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Research In Motion sues Motorola over patents
Patent Law | 2008/02/18 10:39

BlackBerry-maker Research In Motion has sued Motorola, over what the Canadian company says are patent infringements and "exorbitant" licensing fees, according to court documents. The civil action, filed on Friday in U.S. District Court for the Northern District of Texas, alleges that Motorola infringed on a number of patents held by RIM.

In addition, RIM alleges that Motorola "is demanding exorbitant royalties...for patents that Motorola claims are essential to various standards for mobile wireless telecommunications and wireless computing that RIM practices."

This includes technology that allows mobile telephone handset users to use Wi-Fi, RIM said.

At the same time, Motorola is refusing to acknowledge or pay royalties for certain patents held by RIM, the BlackBerry-maker said.

RIM claims that Motorola's response to the "declining fortunes" of its own handset business can been seen in dramatic increases in royalties charged to RIM. None of the allegations has been proved in court.

RIM's worldwide subscriber base of about 12 million includes business executives, politicians and professionals who rely on the BlackBerry to send secure e-mails. BlackBerry has been expanding from its mainstay enterprise market into the consumer sector with sleeker handsets that offer a range of services in addition to e-mail.



Former President Bush endorses McCain
Politics | 2008/02/18 10:37
Sen. John McCain, trying to solidify his support among conservatives amid resolute competition from former Arkansas Gov. Mike Huckabee, today won the endorsement of former President George Bush.

Welcoming "an old friend back to Texas," Bush called McCain -- who served as a Navy pilot during the Vietnam War and was captured and tortured by the Viet Cong -- "a remarkable patriot."

"Few men walking among us have sacrificed so much in the cause of human freedom," the former president said, adding that McCain has "the right values and experience to guide our nation forward at this historic moment."

Asked about conservative unease with McCain, the 41st president read from the diaries of former President Ronald Reagan, who was also assailed by the Right during his presidency for being "a turncoat." Bush dismissed conservative criticism of McCain as "an unfair attack," and said the Arizona senator has "a sound conservative record but not above reaching out to the other side,"

For his part, McCain, who has parted company from conservatives on immigration, taxes and campaign finance, said he welcomed the Bush endorsement and hoped it would help him rally the party behind him to begin waging a battle against Democrats.

"We as a party must unite and move forward and attract not only members of our own party but independents and so-called Reagan Democrats," McCain said, adding that Democrats had been wrong when they said the surge in Iraq would not work and should be held accountable for their position.

As McCain worked to tighten his hold on the Republican nomination, Democrats Hillary Rodham Clinton and Barack Obama were battling it out for votes ahead of Tuesday's Wisconsin and Hawaii primaries.


Employer retaliation cases reach U.S. Supreme Court
Law Center | 2008/02/18 05:44
Employers, managers, and supervisors wield enormous power in the workplace over the lives and wellbeing of their employees.

Congress has recognized that sometimes this power can be abused by managers who retaliate if they don't like something that employee has said or done.

This week, the US Supreme Court will hear oral arguments in two cases examining how, when – or even if – employees can fight back against such abuses of power. On Tuesday, the high court will examine whether a US postal worker can claim retaliation in a lawsuit under the Age Discrimination in Employment Act because she says her supervisor refused to let her return to her old job because he didn't like her personally. Instead, he hired a younger, less experienced worker.

On Wednesday, the justices will hear the case of a former assistant manager at a Cracker Barrel restaurant who alleges he was fired in retaliation for his repeated complaints about racial prejudice by his supervisor.

In both cases the laws cited do not explicitly authorize legal action in response to an act of retaliation. Lawyers for the employees say retaliation is a particularly virulent form of illegal discrimination and thus falls within the scope of the US's civil rights laws even when those laws don't specifically mention retaliation.

Lawyers for companies and supervisors counter that if Congress wanted to authorize lawsuits to punish acts of retaliation, it would have written it into each statute.



SoCal Slaughterhouse at Center of Recall
Consumer Rights | 2008/02/18 05:39
An undercover video showing crippled and sick animals being shoved with forklifts has led to the largest beef recall in the United States and a scramble to find out if any of the meat is still destined for school children's lunches.

The U.S. Department of Agriculture on Sunday ordered the recall of 143 million pounds of beef from a Southern California slaughterhouse that is the subject of an animal-abuse investigation.

The recall will affect beef products dating to Feb. 1, 2006, that came from Chino-based Westland/Hallmark Meat Co., the federal agency said. The company provided meat to various federal programs.

Secretary of Agriculture Ed Schafer said his department has evidence that Westland did not routinely contact its veterinarian when cattle became non-ambulatory after passing inspection, violating health regulations.

"Because the cattle did not receive complete and proper inspection, Food Safety and Inspection Service has determined them to be unfit for human food and the company is conducting a recall," Schafer said in a statement.

A phone message left for Westland president Steve Mendell was not returned Sunday.

Agriculture officials said the massive recall surpasses a 1999 ban of 35 million pounds of ready-to-eat meats. No illnesses have been linked to the newly recalled meat, and officials said the health threat was likely small.

Officials estimate that about 37 million pounds of the recalled beef went to school programs, but they believe most of the meat probably has already been eaten.

