Wednesday, March 27, 2013

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U.S. court questions public interest scope in Apple secrecy hearing

By Alina Selyukh

WASHINGTON (Reuters) - A federal appeals court aggressively questioned the scope of the public interest and trade secrets at a hearing on Tuesday over document secrecy in Apple Inc's patent litigation against Samsung Electronics Co Ltd.

A coalition of media advocacy groups and news organizations is asking the Federal U.S. Circuit Court of Appeals to uphold a lower court ruling that ordered the companies to unseal many financial documents filed in the high-stakes patent case.

Such a decision from the Washington-based appeals court would set an important precedent for high-level intellectual property cases, in which filing documents under seal has become almost standard procedure as companies try to keep their trade secrets and other sensitive business information from becoming public in court.

The coalition of media and free speech advocates, including the New York Times and Bloomberg, argued that access to the sealed information is important for the public to understand the judicial process and why one tech giant may ultimately prevail.

But the three-judge Federal Circuit panel, which specializes in patent cases, expressed concerns about whether their definition of trade secrets is too narrow and public interest, too broad.

"You really seem to be saying that a trade secret is the formula for Coke and not much else," said Judge William Bryson.

"If there are investors out there who are very interested in the (sealed financial data), are they part of the public interest?," he said, adding that such knowledge "wouldn't affect one's perception of the fairness of the proceeding."

U.S. District Judge Lucy Koh in San Jose, California had allowed Apple and Samsung to keep source code and details of patent licensing deals secret, but ordered them to reveal financial data and other information.

Apple and Samsung, who are accusing each other of patent violations as they vie for supremacy in a fast-growing market for mobile devices, argue that an unsealing order would spur a chilling effect on involving courts in future intellectual property disputes.

Reuters had intervened in the trial court to oppose many of the requests to seal. Koh's orders to reveal some sealed data are on hold pending the appeals court's decision.

"Most of the world would be shocked to find out that your financial data ... for products on the market today is not a trade secret," Federal Circuit Judge Sharon Prost said at the hearing on Tuesday.

The media companies have argued that the companies have not shown that unsealing documents would harm their business. Bryson on Tuesday also appeared to attempt to detach Samsung from Apple in the secrecy dispute, questioning Samsung's lack of its own proof of damages that unsealed documents would cause.

The Federal Circuit, when deciding issues not directly related to patents, uses legal precedents from regional federal appeals courts. Because the Apple/Samsung case was litigated in California, 9th Circuit case law will likely apply to the secrecy disputes.

The case in the Federal Circuit is Apple Inc vs. Samsung Electronics Co Ltd., 12-1600.

(Additional reporting by Dan Levine; Editing by Bernard Orr)

Source: http://news.yahoo.com/u-court-questions-public-interest-scope-apple-secrecy-184652924.html

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Tuesday, March 26, 2013

Unique mechanisms of antibiotic resistance identified

Mar. 26, 2013 ? As public health authorities across the globe grapple with the growing problem of antibiotic resistance, Tufts University School of Medicine microbiologists and colleagues have identified the unique resistance mechanisms of a clinical isolate of E. coli resistant to carbapenems. Carbapenems are a class of antibiotics used as a last resort for the treatment of disease-causing bacteria, including E. coli and Klebsiella pneumonia, which can cause serious illness and even death. Infections involving resistant strains fail to respond to antibiotic treatments, which can lead to prolonged illness and greater risk of death, as well as significant public health challenges due to increased transmission of infection.

The study, published in the April issue of Antimicrobial Agents and Chemotherapy, demonstrates the lengths to which bacteria will go to become resistant to antibiotics.

Resistance to carbapenems usually emerges through the acquisition of an enzyme, carbapenemase, which destroys the antibiotic intended to treat infection. Resistance may also block entry of the drug into the E-coli bacteria. The current research, led by corresponding author Stuart Levy, M.D., Professor of Molecular Biology & Microbiology and of Medicine and Director of the Center for Adaptation Genetics & Drug Resistance at Tufts University School of Medicine, sought to determine what made this particular clinical isolate of E. coli resistant to carbapenem in the absence of carbapenemase.

"The Centers for Disease Control and Prevention has documented a significant increase in Carbapenem-resistant Enterobacteriaceae (CRE) -- so-called 'super bugs' that have been found to fight off even the most potent treatments," Levy said. "We knew that bacteria could resist carbapenems, but we had never before seen E. coli adapt so extensively to defeat an antibiotic. Our research shows just how far bacteria will go with mutations in order to survive."

Levy and his colleagues determined that the E. coli genetically mutated four separate times in order to resist carbapenems. Specifically, the isolate removed two membrane proteins in order to prevent antibiotics from getting into the cell. The bacteria also carried a mutation of the regulatory protein marR, which controls how bacteria react in the presence of antibiotics. The isolate further achieved resistance by increasing expression of a multidrug efflux pump. Moreover, the researchers discovered that the E. coli was expressing a new protein, called yedS, which helped the drug enter the cell, but whose expression was curtailed by the marR mutation. yedS is a normally inactive protein acquired by some E. coli that affects how the drug enters the bacterial cell. It is generally expressed in bacteria through a mutation.

