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Google filed a motion with the ITC on Tuesday, asking that two patents be withdrawn from the case.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Microsoft identified the two patents withdrawn from the ITC case as standard essential patents.

"We're pleased that Google has finally withdrawn these claims for exclusion orders (sales bans) against Microsoft, and hope that it will now withdraw similar claims pending in other jurisdictions," David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: RG3 surgery repairs damage to ACL, LCL

WASHINGTON (AP) — Robert Griffin III had surgery to repair two ligaments in his troublesome right knee Wednesday morning, said a person familiar with the situation.

The Washington Redskins quarterback had his knee repaired by orthopedist James Andrews in Florida. The doctor had already diagnosed a torn lateral collateral ligament in his right knee. The person said Andrews also found and repaired damage found in Griffin's ACL.

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.

Now comes RG3's next challenge: a race against time to get healthy before the beginning of next season.

Griffin's recovery time will take several months at least but could extend into next season, depending on the extent of the damage. The process could also be speeded up because Griffin is known as a focused, determined competitor who would be expected to take his rehab as seriously as possible.

"Thank you for your prayers and support. I love God, my family, my team, the fans, & I love this game. See you guys next season," Griffin tweeted before the surgery began.

Athletes generally need nine to 12 months to make a full recovery from a torn ACL, although Minnesota Vikings running back Adrian Peterson made a remarkable return this season about eight months after tearing an ACL — and nearly broke the NFL's single-season rushing record.

Russ Paine, a physical therapist in Houston who worked with Peterson during his rehab, said the running back's timetable for returning to competition was in fact "pretty traditional."

"What's non-traditional is him almost breaking the rushing record," Paine said in a phone interview Wednesday.

Griffin reinjured his knee at least twice in Sunday's playoff loss to the Seattle Seahawks, prompting a national debate over whether coach Mike Shanahan endangered Griffin's career by not taking the team's franchise player out of the game sooner.

The first major injury to the knee came in 2009, when Griffin tore the ACL in the third game of the season while playing for Baylor. Griffin missed the rest of the year but returned in 2010 and won the Heisman Trophy in 2011.

Griffin sprained the LCL last month when he was hit by Baltimore Ravens defensive tackle Haloti Ngata at the end of a 13-yard scramble. Griffin missed one game and returned to play three more while wearing a bulky knee brace, his mobility clearly hindered.

Then, on Sunday, Griffin hurt the knee again as he fell awkwardly while throwing a pass in the first quarter against the Seahawks. He remained in the game, with Shanahan saying he trusted Griffin's word that all was OK.

Griffin finally departed in the fourth quarter, after the knee buckled while he was trying to field a bad shotgun snap.

The No. 2 overall pick in last year's draft, Griffin was one of several rookie quarterbacks to make an instant impact on the NFL this season. He set the league record for best season passer rating by a rookie QB and led the Redskins to their first NFC East title in 13 years.

But he also had to leave three games early due to injuries — two because of his knee and one because of a concussion — and missed a fourth altogether because of the knee.

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AP Sports Writer Rachel Cohen in New York contributed to this report.

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Follow Joseph White on Twitter: http://twitter.com/JGWhiteAP

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

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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, all seniors.

Menino said Wednesday there have been about 700 confirmed cases of the flu in Boston so far this season, compared with 70 all of last season.

The Massachusetts Department of Public Health says the state is one of 29 reporting higher-than-normal rates of flu-like illnesses. The Centers for Disease Control and Prevention has warned of a harsh flu season, which usually peaks in midwinter.

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Yoda statue among features of new N. Calif. park

SAN ANSELMO, Calif. (AP) — A Northern California city has approved a new downtown park to be built on land donated by filmmaker George Lucas that will feature statues of Indiana Jones and Yoda, two of his most popular characters.

The Marin Independent Journal reports (http://bit.ly/Ws4CcS ) that the San Anselmo Planning Commission voted unanimously Monday to approve the park, which could be completed as soon as June 1.

Lucas donated land for the 8,700-square-foot park. A commercial building on the site will be demolished at Lucas' expense, and an historic fresco relocated.

A fund is being established by a community foundation to pay for ongoing maintenance and care of the park.

The park's Yoda fountain will be similar to the one located at the Letterman Digital Arts Center in San Francisco.

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Information from: Marin Independent Journal, http://www.marinij.com

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787 engineer: Dreamliner is '100% safe to fly'

Boeing Co.'s 787 Dreamliner jet suffered a third mishap in as many days on Wednesday, heightening safety concerns after a string of setbacks for the new aircraft.

Japan's All Nippon Airways said it was forced to cancel a 787 Dreamliner flight scheduled to from fly from Yamaguchi prefecture in western Japan to Tokyo due to brake problems. That followed a fuel leak on Tuesday that forced a 787 operated by Japan Airlines to cancel take-off at Boston's Logan International Airport, a day after an electrical fire on another 787 after a JAL flight to Boston from Tokyo.

