Feinstein has 'concern' about Rice's Benghazi talking points









Sen. Dianne Feinstein said Sunday that she has initiated a review of talking points used by U.N. Ambassador Susan Rice on the attack on the American diplomatic facility in Libya, with the goal of determining why the public comments appeared to conflict with the initial assessment of U.S. intelligence sources.


Feinstein, chair of the Senate Intelligence Committee, defended Rice against what she called the “politicization” of her comments on the battery of Sunday news shows in the wake of the Sept. 11 attack that led to the death of four Americans, including Ambassador Chris Stevens.


But the California senator also said she had “some concern” with the process that produced the unclassified “speaking points” that Rice worked off of, in which she said it was the administration’s preliminary view that the attacks were a spontaneous reaction to an anti-Islamic video, rather than a planned terrorist attack.





Feinstein, appearing on NBC’s “Meet the Press,” said that the now-former director of the Central Intelligence Agency, David H. Petraeus, had “very clearly said that it was a terrorist attack” in a meeting with lawmakers the day after the attack in Benghazi.


PHOTOS: U.S. ambassador killed in Libya


Asked then why Rice would not call the attack "terrorism" days later, Feinstein said it was because Petraeus’ view was based on information that was not yet cleared for public review.


“She could speak publicly only on unclassified speaking points. I have some concern with those speaking points,” Feinstein said. “We gave the direction yesterday that this whole process is going to be checked out. We are going to find out who made changes in the original statement. Until we do, I really think it's unwarranted to make accusations.”


Rep. Mike Rogers (R-Mich.), chair of the House Intelligence Committee, stopped short of saying information was withheld from initial talking points for political reasons.


Still, he said, “I know the narrative was wrong, and the intelligence was right.”


“The narrative, as it went from at least the CIA and other intelligence agencies, was accurate,” he said. “There were some policy decisions made based on the narrative that was not consistent with the intelligence that we had. That's my concern, and we need to say hey, we need to figure out how that happened.”


The episode involving Rice’s testimony on the Sept. 14 news shows is at the heart of Republicans’ questioning the administration’s handling of the Benghazi attack. More recently, it has become the basis for some lawmakers vowing to block the potential nomination of Rice to replace Hillary Rodham Clinton as secretary of State in President Obama’s second term.


Feinstein said it was not right for Rice to be “pilloried” for comments that were consistent with the approved statement she was given to speak off of. Sen. Lindsay Graham (R-S.C.) said that in considering a possible Rice nomination he was “not going to give her a plus for passing on a narrative that was misleading to the American people.”


PHOTOS: 2016 presidential possibilities


“I am very disappointed in Susan Rice … telling a story that was disconnected from reality that did make the president look good at a time when, quite frankly, the narrative should have been challenged not reinforced that Al Qaeda was dismantled,” he said.


Rep. Peter King (R-N.Y.) said that before appearing on the television shows, Rice should have had a fuller understanding of events.


“She certainly could have gotten the classified briefings. She would have sat down with the National Security Council, and she would have known that those talking points had been watered down, and she could have caveated that in her statement, which she didn't,” King said on ABC’s “This Week.” “President Obama said, don't blame Susan Rice because she had nothing to do with Benghazi. Then why did they send her out as the representative to the American people?”


Sen. John McCain (R-Ariz.) said on CBS’ “Face the Nation” that Rice has “a lot of explaining to do,” and should explain her comments if she is nominated.


“They said they wanted to not give classified assessment of what happened because they didn’t want to betray sources. Well if the classified assessment changed the unclassified assessment, then why in the world would you keep that information from the American people,” McCain said.


Sen. Dick Durbin (D-Ill.), a member of the Foreign Relations Committee, said it would be “totally unfair” to hold Rice responsible for simply relaying information she was given. He also accused McCain and Graham of hypocrisy for using the incident to potentially block a Rice nomination.


“Eight years ago when President Bush suggested Condoleezza Rice for secretary of State, some people said, ‘Well wait a minute, wasn’t she part of misleading the American people about intelligence information that led to our invasion of Iraq?’ And it was Sen. McCain and Sen. Graham who stood up and said, ‘Don’t hold her accountable for the intelligence that was given to her,’” Durbin said.


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michael.memoli@latimes.com


Twitter: @mikememoli





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'Twilight' finale dawns with $141.3M weekend

LOS ANGELES (AP) — The sun has set on the "Twilight" franchise with one last blockbuster opening for the supernatural romance.

