<em>Apple v. Samsung</em> Judge: 'It's Time for Global Peace'



SAN JOSE, California — Everybody settle down. Sorting out the Samsung v. Apple verdict is gonna take awhile, even if the judge presiding over the trial might trim the $1.05 billion award and said it’s time for the tech giants to make peace.


The epic Apple v. Samsung patent-infringement case was back in San Jose Federal Court on Thursday, and federal judge Lucy Koh said she’s too busy with another patent trial to issue a sweeping ruling on the sales bans Apple is seeking and the question of whether Samsung should pay more, or less, than the $1.05 billion in damages a jury awarded in August. Instead, she’ll issue a series of rulings in the next few months and wrap this up.


“I think it’s time for global peace,” the judge said from the bench. “I think it’d be good for consumers, the industry, and the parties.”


It was the first time the two sides have been in court since a nine-member jury on Aug. 24 awarded Apple a $1.05 billion award after ruling that Samsung violated Apple product design and essential user interface elements. The hearing was largely procedural, with lawyers ponderously quibbling over intricacies. At one point, Koh called a particular point moot, prompting an Apple lawyer to reply, “It’s different shades of moot.”


At issue are three points: whether the damages were appropriate; whether as many as 26 Samsung products should be banned from sale in the U.S.; and whether the jury decision should be thrown out altogether because of alleged misconduct from the jury foreman, who failed to disclose his involvement in a lawsuit. Although only three of the products at issue in the case are still on the market, a sweeping ban would substantially hurt the Korean company financially, make an example of the Android handset maker, and could affect the types of products retailers are willing to put on their store shelves.


In a nutshell, Apple wants to tack another $500 million onto the verdict and additional Samsung products added to the injunction. “Hopefully after an injunction they will be deterred from getting this close to the line and we will not be back in front of you in the future,” Apple attorney Michael Jacobs told Judge Koh.


Samsung, of course, wants the verdict dissected after a few anomalous calculations were examined, including a seemingly exorbitant charge of $58 million on the Samsung Galaxy Prevail smartphone. “You should reverse-engineer (the damages), make sure jury verdict is causally related to the evidence based on legal theory,” Samsung lawyer Kathleen Sullivan said. “We’ve given you two legal errors that you can correct with mathematical certainty.”


Koh indicated that she might trim the award granted in the Prevail, noting the figure was “way beyond reasonable royalty or lost profit.”


Samsung feels Apple is actively engaging in a smear campaign and reiterated its point that the jury foreman in the trial had incentive to be vindictive against Samsung. Even so, Samsung counsel Charles Verhoeven said the company is willing to talk. “The ball’s in [Apple's] court,” he said. Koh was surely happy to hear that, as she appears exasperated by the growing length and complexity of the case.


“When is this case going to resolve?” she asked at one point. “This is not a joke, I’m being serious.”


It may not end even when Koh signs off on it. The case is expected to be appealed to the U.S. Federal Circuit Court of Appeals in Washington, D.C.



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George Zimmerman sues NBC and reporters












ORLANDO, Fla. (AP) — George Zimmerman sued NBC on Thursday, claiming he was defamed when the network edited his 911 call to police after the shooting of Trayvon Martin to make it sound like he was racist.


The former neighborhood watch volunteer filed the lawsuit seeking an undisclosed amount of money in Seminole County, outside Orlando. Also named in the complaint were three reporters covering the story for NBC or an NBC-owned television station.












The complaint said the airing of the edited call has inflicted emotional distress on Zimmerman, making him fear for his life and causing him to suffer nausea, insomnia and anxiety.


The lawsuit claims NBC edited his phone call to a dispatcher in February. In the call, Zimmerman describes following Martin in the gated community where he lived, just moments before he fatally shot the 17-year-old teen during a confrontation.


“NBC saw the death of Trayvon Martin not as a tragedy but as an opportunity to increase ratings, and so set about to create a myth that George Zimmerman was a racist and predatory villain,” the lawsuit claims.


NBC spokeswoman Kathy Kelly-Brown said the network strongly disagreed with the accusations made in the complaint.


“There was no intent to portray Mr. Zimmerman unfairly,” she said. “We intend to vigorously defend our position in court.”


Three employees of the network or its Miami affiliate lost their jobs because of the changes.


Zimmerman is charged with second-degree murder but has pleaded not guilty, claiming self-defense under Florida’s “stand your ground law.”


