DA investigating Texas' troubled $3B cancer agency

AUSTIN, Texas (AP) — Turmoil surrounding an unprecedented $3 billion cancer-fighting effort in Texas worsened Tuesday when its executive director offered his resignation and the state's chief public corruption prosecutor announced an investigation into the beleaguered agency.

No specific criminal allegations are driving the latest probe into the Cancer Prevention and Research Institute of Texas, said Gregg Cox, director of the Travis County district attorney's public integrity unit. But his influential office opened a case only weeks after the embattled agency disclosed that an $11 million grant to a private company bypassed review.

That award is the latest trouble in a tumultuous year for CPRIT, which controls the nation's second-largest pot of cancer research dollars. Amid the mounting problems, the agency announced Tuesday that Executive Director Bill Gimson had submitted his letter of resignation.

"Unfortunately, I have also been placed in a situation where I feel I can no longer be effective," Gimson wrote in a letter dated Monday.

Gimson said the troubles have resulted in "wasted efforts expended in low value activities" at the agency, instead of a focused fight against cancer. Gimson offered to stay on until January, and the agency's board must still approve his request to step down.

His departure would complete a remarkable house-cleaning at CPRIT in a span of just eight months. It began in May, when Dr. Alfred Gilman resigned as chief science officer in protest over a different grant that the Nobel laureate wanted approved by a panel of scientists. He warned it would be "the bomb that destroys CPRIT."

Gilman was followed by Chief Commercialization Officer Jerry Cobbs, whose resignation in November came after an internal audit showed Cobbs included an $11 million proposal in a funding slate without a required outside review of the project's merits. The lucrative grant was given to Dallas-based Peloton Therapeutics, a biomedical startup.

Gimson chalked up Peloton's award to an honest mistake and has said that, to his knowledge, no one associated with CPRIT stood to benefit financially from the company receiving the taxpayer funds. That hasn't satisfied some members of the agency's governing board, who called last week for more assurances that no one personally profited.

Cox said he has been following the agency's problems and his office received a number of concerned phone calls. His department in Austin is charged with prosecuting crimes related to government officials; his most famous cases include winning a conviction against former U.S. House Majority Leader Tom DeLay in 2010 on money laundering charges.

"We have to gather the facts and figure what, if any, crime occurred so that (the investigation) can be focused more," Cox said.

Gimson's resignation letter was dated the same day the Texas attorney general's office also announced its investigation of the agency. Cox said his department would work cooperatively with state investigators, but he made clear the probes would be separate.

Peloton's award marks the second time this year that a lucrative taxpayer-funded grant authorized by CPRIT instigated backlash and raised questions about oversight. The first involved the $20 million grant to M.D. Anderson Cancer Center in Houston that Gilman described as a thin proposal that should have first been scrutinized by an outside panel of scientific peer-reviewers, even though none was required under the agency's rules.

Dozens of the nation's top scientists agreed. They resigned en masse from the agency's peer-review panels along with Gilman. Some accused the agency of "hucksterism" and charting a politically-driven path that was putting commercial product-development above science.

The latest shake-up at CPRIT caught Gilman's successor off-guard. Dr. Margaret Kripke, who was introduced to reporters Tuesday, acknowledged that she wasn't even sure who she would be answering to now that Gimson was stepping down. She said that although she wasn't with the agency when her predecessor announced his resignation, she was aware of the concerns and allegations.

"I don't think people would resign frivolously, so there must be some substance to those concerns," Kripke said.

Kripke also acknowledged the challenge of restocking the peer-review panels after the agency's credibility was so publicly smeared by some of the country's top scientists. She said she took the job because she felt the agency's mission and potential was too important to lose.

Only the National Institutes of Health doles out more cancer research dollars than CPRIT, which has awarded more than $700 million so far.

Gov. Rick Perry told reporters in Houston on Tuesday that he wasn't previously aware of the resignation but said Gimson's decision to step down was his own.

Joining the mounting criticism of CPRIT is the woman credited with brainstorming the idea for the agency in the first place. Cathy Bonner, who served under former Texas Gov. Ann Richards, teamed with cancer survivor Lance Armstrong in selling Texas voters in 2007 on a constitutional amendment to create an unprecedented state-run effort to finance a war on disease.

Now Bonner says politics have sullied an agency that she said was built to fund research, not subsidize private companies.