Chicago-based Boeing said Wednesday it has "extreme confidence" in the Boeing 787 Dreamliner, and the plane is "100 percent safe to fly," Mike Sinnett, the chief project engineer for the 787 said during a news conference.

"Clearly there are issues," Sinnett said, adding that he won't be happy until the 787 is 100 percent reliable. However, he said, all new planes have such "teething pains," and the 787 problems are similar to incidents experienced when the Boeing 777 went into service.

"This is par for the course for any new airplane program," he said.

Asian customers rallied behind the U.S. planemaker, however, saying such teething troubles were not uncommon on new planes and confirming they had no plans to scale back or cancel orders for the aircraft, which has a list price of $207 million.

Japan is by far the biggest customer for the Dreamliner to date, with JAL and All Nippon Airways (ANA) operating a total of 24 of the 49 new planes delivered to end-December. The aircraft entered commercial service in November 2011, more than three years behind schedule after a series of production delays. Boeing has sold 848 of the planes.

JAL spokesman Kazunori Kidosaki said the carrier, which operates seven Dreamliners, had no plans to change orders it has placed for another 38 aircraft. ANA, which has 17 Dreamliners flying its colors, will also stick with its orders for another 49, spokesman Etsuya Uchiyama said.

State-owned Air India, which on Monday took delivery of the sixth of the 27 Dreamliners it has ordered, said precautionary measures were already in place and its planes were flying smoothly.

"It's a new plane, and some minor glitches do happen. It's not a cause of concern," said spokesman G. Prasada Rao. There was no immediate suggestion that the 787 Dreamliner, the world's first passenger jet built mainly from carbon-plastic lightweight materials to save fuel, was likely to be grounded as investigators looked into the fire incident.

 Air China, which sees the 787 as a way to expand its international routes, and Hainan Airlines also said they were keeping their orders for 15 and 10 of the planes.

"New airplanes more or less will need adjustments, and currently we have no plans to swap or cancel orders," said an executive at future 787 operator Hainan Airlines, who was not authorized to talk to the media and did not want to be named.

Qatar Airways Chief Executive Akbar Al Baker, who has previously criticized technical problems or delays with Boeing or Airbus jets, said there were no technical problems with the five 787s currently in use by the Gulf carrier. "It doesn't mean we are going to cancel our orders. It's a revolutionary airplane," he said.

Other carriers already flying the Dreamliner are Ethiopian Airlines, LAN Airlines, LOT Polish Airlines and United Airlines.

- Reuters contributed to this report

BA data by YCharts

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Local hospitals overwhelmed by flu

The amount of flu cases is the highest it has been in a decade. (WGN - Chicago)

Seven Chicago-area hospitals have had to send ambulances elsewhere this morning as they deal with an influx of patients with flu-like symptoms. 

As of 9:45 a.m., the hospitals remained on bypass status, which means their emergency rooms are at capacity and non-critical patients are being re-routed to other hospitals, said Melaney Arnold, spokeswoman for the Illinois Department of Public Health.

The Chicago-area hospitals included Northwestern Memorial Hospital, University of Chicago Medical Center and Swedish Covenant Hospital. Rockford Memorial Hospital was the only hospital outside of Chicago on bypass.

Arnold cautioned that number is changing hourly as hospitals go on and off bypass and shuffle around patients.

At Northwestern Memorial Hospital, which has since gone off bypass, the decision was largely driven by flu patients who did not require medical attention, said Dr. David Zich, an internal and emergency medicine physician.

"The flu in and of itself is not a reason to come to the emergency department," he said, noting an ER visit is "not necessary" unless the flu is coupled with a shortness of breath or another serious illness, such as heart disease.

Zich said going on bypass is "unusual but not extremely rare" for the hospital. He estimated it happens about 14 times a year.

The flu season — both locally and nationally — is off to its earliest and most active start in nearly a decade, health officials have said. The season typically runs from mid-December through March and peaks during the second half of January. Hospitals started seeing larger-than-expected numbers of people with the flu in early December, and officials are not sure when this season will peak.

Dr. Julie Morita, medical director for Chicago's health department, said in an email this morning that the number of flu cases in the city is still rising.

On Friday, the Centers for Disease Control and Prevention listed Illinois among 29 states experiencing "high" flu activity through the last week of 2012. As of Dec. 29, the CDC categorized the illness as "widespread" in 41 states.

From Sept. 30 to the end of 2012, nearly 100 flu sufferers spent time in intensive care units of Chicago hospitals with flu-like symptoms, according to the city's Department of Public Health. Last year, only one person had been sent to the ICU with the flu in about the same time period.

The strain of influenza largely responsible for the overnight burst of hospital visits tends to be “a little more severe than others,” Arnold said.

Arnold said anyone experiencing flu-like symptoms should first contact their health care provider or local health department.

One of those people include, Chicago Symphony Orchestra music director Riccardo Muti who has come down with a case of the flu. His illness has forced him to withdraw from this week's CSO subscription concerts at Symphony Center.

psvitek@tribune.com

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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.

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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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