"We don't know how much product is out there right now. We don't think there is a health hazard, but we do have to take this action," said Dr. Dick Raymond, USDA Undersecretary for Food Safety.

Federal officials suspended operations at Westland/Hallmark after an undercover video from the Humane Society of the United States surfaced showing crippled and sick animals being shoved with forklifts.

Two former employees were charged Friday. Five felony counts of animal cruelty and three misdemeanors were filed against a pen manager. Three misdemeanor counts — illegal movement of a non-ambulatory animal — were filed against an employee who worked under that manager. Both were fired.

Authorities said the video showed workers kicking, shocking and otherwise abusing "downer" animals that were apparently too sick or injured to walk into the slaughterhouse. Some animals had water forced down their throats, San Bernardino County prosecutor Michael Ramos said.

No charges have been filed against Westland, but an investigation by federal authorities continues.

About 150 school districts around the nation have stopped using ground beef from Hallmark Meat Packing Co., which is associated with Westland. Two fast-food chains, Jack-In-the-Box and In-N-Out, said they would not use beef from Westland/Hallmark.

Most of the beef was sent to distribution centers in bulk packages. The USDA said it will work with distributors to determine how much meat remains.

Federal regulations call for keeping downed cattle out of the food supply because they may pose a higher risk of contamination from E. coli, salmonella or mad cow disease since they typically wallow in feces and their immune systems are often weak.

Upon learning about the recall, some legislators criticized the USDA, saying the federal agency should conduct more thorough inspections to ensure tainted beef doesn't get to the public.

"Today marks the largest beef recall in U.S. history, and it involves the national school lunch program and other federal food and nutrition programs," said U.S. Sen. Tom Harkin, chairman of the Chairman of the Senate Committee on Agriculture, Nutrition and Forestry. "This begs the question: How much longer will we continue to test our luck with weak enforcement of federal food safety regulations?"

Advocacy groups also weighed in, noting the problems at Westland wouldn't have been revealed had it not been for animal right activists.

"On the one hand, I'm glad that the recall is taking place. On the other, it's somewhat disturbing, given that obviously much of this food has already been eaten," said Jean Halloran, director of food policy initiatives at Consumers Union. "It's really closing the barn door after the cows left."



Germany expands probe of Liechtenstein tax evasion
International | 2008/02/18 03:50
Investigators probing alleged tax evasion by Germans stashing money abroad mounted more raids Monday in and around Munich, where several major businesses are based.

Christian Schmidt-Sommerfeld, Munich's chief prosecutor, said the raids were done in cooperation with investigators in Bochum who are looking into more claims of tax evasion, following the resignation of Klaus Zumwinkel, chief executive of Deutsche Post. Bochum prosecutors last week said Zumwinkel is suspected of evading about 1 million euros ($1.5 million) in taxes by transferring money to tax haven Liechtenstein.

German Chancellor Angela Merkel made clear Monday that she will press Liechtenstein for greater transparency, arguing that the tiny country's reputation is at stake.

So far, no other people suspected in the investigation have been named, but the government acknowledged over the weekend that its Federal Intelligence Service, or BND, had paid an informant some euro5 million ($7.3 million) for a list with the names of account holders from a Liechtenstein bank.

"The government received an unsolicited offer of information," Ulrich Wilhelm, Chancellor Angela Merkel's spokesman told reporters Monday.



Bad beef sparks alert in schools, recall
Consumer Rights | 2008/02/18 03:44

An animal abuse investigation at a California slaughterhouse has led to the largest beef recall in the nation's history - the bulk of which was sent to school lunch programs.

The U.S. Department of Agriculture recalled 143 million pounds of frozen beef Sunday, suspecting some of it came from steers too sick to stand up.

Up to 37 million pounds of the questionable meat went to school programs and officials fear it has already been eaten by thousands of children.

"We don't know how much product is out there right now. We don't think there is a health hazard, but we do have to take this action," said Dr. Dick Raymond, USDA undersecretary for food safety.

Raymond said no illnesses have been linked to recalled beef. Schools spokeswoman Melody Meyer could not say yesterday whether any of the recalled meat has been served in city schools.

"We will have to review the situation as more facts are known," Meyer said. "We're not going to serve any beef until we confirm that the meat is safe."

City schools are closed this week for winter break. Officials hope to have more information before school resumes Feb. 25, Meyer said.

The recall was limited to frozen beef shipped from the Westland/Hallmark Meat Co. in Chino, Calif., dating from Feb. 1, 2006.

The slaughterhouse came under fire after an undercover Humane Society video showed sick cattle being shoved with a forklift, and workers kicking and shocking steers that were too sick or injured to walk.

Secretary of Agriculture Ed Schafer said Westland/Hallmark violated health regulations by frequently failing to have veterinarians examine sick cows.



Class action settlements against U.K airlines
World Business News | 2008/02/18 02:53
A class-action suit brought against two British airlines has netted airline customers in the U.S and Britain a US$59 million settlement.

The class action settlement will give complainants refunds on a fuel surcharge overcharge for flights taken between Aug. 11, 2004 and March 23, 2006.

The amount is part of more than US$200 million that British Airways and Virgin Atlantic Airways will pay to about eight million American and British customers.

The suit alleged that the two airlines illegally colluded to set a fuel surcharge that was 33 percent in excess of the normal market price.


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