"There appears to be a cover-up going on," Bonner said.

Peloton has declined comment about its award and has referred questions to CPRIT. The agency has said the company wasn't aware that its application was never scrutinized by an outside panel, as required under agency rules.

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Follow Paul J. Weber on Twitter: www.twitter.com/pauljweber

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Gunman, 2 others dead in Oregon mall shooting

PORTLAND, Ore. (AP) — Police say the man who opened fire in a suburban Portland shopping mall apparently killed himself after fatally shooting two people and wounding a third.

Clackamas County sheriff's Lt. James Rhodes says law enforcement who flooded the Clackamas Town Center in response to the afternoon shooting didn't fire any shots.

Witnesses described a scene of chaos and disbelief as a gunman wearing some sort of camouflage outfit and a white mask shot an initial burst of fire and then more rounds near the mall's food court.

Many shoppers fled and others hid in the backrooms of stores.

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Australian DJs apologize for royal hoax call

SYDNEY (AP) — They say they expected a hang-up and a few laughs. Instead, the Australian DJs behind a hoax phone call to the London hospital where the pregnant Duchess of Cambridge was being treated were deeply apologetic Monday as they described how their joke ended up going too far.

The phone call — in which they impersonated Queen Elizabeth II and Prince Charles — went through, and their station broadcast and even trumpeted the confidential information received. Whatever pride there had been over the hoax was obliterated by worldwide public outrage after Friday's death of Jacintha Saldanha, the first nurse they talked to.

"There's not a minute that goes by that we don't think about her family and what they must be going through," 2DayFM radio host Mel Greig told Australia's "A Current Affair," her voice shaking. "And the thought that we may have played a part in that is gut-wrenching."

Police have not disclosed the cause of Saldanha's death, but many have assumed it was related to the stress from the call. An autopsy is being held Tuesday.

Prime Minister David Cameron said at a luncheon Monday that "the suicide of this nurse, who worked incredibly hard and obviously was incredibly dedicated ... is an absolute tragedy."

His office later said Cameron's comment was not an official acknowledgment that the death was a suicide.

Greig and co-host Michael Christian spoke publicly about the prank for the first time in the televised interview. Another interview on rival show "Today Tonight" also aired Monday.

The hoax has sparked broad outrage, with the hosts receiving death threats and demands they be fired.

The radio station's owner said Greig and Christian were receiving psychological counseling to deal with the tragedy. A British lawmaker said he wished that much was being done for Saldanha's grieving family.

"They are devastated by what has happened," said Labour legislator Keith Vaz, who has visited Saldanha's husband and two children at their home in Bristol, southwest England.

"They want the facts to be established so that they can effectively grieve," Vaz said. "What is needed, clearly, is an inquiry by the hospital into how this tragic case happened."

Both DJs apologized for the hoax and cried when asked about the moment they learned that the Saldanha was dead. But neither described having reservations before the hoax tape was broadcast; they said higher-ups at the station had made the decision to air it.

"We didn't have that discussion," Greig said.

Southern Cross Austereo, the parent company of 2DayFM, released a statement Monday saying that Greig and Christian's show had been terminated and there would be a company-wide suspension of prank calls. The DJs themselves remain suspended.

Saldanha, 46, had transferred their call last week to a fellow nurse caring for the duchess, who was being treated for acute morning sickness at King Edward VII Hospital in London. That nurse said the former Kate Middleton "hasn't had any retching with me and she's been sleeping on and off."

Three days later, Saldanha was found dead at the hospital's nurses' accommodation.

The DJs said when the idea for the call came up in a team meeting, no one expected that they would actually be put through to the duchess' ward.

"We just assumed we'd get cut off at every single point and that'd be it," Christian said.

"The joke 100 percent was on us," he said. "The idea was never, 'Let's call up and get through to Kate,' or 'Let's speak to a nurse.' The joke was our accents are horrible, they don't sound anything like who they're intended to be."

Southern Cross Austereo CEO Rhys Holleran has called Saldanha's death a tragedy but defended the prank as a standard part of radio culture. He has also insisted the station had not broken any laws. He told Fairfax Radio on Monday that his station had tried at least five times to contact the London hospital to discuss the prank before it aired, but never succeeded.