The call viewers heard was trimmed to suggest that Zimmerman volunteered to police, with no prompting, that Martin was black: “This guy looks like he’s up to no good. He looks black.”


But the portion of the tape that was deleted had the 911 dispatcher asking Zimmerman if the person who had raised his suspicion was “black, white or Hispanic,” to which Zimmerman responded, “He looks black.”


Entertainment News Headlines – Yahoo! News


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Drug Makers Challenge Pill Disposal Law in California





Brand name drug makers and their generic counterparts rarely find themselves on the same side of an issue, but now they are making an exception. They have teamed up to fight a local law in California, the first in the nation, that makes them responsible for running — and paying for — a program that would allow consumers to turn in unused medicines for proper disposal.




Such so-called drug take-back programs are gaining in popularity because of a growing realization that those leftover pills in your medicine cabinet are a potential threat to public health and the environment.


Small children might accidentally swallow them and teenagers will experiment with them, advocates of the laws say. Prescription drug abusers can, and are, breaking into homes in search of them. Unused pills are sometimes flushed down the toilet, so pharmaceuticals are now polluting waterways and even drinking water. One study found the antidepressant Prozac in the brains of fish.


Most such take-back programs are run by local or other government agencies. But increasingly there are calls to make the pharmaceutical industry pay.


“We feel the industry that profits from the sales of these products should have the financial responsibility for proper management and disposal,” said Miriam Gordon, California director of Clean Water Action, an advocacy group.


In July, Alameda County, Calif., which includes Oakland and Berkeley, became the first locality to enact such a requirement. Drug companies have to submit plans for accomplishing it by July 1, 2013.


But the industry plans to file a lawsuit in United States District Court in Oakland on Friday, hoping to have the law struck down. The suit is being filed by the Pharmaceutical Research and Manufacturers of America, or PhRMA, which represents brand-name drug companies, the Generic Pharmaceutical Association and the Biotechnology Industry Organization.


James M. Spears, general counsel of PhRMA, said the Alameda ordinance violated the Constitution in that a local government was interfering with interstate commerce, a right reserved for Congress.


“They are telling a company in New Jersey that you have to come in and design and implement and pay for a municipal service in California,” he said in an interview.


“This program is one where the cost is shifted to companies and individuals who are not located in Alameda County and who won’t be served by it.”


Mr. Spears, who is known as Mit, said that the program would cost millions of dollars a year to run and that pharmaceutical companies were “not in the waste disposal business.” He said it would be best left to sanitation departments and law enforcement agencies, which must be involved if narcotics, like pain pills, were to be transported.


Nathan A. Miley, the president of the Alameda County Board of Supervisors and the champion of the legislation, said late Thursday, “It’s just unfortunate that PhRMA would fight this because it would be pennies for them.”


“We will win legally and will win in the court of public opinion as well,” Mr. Miley said.


The battle in Alameda could set the direction for other states and localities. Legislators in seven states have introduced bills to require drug companies to pay for take-back programs in the last few years, said Scott Cassel, founder and chief executive of the Product Stewardship Institute, a nonprofit group that advocates such programs. But none of the bills have passed.


Mr. Cassel said about 70 similar “extended producer responsibility” laws have been enacted in 32 states for other products, like electronic devices, mercury-containing thermometers, fluorescent lamps, paint and batteries. He said he was not aware that any had been struck down on constitutional grounds.


The pharmaceutical industry already pays for take-back programs in some other countries. The law in Alameda is modeled partly on the system in British Columbia and two other Canadian provinces. There, the industry formed the Post-Consumer Pharmaceutical Stewardship Association, which runs the programs.


Consumers can take unused drugs back to pharmacies, from which they are periodically collected. Drug companies pay for the program in proportion to their market share, said Ginette Vanasse, executive director of the association. The program for British Columbia, with a population over four million, costs about $500,000 a year, she said.


The extent of the problem of unused pills and how best to handle them are matters of debate.


The United States Geological Survey has found various drugs, including antidepressants, antibiotics, heart medicines and hormones, in waterways it has sampled. Sewage treatment plants and drinking water treatment plants are not meant to remove pharmaceuticals.


Still, it is not known what effect the chemicals might have. “It’s a hard-to-pin-down problem,” said Sonya Lunder, a senior analyst at the Environmental Working Group, an advocacy group. It is thought that trace amounts in drinking water are probably not harmful. But larger amounts found in wastewater could be having an impact on wildlife.


