Samsung goes after HTC deal to undercut Apple-filing
















SAN FRANCISCO (Reuters) – When Apple Inc and HTC Corp last week ended their worldwide legal battles with a 10-year patent licensing agreement, they declined to answer a critical question: whether all of Apple‘s patents were covered by the deal.


It’s an enormously important issue for the broader smartphone patent wars. If all the Apple patents are included -including the “user experience” patents that the company has previously insisted it would not license – it could undermine the iPhone makers efforts to permanently ban the sale of products that copy its technology.













Samsung Electronics Co Ltd, which could face such a sales ban following a crushing jury verdict against it in August, now plans to ask a U.S. judge to force Apple to turn over a copy of the HTC agreement, according to a court filing on Friday.


Representatives for Apple and Samsung could not immediately be reached for comment.


Judges are reluctant to block the sale of products if the dispute can be resolved via a licensing agreement. To secure an injunction against Samsung, Apple must show the copying of its technology caused irreparable harm and that money, by itself, is an inadequate remedy.


Ron Laurie, managing director of Inflexion Point Strategy and a veteran IP lawyer, said he found it very unlikely that HTC would agree to a settlement that did not include all the patents.


If the deal did in fact include everything, Laurie and other legal experts said that would represent a very clear signal that Apple under CEO Tim Cook was taking a much different approach to patent issues than his predecessor, Steve Jobs.


Apple first sued HTC in March 2010, and has been litigating for more than two years against handset manufacturers who use Google’s Android operating system.


Apple co-founder Jobs promised to go “thermonuclear” on Android, and that threat has manifested in Apple’s repeated bids for court-imposed bans on the sale of its rivals’ phones.


Cook, on the other hand, has said he prefers to settle rather than litigate, if the terms are reasonable. But prior to this month, Apple showed little willingness to license its patents to an Android maker.


HOLY PATENTS


In August, a Northern California jury handed Apple a $ 1.05 billion verdict, finding that Samsung’s phones violated a series of Apple’s software and design patents.


Apple quickly asked U.S. District Judge Lucy Koh to impose a permanent sales ban on those Samsung phones, and a hearing is scheduled for next month in San Jose, California.


In a surprise announcement on Saturday, however, Apple and HTC announced a license agreement covering “current and future patents” at both companies. Specific terms are unknown, though analysts have speculated that HTC will pay Apple somewhere between $ 5 and $ 10 per phone.


During the Samsung trial, Apple IP chief Boris Teksler said the company is generally willing to license many of its patents – except for those that cover what he called Apple’s “unique user experience” like touchscreen functionality and design.


However, Teksler acknowledged that Apple has, on a few occasions, licensed those holy patents – most notably to Microsoft, which signed an anti-cloning agreement as part of the deal.


In opposing Apple’s injunction request last month, Samsung said Apple’s willingness to license at all shows money should be sufficient compensation, court documents show.


Apple has already licensed at least one of the prized patents in the Samsung case to both Nokia and IBM. That fact was confidential until late last year, when the court mistakenly released a ruling with details that should have been hidden from public view.


In a court filing last week, Apple argued that its Nokia, IBM and Microsoft deals shouldn’t stand in the way of an injunction. Microsoft’s license only covers Apple patents filed before 2002, and IBM signed several years before the iPhone launched, according to Apple.


“IBM’s agreement is a cross license with a party that does not market smartphones,” Apple wrote.


Apple’s seeming shift away from Jobs-style war, and toward licensing, may also reflect a realization that injunctions have become harder to obtain for a variety of reasons.


Colleen Chien, a professor at Santa Clara Law in Silicon Valley, said an appellate ruling last month that tossed Apple’s pretrial injunction against the Samsung Nexus phone raised the legal standard for everyone.


“The ability of technology companies to get injunctions on big products based on small inventions, unless the inventions drive consumer’s demand, has been whittled away significantly,” Chien said.


The case in U.S. District Court, Northern District of California is Apple Inc v. Samsung Electronics Co Ltd et al, 11-1846.


(Reporting By Dan Levine and Poornima Gupta; Editing by Bernard Orr)


Tech News Headlines – Yahoo! News



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Jennifer Aniston: Ben Stiller 'Makes Smart Sexy'

It was a night of big laughs and reminiscing as Ben Stiller was honored Thursday by Jennifer Aniston and other A-listers at the 26th American Cinematheque Award Gala.

Jennifer spoke highly of her Along Came Polly co-star and appeared to get tongue-tied while complimenting Ben's comic skills. "In all honesty, what we have learned through his filmmaking and his characters, his wife Christine has known for years," Jennifer said. "Ben has that unique ability to make sexy smart... or, I'm sorry... smart sexy -- and nebbishness nonchalant," slightly stumbling on the words. "That's a tongue twister, you try to say it!"