When asked why the company made the attempts, Holleran replied "because we did want to speak with them about it." When pressed as to whether this meant the station had reservations about the pre-recorded prank, Holleran said only, "I think that that's a process that we follow and we have checks and balances on all those things."

The King Edward VII Hospital denied that its management had been contacted by the radio station.

"Following the hoax call, the radio station did not speak to anyone in the hospital's senior management or anyone at the company that handles our media inquiries," the hospital said in a statement.

It also announced a memorial fund to help support the nurse's family, with the hospital making the first donation.

Saldanha's children and husband, Ben Barboza, on Monday visited the hospital, which said it was offering assistance to the family.

Barboza expressed his sadness on his Facebook page with a short note "Obituary Jacintha."

"I am devastated with the tragic loss of my beloved wife Jacintha in tragic circumstances," he wrote. He said she will be laid to rest in Shirva, India.

Meanwhile, there were indications that the Duchess of Cambridge still struggled with acute morning sickness over the weekend when her husband, Prince William, cancelled a Sunday night engagement.

Palace officials said no final decision had been made on whether Kate would attend Wednesday's British premiere of "The Hobbit," where she and William are to be the guests of honor.

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Associated Press writers Jill Lawless, Gregory Katz and Danica Kirka in London contributed to this report.

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'Skyfall' launches back to top spot with $10.8M

LOS ANGELES (AP) — The James Bond blockbuster "Skyfall" has risen back to the No. 1 spot at the weekend box office, taking in $10.8 million.

That brought its domestic total to $261.4 million and its worldwide haul to a franchise record of $918 million.

The top 20 movies at U.S. and Canadian theaters Friday through Sunday, followed by distribution studio, gross, number of theater locations, average receipts per location, total gross and number of weeks in release, as compiled Monday by Hollywood.com are:

1. "Skyfall," Sony, $10,780,201, 3,401 locations, $3,170 average, $261,400,281, five weeks.

2. "Rise of the Guardians," Paramount, $10,400,618, 3,639 locations, $2,858 average, $61,774,192, three weeks.

3. "The Twilight Saga: Breaking Dawn — Part 2," Summit, $9,156,265, 3,646 locations, $2,511 average, $268,691,029, four weeks.

4. "Lincoln," $8,916,813, 2,014 locations, $4,427 average, $97,137,447, five weeks.

5. "Life of Pi," Fox, $8,330,764, 2,946 locations, $2,828 average, $60,948,293, three weeks.

6. "Playing For Keeps," FilmDistrict, $5,750,288, 2,837 locations, $2,027 average, $5,750,288, one week.

7. "Wreck-It Ralph," Disney, $4,859,368, 2,746 locations, $1,770 average, $164,402,934, six weeks.

8. "Red Dawn," FilmDistrict, $4,236,105, 2,754 locations, $1,538 average, $37,240,920, three weeks.

9. "Flight," Paramount, $3,130,305, 2,431 locations, $1,288 average, $86,202,541, six weeks.

10. "Killing Them Softly," Weinstein Co., $2,806,901, 2,424 locations, $1,158 average, $11,830,638, two weeks.

11. "Silver Linings Playbook," Weinstein Co., $2,171,665, 371 locations, $5,854 average, $13,964,405, four weeks.

12. "Anna Karenina," Focus, $1,544,859, 422 locations, $3,661 average, $6,603,042, four weeks.

13. "The Collection," LD Entertainment, $1,487,655, 1,403 locations, $1,060 average, $5,455,328, two weeks.

14. "Argo," Warner Bros., $1,482,346, 944 locations, $1,570 average, $103,160,015, nine weeks.

15. "End of Watch," Open Road Films, $751,623, 1,259 locations, $597 average, $39,989,766, 12 weeks.

16. "Hitchcock," Fox Searchlight, $712,544, 181 locations, $3,937 average, $1,661,670, three weeks.

17. "Talaash," Reliance Big Pictures, $449,195, 161 locations, $2,790 average, $2,397,909, two weeks.

18. "Taken 2," Fox, $387,227, 430 locations, $901 average, $137,700,304, 10 weeks.

19. "Pitch Perfect," Universal, $305,765, 387 locations, $790 average, $63,517,408, 11 weeks.

20. "The Sessions," Fox, $218,973, 197 locations, $1,112 average, $4,948,342, eight weeks.

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Online:

http://www.hollywood.com

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Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.