It is also unclear whether take-back programs will help. Experts generally agree that the bigger source of pollution is urine and feces containing the remnants of drugs that are ingested, not the unused pills flushed down the toilet.


PhRMA also argues that take-back programs will not help much with the problem of drug abuse either. Mr. Spears said that it was better to have consumers tie up unused pills in a plastic bag and throw them in the trash. That is more effective, he said, because people would not have to travel to a collection point. Such collection points could become targets for thieves and drug abusers.


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The Human Price: Bangladesh Fire Exposes Safety Gap in Supply Chain


Andrew Biraj/Reuters


DEATHTRAP  A worker at the burned factory in Ashulia. Fire safety preparations were woefully inadequate, and violations were cited before the fire. More Photos »







ASHULIA, Bangladesh — The fire alarm shattered the monotony of the Tazreen Fashions factory. Hundreds of seamstresses looked up from their machines, startled. On the third floor, Shima Akhter Pakhi had been stitching hoods onto fleece jackets. Now she ran to a staircase.




But two managers were blocking the way. Ignore the alarm, they ordered. It was just a test. Back to work. A few women laughed nervously. Ms. Pakhi and other workers returned to their sewing tables. She could stitch a hood to a jacket in about 90 seconds. She arranged the fabric under her machine. Ninety seconds. Again. Ninety more seconds. She sewed six pieces, maybe seven.


Then she looked up.


Smoke was filtering up through the three staircases. Screams rose from below. The two managers had vanished. Power suddenly went out throughout the eight-story building. There was nowhere to escape. The staircases led down into the fire. Iron grilles blocked the windows. A man cowering in a fifth-floor bathroom called his mother to tell her he was about to die.


“We all panicked,” Ms. Pakhi said. “It spread so quickly. And there was no electricity. It was totally dark.”


Tazreen Fashions Ltd. operated at the beginning of the global supply chain that delivers clothes made in Bangladesh to stores in Europe and the United States. By any measure, the factory was not a safe place to work. Fire safety preparations were woefully inadequate. The building itself was under construction — even as sewing work continued inside — and mounds of flammable yarn and fabric were illegally stored on the ground floor near electrical generators.


Yet Tazreen was making clothing destined for some of the world’s top retailers. On the third floor, where firefighters later recovered 69 bodies, Ms. Pakhi was stitching sweater jackets for C&A, a European chain. On the fifth floor, workers were making Faded Glory shorts for Walmart. Ten bodies were recovered there. On the sixth floor, a man named Hashinur Rahman put down his work making True Desire lingerie for Sears and eventually helped save scores of others. Inside one factory office, labor activists found order forms and drawings for a licensee of the United States Marine Corps that makes commercial apparel with the Marines’ logo.


In all, 112 workers were killed in a blaze last month that has exposed a glaring disconnect among global clothing brands, the monitoring system used to protect workers and the factories actually filling the orders. After the fire, Walmart, Sears and other retailers made the same startling admission: They say they did not know that Tazreen Fashions was making their clothing.


But who, then, is ultimately responsible when things go so wrong?


The global apparel industry aspires to operate with accountability that extends from distant factories to retail stores. Big brands demand that factories be inspected by accredited auditing firms so that the brands can control quality and understand how, where and by whom their goods are made. If a factory does not pass muster, it is not supposed to get orders from Western customers.


Tazreen Fashions was one of many clothing factories that exist on the margins of this system. Factory bosses had been faulted for violations during inspections conducted on behalf of Walmart and at the behest of the Business Social Compliance Initiative, a European organization.


Yet Tazreen Fashions received orders anyway, slipping through the gaps in the system by delivering the low costs and quick turnarounds that buyers — and consumers — demand. C&A, the European retailer, has confirmed ordering 220,000 sweaters from the factory. But much of the factory’s business came through opaque networks of subcontracts with suppliers or local buying houses. Labor activists, combing the site of the disaster, found labels, order forms, design drawings and articles of clothing from many global brands.


Walmart and Sears have since said they fired the suppliers that subcontracted work to Tazreen Fashions. Yet some critics have questioned how a company like Walmart, one of the two biggest buyers in Bangladesh and renowned for its sophisticated global supply system, could have been unaware of the connection.


Julfikar Ali Manik contributed reporting from Ashulia, and Steven Greenhouse from New York.



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L.A. council votes to regulate valet parking operators









Valet parking operators in Los Angeles would be regulated for the first time under an ordinance the City Council approved unanimously on Wednesday.


