was to go conservative again, this time by promoting offensive line coach Mike Tice. A first-time play caller, Tice made great use of new acquisition Brandon Marshall but struggled to find other reliable targets or to overcome protection issues.

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Is Tom Cruise still a go-to action hero? Hollywood, “Jack Reacher” say yes






LOS ANGELES (TheWrap.com) – Given his age and the tough year he’s had in the tabloids, is Tom Cruise still a go-to guy when Hollywood is looking for an action hero?


The answer is yes, based on the performance of his current movie, Paramount‘s “Jack Reacher.” It’s taken in $ 45 million in the 10 days since opening with $ 15.6 million in a very crowded and competitive holiday market. Its second week was a solid $ 14 million, and it’s added $ 22 million from overseas.






Holiday movies tend to have legs and “Reacher” has yet to roll out in the majority of major foreign territories, so both of those numbers, particularly the international, will be growing. All signs point to it surpassing $ 200 million at the worldwide box office. That’s not a blockbuster figure, and Paramount is staying mum on a sequel, but with a $ 60 million budget, “Jack Reacher” will make money for Paramount.


There were questions coming in. With his divorce from Katie Holmes and subsequent custody battle, Cruise is carrying plenty of public relations baggage. His foray earlier this year into musicals with “Rock of Ages” was critically applauded but proved a box-office dud. That’s on top of his well-known support for Scientology.


He’s 50 now, which might be the new 40 in the real world, but is starting to get on in years in the realm of action heroes. Daniel Craig is 44. Jeremy Renner is 41. We are a long way from “Top Gun” – that was 1986 – so it probably won’t be too, too long until “The Expendables” franchise comes calling for Cruise.


But in the meantime, “Reacher” is going to be profitable for Paramount and Cruise’s portrayal of the tough, ex-military drifter has drawn critical kudos, so there’s a bit of momentum now. And it’s clear from his upcoming schedule that Hollywood is still convinced he can carry an action film.


Next for Cruise will be two sci-fi movies: Universal’s “Oblivion” is due in April and “All You Need is Kill” is set for March 2014 from Warner Bros. After that, there’s a potential “Van Helsing” remake at Universal and “Mission: Impossible 5″ is on Paramount‘s 2015 slate.


His recent track record at the box office, particularly when you look at his performance in the action genre, suggests the studios are making a pretty good bet.


“Rock of Ages” may have crumpled, but “Mission: Impossible – Ghost Protocol” was a huge hit for Paramount, taking in nearly $ 700 million worldwide in 2011. “Knight & Day,” from Fox in 2010, and “Valkyrie,” from United Artists in 2008, both made over $ 200 million worldwide.


Supporting roles in “Tropic Thunder” and “Lions for Lambs” preceded those, but those came on the heels of two Paramount movies: “Mission Impossible 3,” which made nearly $ 400 million worldwide in 2006, and “War of the Worlds,” which did $ 592 million in the previous year.


The bottom line: Hollywood is still convinced you can still take Tom Cruise, movie action hero, to the bank.


Movies News Headlines – Yahoo! News





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