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Surprise: New insurance fee in health overhaul law

WASHINGTON (AP) — Your medical plan is facing an unexpected expense, so you probably are, too. It's a new, $63-per-head fee to cushion the cost of covering people with pre-existing conditions under President Barack Obama's health care overhaul.

The charge, buried in a recent regulation, works out to tens of millions of dollars for the largest companies, employers say. Most of that is likely to be passed on to workers.

Employee benefits lawyer Chantel Sheaks calls it a "sleeper issue" with significant financial consequences, particularly for large employers.

"Especially at a time when we are facing economic uncertainty, (companies will) be hit with a multi-million dollar assessment without getting anything back for it," said Sheaks, a principal at Buck Consultants, a Xerox subsidiary.

Based on figures provided in the regulation, employer and individual health plans covering an estimated 190 million Americans could owe the per-person fee.

The Obama administration says it is a temporary assessment levied for three years starting in 2014, designed to raise $25 billion. It starts at $63 and then declines.

Most of the money will go into a fund administered by the Health and Human Services Department. It will be used to cushion health insurance companies from the initial hard-to-predict costs of covering uninsured people with medical problems. Under the law, insurers will be forbidden from turning away the sick as of Jan. 1, 2014.

The program "is intended to help millions of Americans purchase affordable health insurance, reduce unreimbursed usage of hospital and other medical facilities by the uninsured and thereby lower medical expenses and premiums for all," the Obama administration says in the regulation. An accompanying media fact sheet issued Nov. 30 referred to "contributions" without detailing the total cost and scope of the program.

Of the total pot, $5 billion will go directly to the U.S. Treasury, apparently to offset the cost of shoring up employer-sponsored coverage for early retirees.

The $25 billion fee is part of a bigger package of taxes and fees to finance Obama's expansion of coverage to the uninsured. It all comes to about $700 billion over 10 years, and includes higher Medicare taxes effective this Jan. 1 on individuals making more than $200,000 per year or couples making more than $250,000. People above those threshold amounts also face an additional 3.8 percent tax on their investment income.

But the insurance fee had been overlooked as employers focused on other costs in the law, including fines for medium and large firms that don't provide coverage.

"This kind of came out of the blue and was a surprisingly large amount," said Gretchen Young, senior vice president for health policy at the ERISA Industry Committee, a group that represents large employers on benefits issues.

Word started getting out in the spring, said Young, but hard cost estimates surfaced only recently with the new regulation. It set the per capita rate at $5.25 per month, which works out to $63 a year.

America's Health Insurance Plans, the major industry trade group for health insurers, says the fund is an important program that will help stabilize the market and mitigate cost increases for consumers as the changes in Obama's law take effect.

But employers already offering coverage to their workers don't see why they have to pony up for the stabilization fund, which mainly helps the individual insurance market. The redistribution puts the biggest companies on the hook for tens of millions of dollars.

"It just adds on to everything else that is expected to increase health care costs," said economist Paul Fronstin of the nonprofit Employee Benefit Research Institute.

The fee will be assessed on all "major medical" insurance plans, including those provided by employers and those purchased individually by consumers. Large employers will owe the fee directly. That's because major companies usually pay upfront for most of the health care costs of their employees. It may not be apparent to workers, but the insurance company they deal with is basically an agent administering the plan for their employer.

The fee will total $12 billion in 2014, $8 billion in 2015 and $5 billion in 2016. That means the per-head assessment would be smaller each year, around $40 in 2015 instead of $63.

It will phase out completely in 2017 — unless Congress, with lawmakers searching everywhere for revenue to reduce federal deficits — decides to extend it.

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Argentine mom rescues hundreds of sex slaves in search for daughter

LA PLATA, Argentina (AP) — Susana Trimarco was a housewife who fussed over her family and paid scant attention to the news until her daughter left for a doctor's appointment and never came back.

After getting little help from police, Trimarco launched her own investigation into a tip that the 23-year-old was abducted and forced into sex slavery. Soon, Trimarco was visiting brothels seeking clues about her daughter and the search took an additional goal: rescuing sex slaves and helping them start new lives.

What began as a one-woman campaign a decade ago developed into a movement and Trimarco today is a hero to hundreds of women she's rescued from Argentine prostitution rings. She's been honored with the "Women of Courage" award by the U.S. State Department and was nominated for the Nobel Peace Prize on Nov. 28. Sunday night, President Cristina Fernandez gave her a human rights award before hundreds of thousands of people in the Plaza de Mayo.