The new rules, subject to a second vote by the council, would require a valet operator in Los Angeles to obtain a permit, carry liability insurance, provide proof of off-street spaces for parking cars and ensure that valet workers had valid California driver's licenses. The ordinance would prohibit operators from using public street parking without permission and from blocking traffic.


The Los Angeles city attorney's office spent three years researching and crafting the regulations, which Councilman Eric Garcetti said were aimed at eliminating rogue operators. Portions of the measure were modeled on longtime regulations in West Hollywood, Santa Monica and Beverly Hills.





"Finally, the law is on the side of the driver," Garcetti said after the 13-0 vote.


Garcetti told council colleagues that he had heard many complaints from Hollywood constituents about fly-by-night valet operators who damaged vehicles, stole valuables or parked in restricted zones.


Councilman Paul Koretz, whose district includes the busy 3rd Street restaurant row between La Cienega Boulevard and Fairfax Avenue, said the ordinance was "a long time coming." He said he had personally used black and white paint to correct hours-of-operation signs altered by valet workers. He also said valets had disabled parking meters to avoid having to pay for spots.


Councilman Bill Rosendahl, who represents Venice and other valet-intensive areas, said he was concerned that his constituents had not been consulted. Businesses along Abbot Kinney Boulevard have been working on parking solutions that could include leasing public school spaces for evening use and an automated, public-private parking facility on an old railroad right-of-way. Garcetti said the ordinance would not preclude any of those solutions.


The ordinance will be phased in across the city, with Hollywood expected to be first to implement the rules. That will allow for input from residents and business owners in Venice and elsewhere, Garcetti said.


Richard Tefank, executive director of the Police Commission, said the program might start next spring. The commission will set the fees, issue permits and explain the program to police and parking enforcement officers.


Jamal Zyoud, owner of J&G Parking Services, said that he thought regulation was a good idea but that he would find it difficult to pay a per-worker fee for background checks.


"Business is already slow," he said. "We're barely making it." He said the system might be workable if employees split with him the cost of background checks.


martha.groves@latimes.com





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Google Now Delivers Travel Forecasts, Boarding Passes Before You Search



Google’s Search App has received a travel-focused update just in time for the holidays. Wednesday’s update adds new capabilities to Google Now, the app’s feature set designed to deliver frequently searched-for information before you even think to search for it.


Previously, opening the Google Search App on any Android phone running Jelly Bean (versions 4.1 and newer), would pull up a Google Now card detailing the weather where you’re standing along with traffic routes to your home and office, sports scores, and package tracking info, among other things. The update adds into the mix new information centered around weather, plane flights and finding things to do in the new locale you’re visiting.


In the updated app, Google Now will still bubble up a card with local weather, but it will now also provide a card detailing the forecast for your upcoming destination about a day before you travel so you can pack and plan correctly. This can serve as a raincoat reminder for those headed to Seattle, or an alert for shorts if you’re vacationing in Melbourne, Australia.


If you’re flying for the holidays, the Search app will pull up a Google Now card with your boarding pass — if you’re flying United Airlines. Additional airlines will be added in coming weeks and months, said in Baris Gultekin, a Google Now product director. This feature, like all Google Now cards, requires a user’s permission to pull flight details from your Gmail account. If permission is granted, the app will serve up cards with restaurant and hotel reservations, translation help, and currency conversions too.


“Our goal is to figure out what the one thing you need right now is, and deliver that to you,” Gultekin told Wired. “A lot of our users need assistance the most when they’re traveling.”


With that in mind, Google Now also will provide suggestions on places to check out once you’ve reached your destination. The Search app already regularly offers recommendations on nearby restaurants and photo-worthy spots, but now it will list events taking place nearby and local websites that may be useful in figuring out what to do.


But not all the updates have to do with travel. The refresh also adds birthday reminders for those you’re connected to on Google+. And Google’s stellar voice assistant, also built into the Search app, received some new tricks today as well. Now, by speaking to the Google Search app, a user can post a text update to Google+, ask what song is playing in the background and launch a barcode scanner to retrieve product info while out shopping.


The updates hit the Google Search app today for Android owners — sorry iOS users.



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Obama leads heads of state atop Forbes 2012 power list












NEW YORK (Reuters) – When it comes to power, politics trumps business, according to a new Forbes ranking on Wednesday that found heads of state occupying six of the top 10 spots among the world’s most powerful people, led by President Barack Obama.