RELATED: Jennifer Aniston Engaged to Justin Theroux

Jennifer attended the bash accompanied by her fiancé, Justin Theroux, wearing an elegant black and white Valentino dress.

Among the other stars to pay tribute to Ben during the gala were Will Ferrell, Jack Black and DreamWorks Animation chief Jeffrey Katzenberg. President Bill Clinton even showed up in a video tribute to salute the actor's humanitarian work in Haiti, which the former president described as "inspirational and persistent."

VIDEO: What You Might Not Know about Ben Stiller

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EU drug regulator OKs Novartis' meningitis B shot

LONDON (AP) — Europe's top drug regulator has recommended approval for the first vaccine against meningitis B, made by Novartis AG.

There are five types of bacterial meningitis. While vaccines exist to protect against the other four, none has previously been licensed for type B meningitis. In Europe, type B is the most common, causing 3,000 to 5,000 cases every year.

Meningitis mainly affects infants and children. It kills about 8 percent of patients and leaves others with lifelong consequences such as brain damage.

In a statement on Friday, Andrin Oswald of Novartis said he is "proud of the major advance" the company has made in developing its vaccine Bexsero. It is aimed at children over two months of age, and Novartis is hoping countries will include the shot among the routine ones for childhood diseases such as measles.

Novartis said the immunization has had side effects such as fever and redness at the injection site.

Recommendations from the European Medicines Agency are usually adopted by the European Commission. Novartis also is seeking to test the vaccine in the U.S.

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Washington's upbeat tone cheers Wall Street for a day

NEW YORK (Reuters) - Hope that politicians would find common ground to steer clear of the "fiscal cliff" boosted stocks on Friday, though the gains were not enough to offset the week's losses.


Stocks recovered from early declines after leaders of the Senate and House emerged from a meeting at the White House and indicated they would be flexible in efforts to settle fiscal policy differences.


Democrats said they recognized the need to curb spending and Republicans said they had agreed to put "revenue on the table" following a meeting with President Barack Obama.


For the week, the S&P was down 1.5 percent, its second week in a row of losses. The Dow lost 1.8 percent, down for the fourth straight week, while the Nasdaq was lower for the sixth week, also losing 1.8 percent.


"These are very small steps in the right direction," said Kate Warne, investment strategist at Edward Jones in St Louis.


"The more evidence there is that Congress will make a decision sooner, the more likely we are to see stocks rebound."


About $600 billion of automatic budget cuts and tax increases will start to take effect in the new year unless Washington reaches a deal. With memories of 2011's debt ceiling impasse fresh in investors' minds, many are worried this year's discussions could be drawn out or yield no agreement.


If all the changes go into effect, economists say it could tip the economy into recession. Investors have pulled out of stocks over the past two weeks, taking nearly 4 percent off the S&P 500.


The Dow Jones industrial average <.dji> added 45.93 points, or 0.37 percent, to 12,588.31. The Standard & Poor's 500 Index <.spx> rose 6.55 points, or 0.48 percent, to 1,359.88. The Nasdaq Composite Index <.ixic> gained 16.19 points, or 0.57 percent, to 2,853.13.


Shares of Penn National Gaming Inc surged 28.2 percent to $48.23 on its busiest day of trading in more than four years, after the owner of gaming and pari-mutuel properties said late Thursday it will split its business into a gaming-focused real estate investment trust and a gaming operator.


More than 10 million shares changed hands, compared with average daily volume of 629,000 shares over the past 50 days.


Dell Inc helped limit the Nasdaq's gains after lower PC sales hurt the company's profit. Dell slumped 7.3 percent to $8.86.


More violence in the Middle East also kept investors wary after Palestinian militants nearly hit Jerusalem with a rocket for the first time in decades and fired at Tel Aviv for a second day.


Sears Holdings Corp late Thursday reported a quarterly loss that was narrower than expected, but same-store sales fell on weak demand for electronics, sending shares down 18.8 percent to $47.49.


Volume is expected to be light next week with some investors away for the Thanksgiving holiday, and the market closed on Thursday and open for only a half-day on Friday.


The decreased liquidity could spell more intra-day volatility for the market, though fewer market participants could also mute action.


(Editing by Kenneth Barry)


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Israel moves on reservists after rockets target cities

GAZA/JERUSALEM (Reuters) - Israeli ministers were on Friday asked to endorse the call-up of up to 75,000 reservists after Palestinian militants nearly hit Jerusalem with a rocket for the first time in decades and fired at Tel Aviv for a second day.


The rocket attacks were a challenge to Israel's Gaza offensive and came just hours after Egypt's prime minister, denouncing what he described as Israeli aggression, visited the enclave and said Cairo was prepared to mediate.


Israel's armed forces announced that a highway leading to the Gaza Strip and two roads bordering the enclave would be off-limits to civilian traffic until further notice.


Tanks and self-propelled guns were seen near the border area on Friday, and the military said it had already called 16,000 reservists to active duty.