But years of exploring the decadent criminal underground haven't led Trimarco to her daughter, Maria de los Angeles "Marita" Veron, who was 23 in 2002 when she disappeared from their hometown in provincial Tucuman, leaving behind her own 3-year-old daughter Micaela.

"I live for this," the 58-year-old Trimarco told The Associated Press of her ongoing quest. "I have no other life, and the truth is, it is a very sad, very grim life that I wouldn't wish on anyone."

Her painful journey has now reached a milestone.

Publicity over Trimarco's efforts prompted Argentine authorities to make a high-profile example of her daughter's case by putting 13 people on trial for allegedly kidnapping Veron and holding her as a sex slave in a family-run operation of illegal brothels. Prostitution is not illegal in Argentina, but the exploitation of women for sex is.

A verdict is expected Tuesday after a nearly yearlong trial.

The seven men and six women have pleaded innocent and their lawyers have said there's no physical proof supporting the charges against them. The alleged ringleaders denied knowing Veron and said that women who work in their brothels do so willingly. Prosecutors have asked for up to 25 years imprisonment for those convicted.

Trimarco was the primary witness during the trial, testifying for six straight days about her search for her daughter.

The road to trial was a long one.

Frustrated by seeming indifference to her daughter's disappearance, Trimarco began her own probe and found a taxi driver who told of delivering Veron to a brothel where she was beaten and forced into prostitution. The driver is among the defendants.

With her husband and granddaughter in tow, Trimarco disguised herself as a recruiter of prostitutes and entered brothel after brothel searching for clues. She soon found herself immersed in the dangerous and grim world of organized crime, gathering evidence against police, politicians and gangsters.

"For the first time, I really understood what was happening to my daughter," she said. "I was with my husband and with Micaela, asleep in the backseat of the car because she was still very small and I had no one to leave her with."

The very first woman Trimarco rescued taught her to be strong, she said.

"It stuck with me forever: She told me not to let them see me cry, because these shameless people who had my daughter would laugh at me, and at my pain," Trimarco said. "Since then I don't cry anymore. I've made myself strong, and when I feel that a tear might drop, I remember these words and I keep my composure."

Micaela, now 13, has been by her grandmother's side throughout, contributing to publicity campaigns against human trafficking and keeping her mother's memory alive.

More than 150 witnesses testified in the trial, including a dozen former sex slaves who described brutal conditions in the brothels.

Veron may have been kidnapped twice, with the complicity of the very authorities who should have protected her, according to Julio Fernandez, who now runs a Tucuman police department devoted to investigating human trafficking. He testified that witnesses reported seeing Veron at a bus station three days after she initially disappeared, and that a police officer from La Rioja, Domingo Pascual Andrada, delivered her to a brothel there. Andrada, now among the defendants, denied knowing any of the other defendants, let alone Veron.

Other Tucuman police testified that when they sought permission in 2002 to search La Rioja brothels, a judge made them wait for hours, enabling Veron's captors to move her. That version was supported by a woman who had been a prostitute at the brothel: She testified that Veron was moved just before police arrived. The judge, Daniel Moreno, is not on trial. He denied delaying the raid or having anything to do with the defendants.

Some of the former prostitutes said they had seen Veron drugged and haggard. One testified Veron felt trapped and missed her daughter. Another said she spotted Veron with dyed-blonde hair and an infant boy she was forced to conceive in a rape by a ringleader. A third thought Veron had been sold to a brothel in Spain — a lead reported to Interpol.

Trimarco's campaign to find her daughter led the State Department to provide seed money for a foundation in Veron's name. To date, it has rescued more than 900 women and girls from sex trafficking. The foundation also provides housing, medical and psychological aid, and it helps victims sue former captors.

Argentina outlawed human trafficking in 2008, thanks in large part to the foundation's work. A new force dedicated to combating human trafficking has liberated nearly 3,000 more victims in two years, said Security Minister Nilda Garre, who wrote a newspaper commentary saying the trial's verdict should set an example.

Whatever the verdict, Trimarco's lawyer, Carlos Garmendia, says the case has already made a difference.

"Human trafficking was an invisible problem until the Marita (Veron) case," Garmendia said. "The case has put it on the national agenda."