The annual list selected what Forbes said were the world’s 71 most-powerful people from among the roughly 7.1 billion global populace, based on factors ranging from wealth to global influence.












Obama was joined in the top 10 by German Chancellor Angela Merkel, Russian President Vladimir Putin, King Abdullah bin Abdulaziz al Saud of Saudi Arabia and British Prime Minister David Cameron.


The list’s highest-ranked businessman was Microsoft co-founder Bill Gates at No. 4. U.S. Federal Reserve Chairman Ben Bernanke and European Central Bank President Mario Draghi, both public officials, also made the top 10.


“This year’s list reflects the changing of the guard in the world’s two most powerful countries: the United States and China,” Michael Noer, Forbes‘ executive editor, told Reuters in an email.


Noer noted that China’s President Hu Jintao, last year’s third most-powerful person, fell off the list as he is leaving power, and his successor, Xi Jinping, ranked ninth instead.


Both U.S. Treasury Secretary Timothy Geithner and Secretary of State Hillary Clinton, who have stated they will not be serving in Obama’s second term, were not in this year’s rankings.


While elected and appointed officials and business people made up the vast majority of Forbes’ most powerful, Pope Benedict XVI placed fifth in the rankings.


Among the oddities was Joaquin Guzman Loera at No. 63.


Loera, far from a household name, is a billionaire nicknamed “El Chapo” who as head of Mexico’s Sinaloa cartel is the world’s most powerful drug trafficker, according to Forbes.


Age was also not a barrier, with two of the youngest and oldest of this year’s most powerful — 28-year-old Facebook CEO Mark Zuckerberg and 81-year-old News Corp CEO Rupert Murdoch — back-to-back at numbers 25 and 26, respectively.


Forbes noted that Zuckerberg fell out of last year’s top 10 after Facebook’s IPO disappointed. A gainer, meanwhile, was Brazilian President Dilma Rousseff, who moved up four spots to No. 18 despite being only halfway into her first term of office.


To create the rankings, which Forbes readily concedes bore a measure of subjectivity, editors graded candidates on four criteria for power and averaged the four grades:


– Power over many people


– Control over financial and other valuable resources


– Power in multiple spheres or arenas


– Active use of power


Some measures, such as power over many people, favored leaders such as the Pope, while the world’s richest man — Mexican telecom magnate Carlos Slim Hula, worth a reported $ 72 billion — placed 11th on the strength of his wealth.


Others, such as New York’s billionaire Mayor Michael Bloomberg, scored high in all areas, placing him at No. 16.


Noer said that Elon Musk, one of the co-founders of Paypal and Tesla Motors, was “one of the more interesting newcomers” on the list due to his SpaceX company, a private space exploration venture.


“With NASA retiring the space shuttle fleet, private companies like SpaceX have been awarded huge contracts to do things like resupply the International Space Station. The commercialization of space is just beginning, but we expect it to be big business,” Noer said.


Former President Bill Clinton placed 50th, with editors noting that by hitting the campaign trail for Obama, Clinton “cemented his status as a kingmaker”, along with his nonpartisan Global Initiative raising more than $ 71 billion in commitments to fund charitable action worldwide.


Other high-ranking heads of state included French President Francois Hollande at No. 14, Indian Prime Minister Manmohan Singh at No. 19 and Iran’s Grand Ayatollah Ali Hoseini-Khamenei at No. 21.


Among businessmen in the top 20 were Berkshire Hathaway CEO Warren Buffett at No. 15, Wal-Mart CEO Michael Duke at No. 17 and Google co-founders Larry Page and Sergey Brin at No. 20.


The entire list can be found at www.forbes.com/power as well as the December 24 issue of the magazine.


(Reporting by Chris Michaud, Editing by Piya Sinha-Roy and Andrew Hay)


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Extended Use of Breast Cancer Drug Suggested


The widely prescribed drug tamoxifen already plays a major role in reducing the risk of death from breast cancer. But a new study suggests that women should be taking the drug for twice as long as is now customary, a finding that could upend the standard that has been in place for about 15 years.


In the study, patients who continued taking tamoxifen for 10 years were less likely to have the cancer come back or to die from the disease than women who took the drug for only five years, the current standard of care.


“Certainly, the advice to stop in five years should not stand,” said Prof. Richard Peto, a medical statistician at Oxford University and senior author of the study, which was published in The Lancet on Wednesday and presented at the San Antonio Breast Cancer Symposium.