Prime Minister Benjamin Netanyahu convened senior cabinet ministers in Tel Aviv after the rockets struck to decide on widening the Gaza campaign.


Political sources said ministers were asked to approve the mobilization of up to 75,000 reservists, in what could be preparation for a possible ground operation.


No decision was immediately announced and some commentators speculated in the Israeli media the move could be psychological warfare against Gaza's Hamas rulers. A quota of 30,000 reservists had been set earlier.


Israel began bombing Gaza on Wednesday with an attack that killed the Hamas military chief. It says its campaign is in response to Hamas missiles fired on its territory. Hamas stepped up rocket attacks in response.


Israeli police said a rocket fired from Gaza landed in the Jerusalem area, outside the city, on Friday.


It was the first Palestinian rocket since 1970 to reach the vicinity of the holy city, which Israel claims as its capital, and was likely to spur an escalation in its three-day old air war against militants in Gaza.


Rockets nearly hit Tel Aviv on Thursday for the first time since Saddam Hussein's Iraq fired them during the 1991 Gulf War. An air raid siren rang out on Friday when the commercial centre was targeted again. Motorists crouched next to cars, many with their hands protecting their heads, while pedestrians scurried for cover in building stairwells.


The Jerusalem and Tel Aviv strikes have so far caused no casualties or damage, but could be political poison for Netanyahu, a conservative favored to win re-election in January on the strength of his ability to guarantee security.


"The Israel Defence Forces will continue to hit Hamas hard and are prepared to broaden the action inside Gaza," Netanyahu said before the rocket attacks on the two cities.


Asked about Israel massing forces for a possible Gaza invasion, Hamas spokesman Sami Abu Zuhri said: "The Israelis should be aware of the grave results of such a raid and they should bring their body bags."


Officials in Gaza said 28 Palestinians had been killed in the enclave since Israel began the air offensive with the declared aim of stemming surges of rocket strikes that have disrupted life in southern Israeli towns.


The Palestinian dead include 12 militants and 16 civilians, among them eight children and a pregnant woman. Three Israelis were killed by a rocket on Thursday. A Hamas source said the Israeli air force launched an attack on the house of Hamas's commander for southern Gaza which resulted in the death of two civilians, one a child.


SOLIDARITY VISIT


A solidarity visit to Gaza by Egyptian Prime Minister Hisham Kandil, whose Islamist government is allied with Hamas but also party to a 1979 peace treaty with Israel, had appeared to open a tiny window to emergency peace diplomacy.


Kandil said: "Egypt will spare no effort ... to stop the aggression and to achieve a truce."


But a three-hour truce that Israel declared for the duration of Kandil's visit never took hold. Israel said 66 rockets launched from the Gaza Strip hit its territory on Friday and a further 99 were intercepted by the Iron Dome anti-missile system.


Israel denied Palestinian assertions that its aircraft struck while Kandil was in the enclave.


Israel Radio's military affairs correspondent said the army's Homefront Command had told municipal officials to make civil defence preparations for the possibility that fighting could drag on for seven weeks. An Israeli military spokeswoman declined to comment on the report.


The Gaza conflagration has stoked the flames of a Middle East already ablaze with two years of Arab revolution and a civil war in Syria that threatens to leap across borders.


It is the biggest test yet for Egypt's new President Mohamed Mursi, a veteran Islamist politician from the Muslim Brotherhood who was elected this year after last year's protests ousted military autocrat Hosni Mubarak.


Egypt's Muslim Brotherhood are spiritual mentors of Hamas, yet Mursi has also pledged to respect Cairo's 1979 peace treaty with Israel, seen in the West as the cornerstone of regional security. Egypt and Israel both receive billions of dollars in U.S. military aid to underwrite their treaty.


Mursi has vocally denounced the Israeli military action while promoting Egypt as a mediator, a mission that his prime minister's visit was intended to further.


A Palestinian official close to Egypt's mediators told Reuters Kandil's visit "was the beginning of a process to explore the possibility of reaching a truce. It is early to speak of any details or of how things will evolve".


Hamas fighters are no match for the Israeli military. The last Gaza war, involving a three-week long Israeli air blitz and ground invasion over the New Year period of 2008-2009, killed more than 1,400 Palestinians, mostly civilians. Thirteen Israelis died.


Tunisia's foreign minister was due to visit Gaza on Saturday "to provide all political support for Gaza" the spokesman for the Tunisian president, Moncef Marzouki, said in a statement.


The United States asked countries that have contact with Hamas to urge the Islamist movement to stop its rocket attacks.


Hamas refuses to recognize Israel's right to exist. By contrast, Palestinian President Mahmoud Abbas, who rules in the nearby West Bank, does recognize Israel, but peace talks between the two sides have been frozen since 2010.


Abbas's supporters say they will push ahead with a plan to have Palestine declared an "observer state" rather than a mere "entity" at the United Nations later this month.