But Trimarco wants more. "I had hoped they would break down and say what they'd done with Marita," she said.

"I feel here in my breast that she is alive and I'm not going to stop until I find her," Trimarco said. "If she's no longer in this world, I want her body."

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Gov't: Building felled by NZ quake poorly built

SYDNEY (AP) — A six-story office building that collapsed and killed 115 people in New Zealand's devastating earthquake last year was poorly designed, inadequately constructed and should never have been issued a building permit, a government report said Monday.

The Canterbury Television (CTV) building crumbled to the ground during the 6.1-magnitude earthquake that rocked Christchurch on Feb. 22, 2011. The building's collapse was responsible for nearly two-thirds of the 185 deaths from the quake.

Monday's report was the final release from the government-ordered commission that spent months investigating the buildings damaged in the quake. Findings the commission released in February concluded that the CTV building was made of weak columns and concrete and did not meet standards when it was built in 1986. The building's designer contested those findings.

Prime Minister John Key said building failures were responsible for 175 of the 185 deaths from the quake.

"We owed it to them, their loved ones left behind, and those people badly injured in the earthquake, to find answers as to why some buildings failed so severely," Key said in a statement.

The report found several deficiencies in the CTV building's engineering design and said the city council should never have issued the building a permit because the design did not comply with the standards at the time. The commission also concluded that there were inadequacies in the building's construction.

The report noted that the building had been issued a "green sticker" following a magnitude-7.0 earthquake in September 2010, signaling authorities had given it the thumbs-up for people to continue using it.

An investigation by The Associated Press last year found that inspection checks routinely used across the world to verify the safety of buildings following earthquakes fail to account for how well those buildings will withstand future quakes. The AP found that building occupants and public officials in Christchurch did not understand that a "green sticker" doesn't mean the building has undergone a thorough analysis of its structural health, nor that it will stay intact during future quakes.

The commission's report found that the CTV building was given a green sticker after being inspected by just three building officials, none of whom was an engineer. The commission recommended that in the future, only trained building safety evaluators be authorized to inspect buildings after earthquakes, and that government agencies should research how to account for aftershocks.

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Associated Press writer Nick Perry in Bangkok contributed to this report.

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Apple, Samsung face off in court again

SAN JOSE (Reuters) – Apple Inc and Samsung Electronics squared off again in court on Thursday, as the iPhone maker prepares to convince a U.S. district judge to ban sales of a number of the Korean company’s devices and defend a $ 1.05 billion jury award.

Apple scored a sweeping legal victory in August at the conclusion of its landmark case against its arch-foe, when a U.S. jury found Samsung had copied critical features of the iPhone and iPad and awarded it $ 1.05 billion in damages.

U.S. District Judge Lucy Koh is expected to address a range of issues at the hearing, which began Thursday afternoon. They include setting aside any of the jury’s findings on liability, juror misconduct, and the requested injunction.

Twenty four of Samsung’s smartphones were found to have infringed on Apple’s patents, while two of Samsung’s tablets were cleared of similar allegations.

Koh began by questioning the basis for some of the damages awarded by the jury, putting Apple’s lawyers on the defensive.

“I don’t see how you can evaluate the aggregate verdict without looking at the pieces,” Koh said.

Samsung’s lawyers argued the ruling against it should be “reverse engineered” to be sure the $ 1.05 billion was legally arrived at by the jury, while Apple said the ruling should stand as is.

FIERCEST RIVAL

Samsung is Apple’s fiercest global business rival, and their battle for consumers’ allegiance is shaping the landscape of the smartphone and tablet industry, and has claimed several high-profile victims including Nokia.

While most of the devices facing injunction are older and, in some cases, out of the market, such injunctions have been key for companies trying to increase their leverage in courtroom patent fights.

In October, a U.S. appeals court overturned a pretrial sales ban against Samsung’s Galaxy Nexus smartphone, dealing a setback to Apple’s battle against Google Inc’s increasingly popular mobile software.

Some analysts say Apple’s willingness to license patents to HTC could convince Koh it does not need the injunction, as the two companies could arrive at a licensing deal.

Apple is also attempting to add more than $ 500 million to the $ 1 billion judgment because the jury found Samsung willfully infringed on its patents.