Breast cancer specialists not involved in the study said the results could have the biggest impact on premenopausal women, who account for a fifth to a quarter of new breast cancer cases. Postmenopausal women tend to take different drugs, but some experts said the results suggest that those drugs might be taken for a longer duration as well.


“We’ve been waiting for this result,” said Dr. Robert W. Carlson, a professor of medicine at Stanford University. “I think it is especially practice-changing in premenopausal women because the results do favor a 10-year regimen.”


Dr. Eric P. Winer, chief of women’s cancers at the Dana-Farber Cancer Institute in Boston, said that even women who completed their five years of tamoxifen months or years ago might consider starting on the drug again.


Tamoxifen blocks the effect of the hormone estrogen, which fuels tumor growth in estrogen receptor-positive cancers that account for about 65 percent of cases in premenopausal women. Some small studies in the 1990s suggested that there was no benefit to using tamoxifen longer than five years, so that has been the standard.


About 227,000 cases of breast cancer are diagnosed each year in the United States, and an estimated 30,000 of them are in premenopausal women with estrogen receptor-positive cancer and prime candidates for tamoxifen. But postmenopausal women also take tamoxifen if they cannot tolerate the alternative drugs, known as aromatase inhibitors.


The new study, known as Atlas, included nearly 7,000 women with ER-positive disease who had completed five years of tamoxifen. They came from about three dozen countries. Half were chosen at random to take the drug another five years, while the others were told to stop.


In the group assigned to take tamoxifen for 10 years, 21.4 percent had a recurrence of breast cancer in the ensuing 10 years, meaning the period 5 to 14 years after their diagnoses. The recurrence rate for those who took only five years of tamoxifen was 25.1 percent.


About 12.2 percent of those in the 10-year treatment group died from breast cancer, compared with 15 percent for those in the control group.


There was virtually no difference in death and recurrence between the two groups during the five years of extra tamoxifen. The difference came in later years, suggesting that tamoxifen has a carry-over effect that lasts long after women stop taking it.


Whether these differences are big enough to cause women to take the drug for twice as long remains to be seen.


“The treatment effect is real, but it’s modest,” said Dr. Paul E. Goss, director of breast cancer research at the Massachusetts General Hospital.


Tamoxifen has side effects, including endometrial cancer, blood clots and hot flashes, which cause many women to stop taking the drug. In the Atlas trial, it appears that roughly 40 percent of the patients assigned to take tamoxifen for the additional five years stopped prematurely.


Some 3.1 percent of those taking the extra five years of tamoxifen got endometrial cancer versus 1.6 percent in the control group. However, only 0.6 percent of those in the longer treatment group died from endometrial cancer or pulmonary blood clots, compared with 0.4 percent in the control group.


“Over all, the benefits of extended tamoxifen seemed to outweigh the risks substantially,” Trevor J. Powles of the Cancer Center London, said in a commentary published by The Lancet.


Dr. Judy E. Garber, director of the Center for Cancer Genetics and Prevention at Dana-Farber, said many women have a love-hate relationship with hormone therapies.


“They don’t feel well on them, but it’s their safety net,” said Dr. Garber, who added that the news would be welcomed by many patients who would like to stay on the drug. “I have patients who agonize about this, people who are coming to the end of their tamoxifen.”


Emily Behrend, who is a few months from finishing her five years on tamoxifen, said she would definitely consider another five years. “If it can keep the cancer away, I’m all for it,” said Ms. Behrend, 39, a single mother in Tomball, Tex. She is taking the antidepressant Effexor to help control the night sweats and hot flashes caused by tamoxifen.


Cost is not considered a huge barrier to taking tamoxifen longer because the drug can be obtained for less than $200 a year.


The results, while answering one question, raise many new ones, including whether even more than 10 years of treatment would be better still.


Perhaps the most important question is what the results mean for postmenopausal women. Even many women who are premenopausal at the time of diagnosis will pass through menopause by the time they finish their first five years of tamoxifen, or will have been pushed into menopause by chemotherapy.


Postmenopausal patients tend to take aromatase inhibitors like anastrozole or letrozole, which are more effective than tamoxifen at preventing breast cancer recurrence, though they do not work for premenopausal women.


Mr. Peto said he thought the results of the Atlas study would “apply to endocrine therapy in general,” meaning that 10 years of an aromatase inhibitor would be better than five years. Other doctors were not so sure.