(Additional reporting by Maayan Lubell, Jeffrey Heller and Crispian Balmer in Jerusalem; Writing by Jeffrey Heller; Editing by Giles Elgood)


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GameStop profit beats forecast; cautiously eyes holiday
















SAN FRANCISCO (Reuters) – GameStop Corp, the world’s largest retailer of videogame products, reported a stronger-than-expected profit on Thursday but lowered its sales forecast for this year due to uncertainty around the holiday shopping season as the video game market struggles.


Grapevine, Texas-based GameStop forecast same-store sales in 2012 would drop 6 percent to 9 percent, compared with a 2 to 10 percent decline projected previously.













“We’ve continued to find new ways to drive revenues and margins in our stores and that’s enabled us to hold on to some earnings in these difficult times,” Chief Financial Officer Rob Lloyd said in an interview.


“We’re still a little bit cautious in that it’s a difficult environment in which to forecast because the industry has been down,” Lloyd said. “And we’ve got uncertainty surrounding what the supply of the (Nintendo)Wii U is going to be.”


Nintendo Co Ltd is gearing up to launch its Wii U video game console on November 18. It is the first new home console device to be sold by a major gaming company in more than six years.


GameStop hopes the start of a new console cycle with the Wii U launch and just-released high quality games like Microsoft Corp’s “Halo 4″ and Activision Blizzard’s “Call of Duty: Black Ops II” will boost hardware and software sales this holiday season.


GameStop’s shares rose 4.25 percent to $ 24.48 in afternoon trading on the New York Stock Exchange.


Sterne Agee analyst Arvind Bhatia said investors seem more comfortable now with the company’s recent efforts to drive profitability.


In the last two years, the company has been tackling decelerating video game sales in a tough market by diversifying its revenue sources, selling electronics like tablets, digital video games and used games.


The games retailer said it had repurchased stock worth $ 76.8 million in the third quarter and announced that its board had approved a new $ 500 million share buy-back plan to replace its existing $ 242 million repurchase plan. It also announced a quarterly dividend of 25 cents, same as last quarter.


The company reported adjusted net earnings per share of 38 cents in the third quarter, beating analysts’ expectations of 32 cents.


“Earnings per share was quite impressive, driven by gross margins being strong and cost control,” Sterne Agee’s Bhatia said.


GameStop said it expects comparable store sales to range between down 7 percent and up 1 percent in the fourth quarter. It forecast earnings per share between $ 2.07 to $ 2.27 for the period.


Sales of traditional videogame products such as consoles have been pressured globally by lower-priced online offerings and gamers spending more time on tablet computers and cell phones.


Total U.S. sales of videogame software in October dropped 25 percent from a year ago, following a similar trend throughout the third quarter, according to a report by market research firm NPD.


GameStop said sales fell 8.9 percent to $ 1.77 billion. Analysts were expecting sales of $ 1.79 billion, according to Thomson Reuters I/B/E/S.


Adjusted earnings were $ 47.2 million, compared with $ 53.9 million a year ago. The company maintained its previously announced full-year earnings outlook of between $ 3.10 per share to $ 3.30 per share.


(Reporting by Malathi Nayak; editing by John Wallace, Maureen Bavdek, David Gregorio and Dan Grebler)


Internet News Headlines – Yahoo! News



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'Survivor' Artis: 'Abi Was Abusive'

In another edge-of-your-seat episode of this roller coaster season of Survivor, a critical member of the Tandang tribe flipped, causing Louisiana native Artis Silvester to be sent packing. ETonline gets the scoop from the 53-year-old computer engineer on what he really thought of his alliance-mate Abi, his take on Lisa's big move, and how having survived cancer affected his approach to the game.

ETonline: So, were you surprised when your name was called last night?

Artis: No, not at all. Actually, it's the only thing, the smartest move that they could have made. And I knew that. I was disappointed that I wasn't able to keep a particular person in my corner. But as far as the votes, see the way that the votes came out, they came out exactly like I thought they did. Except for that [swing] vote. Once I saw that vote, I thought, "Oh, I couldn't do a good enough job to convince that person to stay with me." And that's when you saw me put my head down 'cause I knew I was going home.

ETonline: I thought it was very magnanimous of you in the closing credits when you were saying that you thought it was great the way that it ended. And that said a lot about your respect for the game, I think.

Artis: Yes! It is a game. I have no problems with anybody's game. ... You know 'cause it is a game. You can't control people, [they] are gonna do what they're gonna do, what they feel is best for them. And even if it's not, in their mind if they feel that it is the best move that they can make, then they're gonna do it. And the other situation is you have some people that play for the million dollars. And you have some people that take Survivor, and they actually believe that it's their stepping stone to fame and fortune and stardom. I wasn't like that. I came there for the money. The game is great, and if you play the game like that. Jeff's job is to edit; the host's job is to edit the game. He can give them the material. You can't go out there trying to help him with his material, because you have this ulterior motive. But, like I said, you can only do so much. And I had a blast.