Samsung, for its part, wants the verdict overturned, saying the foreman of the jury in the trial did not disclose that he was once embroiled in litigation with Seagate Technology, a company that Samsung invested in.

Both Apple and Samsung have filed separate lawsuits covering newer products, including the Samsung Galaxy Note II. That case is pending in U.S. District Court in San Jose and is set for trial in 2014.

(Reporting By Poornima Gupta)

Gadgets News Headlines – Yahoo! News

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Plane believed to be singer's found in Mexico

MONTERREY, Mexico (AP) — The wreckage of a small plane believed to be carrying Mexican-American music superstar Jenni Rivera was found in northern Mexico on Sunday and there were no survivors, authorities said.

Transportation and Communications Minister Gerardo Ruiz Esparza said "everything points toward" the wreckage belonging to the plane carrying Rivera and six other people to Toluca, outside Mexico City, from Monterrey, where the singer who has sold 15 million records had just given a concert.

"There is nothing recognizable, neither material nor human" in the wreckage found in the state of Nuevo Leon, Ruiz Esparza told the Televisa network. The impact was so powerful that the remains of the plane "are scattered over an area of 250 to 300 meters. It is almost unrecognizable."

No cause was given for the plane's crash, but its wreckage was found near the town of Iturbide in Mexico's Sierra Madre Oriental, where the terrain is very rough.

The Learjet 25, number N345MC, took off from Monterrey at 3:30 a.m. local time and was reported missing about 10 minutes later. It was registered to Starwood Management of Las Vegas, Nevada, according to FAA records. It was built in 1969 and had a current registration through 2015.

Media and celebrities in Mexico sent condolences to Rivera's family, but authorities still had not confirmed that she was aboard the plane and said there will be an investigation to identify the remains found.

"My friend! Why? There is no consolation. God, please help me!" said Mexican pop singer Paulina Rubio on her official Twitter account. Singer Miguel Bose, who appears on the Mexican show "The Mexican Voice" along with Rivera, wrote on his Twitter account: "My dear Jenni, you will always be in my heart. Forever. I love you."

Also believed aboard the plane were her publicist, Arturo Rivera, her lawyer, makeup artist and the flight crew.

The 43-year-old Rivera who was born and raised in Long Beach, California, is one of the biggest stars of the Mexican regional style known as grupero music, which is influenced by the norteno, cumbia and ranchero styles.

Though drug trafficking was the theme of some of her songs, she was not considered a singer of "narco corridos," or ballads glorifying drug lords like other groups, such as Los Tigres del Norte. She was better known for singing about her troubles in love and disdain for men.

The so-called "Diva de la Banda" was beloved by fans on both sides of the border for songs such as "De Contrabando" and "La Gran Senora."

Her parents were Mexicans who had migrated to the United States. Two of her five brothers, Lupillo and Juan Rivera, are also well-known singers of grupero music.

Although the she studied business administration, her passion for music was always present.

She formally debuted on the music scene in 1995 with the release of her album "Chacalosa". Due to its success, she recorded two more independent albums, "We Are Rivera" and "Farewell to Selena," a tribute album to slain singer Selena that helped expand her following.

At the end of the 1990s, Rivera was signed by Sony Music and released two more albums. But widespread success came for her when she joined Fonovisa and released her 2005 album titled "Partier, Rebellious and Daring."

She recently won two Billboard Mexican Music Awards: Female Artist of the Year and Banda Album of the Year for "Joyas prestadas: Banda." She was nominated to the Latin Grammy in 2002, 2008 and 2011.

Besides being a singer, she is also a businesswoman and actress, appearing in the indie film Filly Brown, which was shown at the Sundance Film Festival, as the incarcerated mother of Filly Brown.

She was filming the third season of "I love Jenni," which followed her as she shared special moments with her children and as she toured through Mexico and the United States. She also has the reality shows: "Jenni Rivera Presents: Chiquis and Raq-C" and her daughter's "Chiquis 'n Control."

Controversy often surrounded Rivera.

In 2009, she was detained at the Mexico City airport when she declared $20,000 in cash but was really carrying $52,167. She was taken into custody. She said it was an innocent mistake and authorities gave her the benefit of the doubt and released her.

In 2011, her brother Juan assaulted a drunken fan at a popular fair in Guanajuato after he verbally attacked Jenni.