The Atlas study was paid for by various organizations including the United States Army, the British government and AstraZeneca, which makes the brand-name version of tamoxifen.


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Europe Fines Electronics Makers $1.92 Billion





BRUSSELS — For a decade, senior managers at some of the world’s largest electronics companies met at golf courses, mostly in Asia, for what they called “greens meetings.”




Besides golf, the business at hand was a price-fixing scheme that affected millions of consumers, the top European antitrust regulator said on Wednesday.


JoaquĆ­n Almunia, the European competition commissioner, imposed fines totaling almost 1.5 billion euros, or $1.96 billion, on seven companies involved in two cartels that fixed the price of picture and display tubes for televisions and computer screens.


Combined, the fines amount to the largest single penalty for price fixing ever imposed by the commission, which said the cartels had engaged in the most organized market manipulation it had ever investigated. In addition to price fixing, the cartels’ conspiracies included market sharing, customer allocation and exchanges of important commercial information.


The action follows a spate of similar cases in the glass and display sectors, where bulky cathode ray tubes have been supplanted by technologies like liquid-crystal display and plasma that allow manufacturers to build far more compact monitors and screens.


But starting in the late 1990s, when the market was still strong for cathode ray tubes, and lasting until 2006, the conspirators’ scheme allowed them to continue generating strong returns for a technology that was rapidly becoming outmoded.


“The companies were trying to manage through collusion the decline in the market for these kinds of tubes,” Mr. Almunia said at a news conference. “The undue profits that the companies derived from the collusion may even have artificially slowed down the transition to the more modern products like LCD and plasma displays.”


Excerpts from minutes from meetings held by the cartel members obtained during the investigation showed the efforts they made to fix the market for the older technologies, according to commission officials.


“Producers need to avoid price competition through controlling their production capacity (of flat types in particular),” one excerpt read. Another noted that “mutual cooperation is required to deal with an expected economic downturn” in the second half of 2002.


In addition to the “greens meetings,” there were “glass meetings” for lower-level managers. The name probably related to the glass structure of the cathode ray tubes, officials said. They were held in Asia and in European cities including Glasgow, Paris, Rome, Amsterdam and Budapest, commission officials said.


The cartels “feature all the worst kinds of anticompetitive behavior that are strictly forbidden to companies doing business in Europe,” Mr. Almunia said. Producers in Europe and consumers suffered serious harm, he said, because the cathode ray tubes accounted for as much as 70 percent of the price of screens.


During his news conference, Mr. Almunia read from one of the documents obtained by the commission to show that cartel members were aware they were breaking the law. “Everybody is requested to keep it a secret,” the document read, “as it would be serious damage if it is open to customers or to the European Commission.”


The commission’s antitrust division can fine offenders as much as 10 percent of their annual worldwide sales, and the fine on Wednesday exceeded the previous record of almost 1.4 billion euros, which was imposed upon an auto-glass cartel in 2008.


But unlike regulators in the United States, the commission has no criminal enforcement powers and cannot prosecute or seek to jail participants for anticompetitive offenses. Many lawyers say this lack remains a shortcoming of the European system.


“There is a deterrent effect as these fines get higher, but there are always going to be some companies with wayward commercial personnel and some companies where some people say, ‘Let’s take the risk as might be worth it in the long run,’ ” said Caroline Hobson, a competition law partner at CMS Cameron McKenna in London. “An even greater enforcement power is the power to jail offenders, because that really makes people wake up.”


She said she did not represent any of the companies involved in the case.


Mr. Almunia imposed the harshest penalties on Royal Philips Electronics of the Netherlands and LG Electronics of South Korea. Philips was fined 313.4 million euros and LG Electronics 295.6 million euros. Philips and LG also were also part of a joint venture that received an additional fine of 391.9 million euros for which both companies were liable.


The commission also fined Panasonic 157.5 million euros, Samsung 150.8 million euros, Toshiba 28 million euros and Technicolor 38.6 million euros.


In a statement, Philips said it would appeal the fines to the General Court of the European Union, the bloc’s second-highest tribunal. Philips described the fine relating to its involvement in the joint venture as “disproportionate and unjustified.” Philips said it had divested that business in 2001.


LG did not respond to an e-mail request for comment.


The sanctions announced on Wednesday were the latest handed down by the commission over activity in the sector. It levied a fine of 128.7 million euros last year against four producers of the glass that is used in cathode ray tubes, and it imposed a 649 million euro fine in 2010 against members of a cartel that fixed prices on flat-panel displays based on LCD technology. One of the companies involved in that case, Chunghwa from Taiwan, reported the picture tubes case to the commission. As a result, Chunghwa received full immunity from fines.