According to the Centers for Disease Control and Prevention, CRE germs have increased from 1% to 4% in the United States over the last decade. Forty-two states report having identified at least one patient with one type of CRE. Approximately 18% of long-term acute care hospitals in the United States and 4% of short-stay hospitals reported at least one CRE infection in the first half of 2012.

The clinical isolate of E. coli studied by Levy and his colleagues came from the sputum of a patient at Peking Union Medical College Hospital in Beijing, China, where three of the study authors are on the faculty. Drug resistance is a particularly serious public health concern in China, antibiotics are overprescribed and used widely in the livestock and farming industries.

"The first quinolone-resistant strains of bacteria came out of China, where we see that the drugs of last resort begin being used, because the other drugs don't work after so much overuse," Levy said.

Additional authors of the paper are Doug Warner, Director of Undergraduate Laboratories, Boston College; Qiwen Yang, Section Director of Clinical Microbiology, Department of Clinical Laboratory, Peking Union Medical College Hospital; Valerie Duval, Research Assistant at Tufts University Center for Adaptation Genetics and Drug Resistance; Minjun Chen, Professor of Clinical Microbiology, Peking Union Medical College Hospital; and Yingchun Xu, Chair, Department of Laboratory Medicine, Peking Union Medical College Hospital.

Research reported in this publication was supported by the National Institute of Allergies and Infectious Diseases of the National Institutes of Health under award number R01AI56021.

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The above story is reprinted from materials provided by Tufts University, via Newswise.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.


Journal Reference:

  1. D. M. Warner, Q. Yang, V. Duval, M. Chen, Y. Xu, S. B. Levy. Involvement of MarR and YedS in Carbapenem Resistance in a Clinical Isolate of Escherichia coli from China. Antimicrobial Agents and Chemotherapy, 2013; 57 (4): 1935 DOI: 10.1128/AAC.02445-12

Note: If no author is given, the source is cited instead.

Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment. Views expressed here do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/~3/9wv0dTUHF6I/130326112007.htm

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Frozen Samsung Galaxy s3

DH bought new Galaxy s3 yesterday. Charged it up. It seemed to be working fine. He was scrolling through and personalizing the settings. He opend the tutorial telling about verbal notifications. The screen froze and a notification on the screen said to double tap. Finally was able to power down. Removed the battery - and reinstalled it. Powered it up again - still frozen. Help

Source: http://support.t-mobile.com/thread/40244

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This Is Not A Smartwatch

this is not a smartwatchConfession: I have a few storage boxes in the loft containing old but barely used gadgets. Stowed away, still in their boxes, as if waiting for the right time to be brought out like unloved Christmas decorations. Among this collection there is even a smartwatch. Or rather a Bluetooth watch, to give it its correct title. The smartwatch of its day, if you will.

Source: http://feedproxy.google.com/~r/Techcrunch/~3/0uMUEn7PR4U/

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The Weirdest Thing on the Internet Tonight: Heart to Mouth

An expression of love can take many forms—be it a heartfelt letter, a thoughtful gesture, or, in this case, two women stroking each other's latex balloon heads. "I want to create a tension between the body and material-almost as though they become one," says Bart Hess, the Dutch artist behind this sapphic short film. [Nowness] More »


Source: http://feeds.gawker.com/~r/gizmodo/full/~3/QML0i672kz4/the-weirdest-thing-on-the-internet-tonight-heart-to-mouth

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Kerry arrives in Afghanistan on unannounced visit

KABUL (AP) ? U.S. Secretary of State John Kerry flew into Afghanistan on an unannounced visit Monday to see President Hamid Karzai amid concerns the Afghan president may be jeopardizing progress in the war against extremism with anti-American rhetoric.

Kerry arrived in the Afghan capital for a 24-hour visit, during which he is meeting with Karzai, civic leaders and others to discuss continued U.S. assistance to the country. Karzai has infuriated U.S. officials by accusing Washington of colluding with Taliban insurgents to keep Afghanistan weak even as the Obama administration presses ahead with plans to hand off security responsibility to Afghan forces and end NATO's combat mission by the end of next year.

Earlier Monday, the U.S. military ceded control of its last detention facility in Afghanistan, a year after the two sides initially agreed on the transfer. Karzai demanded control of the Parwan facility, located near the U.S.-run Bagram military base north of Kabul, as a matter of national sovereignty.

The top U.S. commander in Afghanistan, Gen. Joseph Dunford, handed over Parwan at a ceremony there after signing an agreement with Afghan Defense Minister Bismullah Khan Mohammadi. "This ceremony highlights an increasingly confident, capable and sovereign Afghanistan," Dunford said.

Kerry flew to Afghanistan from Amman, Jordan, where he spent the night after visiting Iraq on Sunday. In Baghdad, Kerry confronted Iraqi Prime Minister Nouri al-Maliki for continuing to grant Iran access to its airspace and said Iraq's behavior was raising questions about its reliability as a partner.

Before leaving Amman for Kabul, Kerry met with the head of Pakistan's army, Gen. Ashfaq Parvez Kayani.

Source: http://news.yahoo.com/kerry-arrives-afghanistan-unannounced-visit-105525330--politics.html

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