Related: Lisa Whelchel Snuffs Blair's Torch on 'Survivor'

ETonline: Great. So when you went into that vote, did you know Skupin was going to go the other way?

Artis: Absolutely. Absolutely. There was no doubt in my mind. That was the one time that Mike had any power whatsoever. Mike could do what he wanted to do and not suffer any consequences. And that's what he was looking for. He was looking for an avenue where he could do something, and not suffer any consequences. That was the one time he could do it. 'Cause he had the immunity idol. You take that idol away, and I guarantee you he doesn't do what he does.

ETonline: I noticed in the episode last night, Skupin talked about how he and Lisa were going to be going together 'til the end, and always voted the same way. But Lisa ended up voting with Tandang last night. So I was wondering if you think that she, knowing that Skupin was gonna vote for you, that she felt like she could still vote with Tandang and appear to be loyal, even though she knew you were going home.

Artis: I think Lisa is loyal to Tandang, because Lisa is genuinely loyal to Tandang. She did things that people didn't agree with, myself included. But in her mind's eye, she did things for the betterment of the tribe. Again, she's also one, where she falls into that thing where you gotta make a big move, "Well, this is my big move. And my big move will also help my tribe." I can't fault her for that. Can't get mad at her for that. You know? For people to jump on her like that-- like, why? I mean, there was no need to jump on her like that. I mean, I was disappointed at her move. I told her I was disappointed at it. ... I said "I'm not disappointed in your game play, I know you're gonna make moves. I just wish you had told me you were gonna do it before you did it. Because your move directly affects, impacts, what happens to me in the rest of the game. Or anybody else as well. You know, I'm not mad at what you did, I'm just mad at how you did it." And I told her, "We're still good. We're still good. I have no bias, you're still my girl! Don't worry about it."

Related: Survivor's Jeff Kent: Lisa Burned Bridges

ETonline: And going along those lines. Abi was very direct with everyone in the game. And kind of maybe was a little too honest. Do you think that her outbursts ended up putting a target on your back, because you were in an alliance with her?

Artis: First of all, let's call it what it is. Abi was not honest. Abi was abusive. There's a big difference. There's a huge difference between being honest, and being abusive. Abi was abusive. Alright? Again, I don't know if after getting cast, that she decided that was the character she was gonna portray. ... If so, I would like to say well done, but I'm not. On the other side of the coin, if that is who she is, then there's a lot to be said there as well.

ETonline: Yeah.

Artis: So I guess she figured that you know, "If nobody likes me, they'll take me to the end." And for the most part, that's right. But I'm just not a fan of that philosophy. Because, you don't know what goes in the minds of other people, alright. And at that point in time, you are actually really competing for the million dollars. And you're probably sitting there with your chest stuck out, all big and proud, thinking that because you brought Abi to the end, and nobody likes her, that you're automatically gonna get that gold. But you don't know what goes on in the psyche of a human being's mind. They could flip around and say nobody likes her, but they refuse to get rid of her, and she's still there. Now they give her the million dollars, and then you're gonna feel like an ass. Now if you pressed me, I would never take Abi to the end. I wouldn't even give her the opportunity to have a shot at the million dollars in a situation like that. I believe you need to earn that shot.

ETonline: If you could go back, and do anything over again, would you do anything differently?

Artis: Yes. Probably two things. One of two things, depending on how they played out. First is I would've went to Jeff, before Jeff got voted out, and let him know that he was on the block. And see if he could get his people together, and we get rid of Mike. Alright. Tandang still would've been up in the numbers. I like Jeff. Jeff would've still been in the game. Jeff's own tribe [member], Penner, got rid of Jeff. He did, Penner literally got rid of Jeff. I would've went to Jeff. Other than that, I might-- you know, looking back at it now, I'm thinking that I might have sided with Penner. But I really don't think that I would take that route. I think that the move I would've made would've been to go with Jeff and get Jeff to get rid of Mike. Penner's an excellent player. But he better be. You play this game this game three times, and you still haven't learned nothing? You should stay your ass at home. You know? Again, you play it three times-- you play it two times you're supposed to win. The third time, if you don't get that check, you really do need to stop playing. Regardless of what everybody thinks about you.

ETonline: Why do you think that Penner was able to break the Tandang alliance ultimately? And do you think it was him that was ultimately responsible for swaying Skupin?

Artis: No, Mike was gonna leave regardless. He didn't even have to say anything. All Penner would have to do is say [was], "Hello, Mike?" and Mike would've been like, "I'm there." He was gone. He was gone so fast. All he needed was somebody just to say hello to him.

ETonline: So I saw in your profile, I don't think this really came out much in the show, but you have beaten cancer in the past. Congratulations on that.

Artis: Thank you.