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Mediators may spur a quick resolution in port strike









Standing with a picket sign in hand, clerical worker Manny Garcia gestured his thanks to motorists honking in support as they drove past a Port of Los Angeles cargo terminal.


Garcia has manned the picket lines at the L.A. and Long Beach ports in shifts since last week, when the 800-member International Longshore and Warehouse Union Local 63 Office Clerical Unit went on strike.


The issue pitting the clerical workers union against their shipping line employers is concern over outsourcing jobs, a charge the Harbor Employers Assn. has denied.





"We'd like to be working" rather than on strike, Garcia said Tuesday. "But we're trying to get a fair agreement."


A solution may come soon.


On Tuesday, after Los Angeles Mayor Antonio Villaraigosa intervened in the negotiations, the clerical workers union relented and agreed to mediation — a decision the employers had pushed for since last week.


"We've got to get a deal and get a deal as soon as possible," Villaraigosa told reporters after working with both sides Monday night and well into the morning Tuesday following his return from a South American trade mission.


The workers have been striking since Nov. 27 against the 14-member group of shipping lines and terminal owners. Though small, their strike has been magnified as 10,000 regional members of the ILWU honor the picket lines.


The dispute isn't about wages or benefits. It centers on the charge by the union that employers have steadily outsourced jobs through attrition. The union says the employers have transferred work from higher-paid union members to lower-paid employees in other states and countries.


Their employers dispute that contention, saying they've offered the workers full job security. Their proposal also includes wage and pension increases.


The workers don't have ordinary clerk and secretarial jobs. They are logistics experts who process a massive flow of information on the content of ships' cargo containers and their destinations.


The clerical workers, among the highest-paid in the country, are responsible for booking cargo, filing customs documentation, and monitoring and tracking cargo movements.


For example, any hazardous cargo, such as chemicals, that arrives or leaves through the ports requires appropriate documentation. The clerical workers ensure that containers flagged by customs or the U.S. Department of Agriculture are held for inspection and cleared before they exit the ports.


According to union officials and the Harbor Employers Assn., the average hourly rate for clerical workers is $40.50 per hour — which amounts to about $84,000 a year. In comparison, the median annual wage for cargo and freight agents was $37,150 in May 2010, according to the most recent data from the Bureau of Labor Statistics.


As talks have dragged on, employers have offered to raise the union workers' total compensation package. The employers say total compensation currently averages $165,000, but that amount includes healthcare, pension contributions, time off and other benefits in addition to salary.


The latest proposal would raise that average to $195,000, and include a $1-an-hour increase in pay each year for the next two years.


The union, however, is pushing for a contract that will prevent employers from outsourcing jobs in the future, said Craig Merrilees, a spokesman for the clerical workers union.


Both sides expect that two mediators — high-profile negotiators with experience in past labor disputes — will speed along negotiations.


Director George H. Cohen and Deputy Director Scot L. Beckenbaugh of the Federal Mediation and Conciliation Service were expected to meet with both sides beginning Tuesday evening. Between them, they have mediated labor disputes involving the National Hockey League, Major League Soccer and grocery chains.


At his news conference Tuesday, Villaraigosa said it was clear to him the rift between the two sides was too large to be resolved without an experienced mediator guiding the talks.


"There's a lot at stake here," Villaraigosa said, adding that the talks needed a greater "sense of urgency."


Steve Getzug, a spokesman for the Harbor Employers Assn., said the mediators' involvement would be helpful, "but what this doesn't do is get the clerks to drop their picket."


Union officials said they had no plans to stop picketing during negotiations.


The strike has shut down 10 of the 14 cargo container terminals at the nation's busiest seaport complex. Since the strike began, 20 ships have been diverted to other ports, including Oakland and Ensenada. Other cargo ships have sat anchored outside the L.A. and Long Beach ports, waiting for a resolution to the labor dispute.


Garcia, for his part, said he feels the strike is a way to stand up to large corporations to protect well-paying jobs in the community.


"We want to see this resolved," said Garcia, who retired more than a decade ago but still works as a temporary employee. "And we don't want an agreement to be rammed down someone's throat. After all, we have to work with these people later."


ricardo.lopez2@latimes.com


Times staff writers Stuart Pfeifer and Scott Wilson contributed to this report.





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