In the face of heavy criticism among her fans and on social networks, Rivera publicly apologized for the incident during a concert in Mexico City, telling her fans: "Thank you for accepting me as I am, with my virtues and defects."

On Saturday night, Rivera had given a concert before thousands of fans in Monterrey. After the concert she gave a press conference during which she spoke of her emotional state following her recent divorce from former Major League Baseball pitcher Esteban Loaiza, who played for teams including the New York Yankees and Los Angeles Dodgers.

"I can't get caught up in the negative because that destroys you. Perhaps trying to move away from my problems and focus on the positive is the best I can do. I am a woman like any other and ugly things happen to me like any other woman," she said Saturday night. "The number of times I have fallen down is the number of times I have gotten up."

The mother of five children and grandmother of two had announced in October that she was divorcing Loaiza after two years of marriage. It was her third marriage.

She was proud to present herself as a Latina woman with a down-to-earth persona struggling to give a good life to her children.

"I am the same as the public, as my fans," she told The Associated Press in an interview last March.

There have been several high-profile crashes involving Learjets, known as swift, longer-distance passenger aircraft popular with corporate executives, entertainers and government officials.

A Learjet carrying pro-golfer Payne Stewart and five others crashed in northeastern South Dakota in 1999. Investigators said the plane lost cabin pressure and all on board died after losing consciousness for lack of oxygen. The aircraft flew for several hours on autopilot before running out of fuel and crashing in a corn field.

Former Blink 182 drummer Travis Barker was severely injured in a 2008 Learjet crash in South Carolina that killed four people.

That same year, a Learjet slammed into rush-hour traffic in a posh Mexico City neighborhood, killing Mexico's No. 2 government official, Interior Secretary Juan Camilo Mourino, and eight others on the plane, plus five people on the ground.

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Associated Press Writer Galia Garcia-Palafox contributed to this report from Mexico City.

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Smokers celebrate as Wash. legalizes marijuana

SEATTLE (AP) — The crowds of happy people lighting joints under Seattle's Space Needle early Thursday morning with nary a police officer in sight bespoke the new reality: Marijuana is legal under Washington state law.

Hundreds gathered at Seattle Center for a New Year's Eve-style countdown to 12 a.m., when the legalization measure passed by voters last month took effect. When the clock struck, they cheered and sparked up in unison.

A few dozen people gathered on a sidewalk outside the north Seattle headquarters of the annual Hempfest celebration and did the same, offering joints to reporters and blowing smoke into television news cameras.

"I feel like a kid in a candy store!" shouted Hempfest volunteer Darby Hageman. "It's all becoming real now!"

Washington and Colorado became the first states to vote to decriminalize and regulate the possession of an ounce or less of marijuana by adults over 21. Both measures call for setting up state licensing schemes for pot growers, processors and retail stores. Colorado's law is set to take effect by Jan. 5.

Technically, Washington's new marijuana law still forbids smoking pot in public, which remains punishable by a fine, like drinking in public. But pot fans wanted a party, and Seattle police weren't about to write them any tickets.

In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.

The mood was festive in Seattle as dozens of gay and lesbian couples got in line to pick up marriage licenses at the King County auditor's office early Thursday.

King County and Thurston County announced they would open their auditors' offices shortly after midnight Wednesday to accommodate those who wanted to be among the first to get their licenses.

Kelly Middleton and her partner Amanda Dollente got in line at 4 p.m. Wednesday.

Hours later, as the line grew, volunteers distributed roses and a group of men and women serenaded the waiting line to the tune of "Chapel of Love."

Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.

In dealing with marijuana, the Seattle Police Department told its 1,300 officers on Wednesday, just before legalization took hold, that until further notice they shall not issue citations for public marijuana use.

Officers will be advising people not to smoke in public, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."

He offered a catchy new directive referring to the film "The Big Lebowski," popular with many marijuana fans: "The Dude abides, and says 'take it inside!'"

"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."

Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.

But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.

The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.

"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress."

The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.

That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.

Alison Holcomb is the drug policy director of the American Civil Liberties Union of Washington and served as the campaign manager for New Approach Washington, which led the legalization drive. She said the voters clearly showed they're done with marijuana prohibition.

"New Approach Washington sponsors and the ACLU look forward to working with state and federal officials and to ensure the law is fully and fairly implemented," she said.

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Johnson can be reached at https://twitter.com/GeneAPseattle

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