ETonline: How did that affect how you approached playing Survivor?

Artis: Before I got cancer, as I would watch the show, I thought I would play one way. 'Cause before cancer I was this monster of a man. I mean I literally was huge. I'm not even half the size of what I was before I got cancer. I was literally a rock solid monster. So I'm just thinking of all these things that I would've done. But after going through it, and being given a whole new outlook on life, you know -- before playing the game I didn't care. I wouldn't have cared about hurting your feelings. Nothing like that, I wouldn't have cared anything. I just would've squashed you on my way to the end. But now, when I play this time, understanding that it is a game, I'm gonna play hard. I don't care if you like me. Liking me is irrelevant. But I never want to see anyone hurt. You know, because it is a game. And you should not be hurt by a game. So, a softer side of me played this game. Until we started competing, because I always compete hard and heavy.

Related: Exclusive First Look: 'Survivor' Reaches the Merge

ETonline: Cool. So one last question. Who do you think is going to be victorious in the end?

Artis: I don't know. Because who I thought was gonna be victorious is not there. I thought it was gonna be me! Without a doubt, I hands down was like, "I got this!" But now, it's just a wild card, I just have to look. I have to watch and see what I wanna do. You know, where I want to give my vote. Who I want to give the money to. I have to watch and see who's left. And then evaluate, of the people left, who I wanna give this money to. I have no frontrunner. My frontrunner was me. And if anybody who plays the game says anything other than that, they shouldn't have played the game.

ETonline: Great. This season to me, having watched many seasons of Survivor, seems to be one of the most up-in-the-air that I've ever seen. So it's really anyone's guess.

Artis: It sure is. I'm interested to see who's still left and who comes home next.

Survivor: Philippines airs on CBS on Wednesday nights at 8/7 c.

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Diabetes rates rocket in Oklahoma, South

NEW YORK (AP) — The nation's diabetes problem is getting worse, and the biggest jump over 15 years was in Oklahoma, according to a new federal report issued Thursday.

The diabetes rate in Oklahoma more than tripled, and Kentucky, Georgia and Alabama also saw dramatic increases since 1995, the study showed.

The South's growing weight problem is the main explanation, said Linda Geiss, lead author of the report by the Centers for Disease Control and Prevention study.

"The rise in diabetes has really gone hand in hand with the rise in obesity," she said.

Bolstering the numbers is the fact that more people with diabetes are living longer because better treatments are available.

The disease exploded in the United States in the last 50 years, with the vast majority from obesity-related Type 2 diabetes. In 1958, fewer than 1 in 100 Americans had been diagnosed with diabetes. In 2010, it was about 1 in 14.

Most of the increase has happened since 1990.

Diabetes is a disease in which the body has trouble processing sugar; it's the nation's seventh leading cause of death. Complications include poor circulation, heart and kidney problems and nerve damage.

The new study is the CDC's first in more than a decade to look at how the nationwide boom has played out in different states.

It's based on telephone surveys of at least 1,000 adults in each state in 1995 and 2010. Participants were asked if a doctor had ever told them they have diabetes.

Not surprisingly, Mississippi — the state with the largest proportion of residents who are obese — has the highest diabetes rate. Nearly 12 percent of Mississippians say they have diabetes, compared to the national average of 7 percent.

But the most dramatic increases in diabetes occurred largely elsewhere in the South and in the Southwest, where rates tripled or more than doubled. Oklahoma's rate rose to about 10 percent, Kentucky went to more than 9 percent, Georgia to 10 percent and Alabama surpassed 11 percent.

An official with Oklahoma State Department of Health said the solution is healthier eating, more exercise and no smoking.

"And that's it in a nutshell," said Rita Reeves, diabetes prevention coordinator.

Several Northern states saw rates more than double, too, including Washington, Idaho, Montana, Wyoming, South Dakota, Minnesota, Missouri, Ohio and Maine.

The study was published in CDC's Morbidity and Mortality Weekly Report.

___

Associated Press writer Ken Miller in Oklahoma City contributed to this report.

___

Online:

CDC report: http://tinyurl.com/cdcdiabetesreport

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Wall Street ends flat as wary investors stay defensive

NEW YORK (Reuters) - Stocks were little changed on Thursday as the prospect of a drawn-out battle over impending tax and spending changes made investors wary of getting into the water, while retailer Wal-Mart tumbled after disappointing sales.


The S&P 500 is down nearly 2 percent for the week, adding to last week's selloff and eroding more of the market's gains for the year.


What had looked like a stellar 2012 for stocks has turned into merely an average year, and as 2012 draws to a close, investors are becoming more inclined to protect the gains they have.


The worry is the economy could contract again if no deal is reached in Washington to avoid the "fiscal cliff" - large, automatic budget cuts and tax hikes that begin to take effect in the new year.


Combined with the euro zone debt crisis, the uncertain outlook for corporations makes it hard to know how much a stock is worth, said Alan Lancz, president of Alan B. Lancz & Associates in Toledo, Ohio.


"Valuation is going to be uncertain because you don't know what the growth will be," said Lancz. "That is definitely not a good scenario for someone to step up to the plate and do a lot of buying."


The euro zone relapsed into its second recession since 2009 in the third quarter as the region was hurt by its debt problems.


Wal-Mart fell 3.6 percent to $68.72 and was the biggest drag on the Dow as frugal consumers hurt the company's quarterly sales.


Investors will be watching Friday's meeting at the White House between President Barack Obama and Republican and Democratic leaders of Congress over deficit reduction for any sign the two sides are moving closer.


The memory of last year's political impasse over raising the debt ceiling has also made analysts nervous.


"(There is) uncertainty of whether we're going to have a functioning government going forward. That is a weight that sits on markets right now," said Troy Logan, managing director and senior economist at Warren Financial Service in Exton, Pennsylvania.


Even if the economy avoids an outright recession, there are fears a lengthy political dispute could sap business investment and consumer spending.


The Dow Jones industrial average <.dji> slipped 28.49 points, or 0.23 percent, to 12,542.46. The Standard & Poor's 500 Index <.spx> lost 2.16 points, or 0.16 percent, to 1,353.33. The Nasdaq Composite Index <.ixic> was off 9.87 points, or 0.35 percent, to 2,836.94.


The S&P 500 sunk to a 3 1/2-month closing low and was well below its 200-day moving average, which it pierced last week.


Data on Thursday showed new claims for unemployment benefits surged last week, while factory activity in the mid-Atlantic region unexpectedly shrank in November as the economy felt the effects of superstorm Sandy.


A flare-up in violence in the Middle East added to market unease as Israeli warplanes bombed targets in and around Gaza city for a second day, while two rockets fired from the Gaza Strip targeted Tel Aviv.


Apple Inc shares dragged the Nasdaq lower, falling 2.1 percent to $525.62 and down about 25 percent since September's high.


Also in the tech sector, shares of Dell Inc fell in after-hours trading after it reported revenue that was shy of Wall Street's expectations. Dell was down 2.2 percent at $9.35.


Target Corp bucked the trend, rising 1.7 percent to $62.44 after it reported a profit that beat expectations.


Volume was roughly 7.26 billion shares on the New York Stock Exchange, the Nasdaq and the NYSE MKT, topping the year-to-date average daily closing volume of around 6.5 billion.


Decliners outnumbered advancers on the NYSE by 2,069 to 975 on the New York Stock Exchange. Decliners also had the upper hand on the Nasdaq, outpacing advancers 1,506 to 948.


(Editing by Kenneth Barry)


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Rockets hit near Tel Aviv as Gaza death toll rises

GAZA (Reuters) - Two rockets fired from the Gaza Strip targeted Tel Aviv on Thursday in the first attack on Israel's commercial capital in 20 years, raising the stakes in a showdown between Israel and the Palestinians that is moving toward all-out war.


Earlier, a Hamas rocket killed three Israelis north of the Gaza Strip, drawing the first blood from Israel as the Palestinian death toll rose to 16, five of them children.


Israeli warplanes bombed targets in and around Gaza city for a second day, shaking tall buildings. In a sign of possible escalation, the armed forces spokesman said the military had received the green light to call in up to 30,000 reserve troops.


Plumes of smoke and dust furled into a sky laced with the vapor trails of outgoing rockets over the crowded city, where four young children killed on Wednesday were buried.


Israeli Defence Minister Ehud Barak said Palestinian militants would pay a price for firing the missiles.


At about the same time, Israeli aircraft conducted a wave of night raids on targets throughout the enclave, unleashing more than 25 strikes in swift succession.


An electricity generator supplying the home of Hamas prime minister Ismail Haniyeh by the Gaza shore was hit by an Israeli missile.


The conflict, launched by Israel with the killing of Hamas's military chief, pours oil on the fire of a Middle East already ablaze with two years of revolution and an out-of-control civil war in Syria.


Egypt's new Islamist President Mohamed Mursi, viewed by Hamas as a protector, led a chorus of denunciation of the Israeli strikes by Palestinian allies.


Mursi's prime minister, Hisham Kandil, will visit Gaza on Friday with other Egyptian officials in a show of support for the enclave, an Egyptian cabinet official said. Israel promised that the delegation would come to no harm.


Israel says its attack is in response to escalating missile strikes from Gaza. Israel's bombing has not yet reached the saturation level seen before it last invaded Gaza in 2008, but Israeli officials have said a ground assault is still an option.


Israeli police said three Israelis died when a rocket hit a four-story building in the town of Kiryat Malachi, 25 km (15 miles) north of Gaza, the first Israeli fatalities of the latest conflict to hit the coastal region.


Air raid sirens sent residents running for shelter in Tel Aviv, a Mediterranean city that has not been hit by a rocket since the 1991 Gulf War. Israeli sources said one rocket landed in the sea, while another landed in an uninhabited area of the Tel Aviv suburbs.


The Tel Aviv metropolitan area holds more than 3 million people, more than 40 percent of Israel's population.


"This escalation will exact a price that the other side will have to pay," Barak said in a television broadcast shortly after the strike.


Speaking at the same time in Gaza, Hamas leader Haniyeh urged Egypt to do more to help the Palestinians.


"We call upon the brothers in Egypt to take the measures that will deter this enemy," the Hamas prime minister said.


After watching powerlessly from the sidelines of the Arab Spring, Israel has been thrust to the centre of a volatile new world in which Islamist Hamas hopes that Mursi and his newly dominant Muslim Brotherhood in Egypt will be its protectors.


"The Israelis must realize that this aggression is unacceptable and would only lead to instability in the region and would negatively and greatly impact the security of the region," Mursi said.


The new conflict will be the biggest test yet of Mursi's commitment to Egypt's 1979 peace treaty with Israel, which the West views as the bedrock of Middle East peace.


The Muslim Brotherhood, which brought Mursi to power in an election after the downfall of Hosni Mubarak, has called for a "Day of Rage" in Arab capitals on Friday. The Brotherhood is seen as the spiritual mentors of Hamas.


ASSASSINATION


The Gaza offensive began on Wednesday when a precision Israeli air strike killed Hamas military mastermind Ahmed Al-Jaabari. Israel then began shelling the enclave from land, air and sea.


At Jaabari's funeral on Thursday, supporters fired guns in the air celebrating news of the Israeli deaths, to chants for Jaabari of "You have won."


His corpse was borne through the streets wrapped in a bloodied white sheet. But senior Hamas figures were not in evidence, wary of Israel's warning they are in its crosshairs.


The Israeli army said 250 targets were hit in Gaza, including more than 130 rocket launchers. It said more than 270 rockets had struck Israel since the start of the operation, with its Iron Dome interceptor system shooting down more than 105 rockets headed for residential areas.


Expecting days or more of fighting and almost inevitable civilian casualties, Israeli warplanes dropped leaflets in Gaza telling residents to stay away from Hamas and other militants.


The United States condemned Hamas, shunned by the West as an obstacle to peace for its refusal to renounce violence and recognize Israel.


"There is no justification for the violence that Hamas and other terrorist organizations are employing against the people of Israel," said Mark Toner, deputy State Department spokesman.


The U.N. Security Council held an emergency meeting late on Wednesday, but took no action.


French President Francois Hollande has begun talks with Israeli Prime Minister Benjamin Netanyahu and other world leaders in an attempt to avert an escalation of violence in the Gaza Strip, Prime Minister Jean-Francois Ayrault said.


"GATES OF HELL"


Israel's sworn enemy Iran, which supports and arms Hamas, condemned the Israeli offensive as "organized terrorism". Lebanon's Iranian-backed Shi'ite militia Hezbollah, which has its own rockets aimed at the Jewish state, denounced strikes on Gaza as "criminal aggression", but held its fire. The Organisation of Islamic Cooperation condemned Israel's action.


Oil prices rose more than $1 as the crisis grew. Israeli shares and bonds fell, while Israel's currency rose off Wednesday's lows, when the shekel slid more than 1 percent to a two-month low against the dollar.


A second Gaza war has loomed on the horizon for months as waves of Palestinian rocket attacks and Israeli strikes grew increasingly intense and frequent. Netanyahu, favored in polls to win a January 22 general election, said the Gaza operation could be stepped up.


His cabinet has granted authorization for the mobilization of military reserves if required to press the offensive, dubbed "Pillar of Defence" in English and "Pillar of Cloud" in Hebrew after the Israelites' divine sign of deliverance in Exodus.


Hamas has said the killing of its top commander in a precise, death-from-above air strike, would "open the gates of hell" for Israel. It appealed to Egypt to halt the assault.


Israel has been anxious since Mubarak was toppled last year in the Arab Spring revolts that replaced secularist strongmen with elected Islamists in Egypt, Tunisia and Libya, and brought civil war to Israel's other big neighbor Syria.


Cairo recalled its ambassador from Israel on Wednesday. Israel's ambassador left Cairo on what was called a routine home visit and Israel said its embassy would stay open.


Gaza has an estimated 35,000 Palestinian fighters, no match for Israel's F-16 fighter-bombers, Apache helicopter gunships, Merkava tanks and other modern weapons systems in the hands of a conscript force of 175,000, with 450,000 in reserve.


(Additional reporting by Jeffrey Heller in Jerusalem, Erika Solomon in Beirut, John Irish in Paris. Marwa Awad in Cairo.; Writing by Douglas Hamilton; Editing by Crispian Balmer and Giles Elgood)


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