"The Twilight Saga: Breaking Dawn — Part 2" sucked up $141.3 million domestically over opening weekend and $199.6 million more overseas for a worldwide debut of $340.9 million, according to studio estimates Sunday.

The finale ranks eighth on the list of all-time domestic debuts, and leaves "Twilight" with three of the top-10 openings, joining 2009's "New Moon" (No. 7 with $142.8 million) and last year's "Breaking Dawn — Part 1" (No. 9 with $138.1 million).

Last May's "The Avengers" is No. 1 with $207.4 million. "Batman" is the only other franchise with more than one top-10 opening: last July's "The Dark Knight Rises" (No. 3 with $160.9 million) and 2008's "The Dark Knight" (No. 4 with $158.4 million).

Though "Twilight" still is a female-driven franchise, with girls and women making up 79 percent of the opening-weekend audience, the finale drew the biggest male crowds in the series. Action-minded guys had more to root for in the finale as Kristen Stewart, Robert Pattinson and Taylor Lautner join in a colossal battle to end the story of warring vampires and werewolves.

"Our male audience particularly has enjoyed this film," said Richie Fay, head of distribution for Lionsgate, whose Summit Entertainment banner releases the "Twilight" movies. "With the action scenes in this one, we're hoping the holdover business will reflect the fact that males have kind of found it out."

The movie also helped lift Lionsgate into the big leagues among Hollywood studios. Paced by its $400 million smash with "The Hunger Games" and now the "Twilight" finale, Lionsgate surpassed $1 billion at the domestic box office for the first time.

Some box-office watchers had expected the last "Twilight" movie to open with a franchise record the way the "Harry Potter" finale did last year with $169.2 million, the second-best domestic debut on the charts.

"I thought that for the final installment, it might eclipse the franchise record, but to look at $141.3 million and say that's a disappointment, that's kind of crazy," said Paul Dergarabedian, an analyst for box-office tracker Hollywood.com. "It's one of the most consistently performing franchises of all time."

The "Twilight" finale took over the No. 1 spot from Sony's James Bond adventure "Skyfall," which slipped to second-place with $41.5 million domestically in its second weekend. "Skyfall" raised its domestic total to $161.3 million.

The franchise's third film starring Daniel Craig as Bond, "Skyfall" began rolling out overseas in late October and has hit $507.9 million internationally at the box office. The film's global total climbed to $669.2 million, helping to lift Sony to its best year ever with $4 billion worldwide, topping the studio's $3.6 billion haul in 2009.

"Skyfall" passed the previous franchise high of $599.2 million worldwide for 2006's "Casino Royale."

Steven Spielberg and Daniel Day-Lewis' Civil War drama "Lincoln" expanded nationwide after a week in limited release and came in at No. 3 with $21 million. Distributed by Disney, "Lincoln" lifted its domestic haul to $22.4 million.

The comic drama "Silver Linings Playbook," released by the Weinstein Co., got off to a good start in limited release, taking in $458,430 in 16 theaters for a solid average of $28,652 a cinema. By comparison, the "Twilight" finale averaged $34,717 in 4,070 theaters.

"Silver Linings Playbook" stars Bradley Cooper, Jennifer Lawrence and Robert De Niro in a quirky romance involving a man fresh out of a psychiatric hospital and an emotionally troubled young widow.

Keira Knightley's period drama "Anna Karenina" also started well in limited release with $315,395 in 16 theaters, for an average of $19,712. The Focus Features film stars Knightley in the title role of Leo Tolstoy's tragic romance.

Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Hollywood.com. Where available, latest international numbers are also included. Final domestic figures will be released Monday.

1. "The Twilight Saga: Breaking Dawn — Part 2," $141.3 million ($199.6 million international).

2. "Skyfall," $41.5 million ($49.6 million international).

3. "Lincoln," $21 million.

4. "Wreck-It Ralph," $18.3 million ($4.8 million international).

5. "Flight," $8.6 million ($1 million international).

6. "Argo," $4.1 million ($8.7 million international).

7. "Taken 2," $2.1 million ($2 million international).

8. "Pitch Perfect," $1.3 million ($4.1 million international).

9. "Here Comes the Boom," $1.2 million ($2.5 million international).

10 (tie). "Cloud Atlas," $900,000 ($5 million international).

10 (tie). "Hotel Transylvania," $900,000 ($7.8 million international).

10 (tie). "The Sessions," $900,000.

___

Estimated weekend ticket sales at international theaters (excluding the U.S. and Canada) for films distributed overseas by Hollywood studios, according to Rentrak:

1. "The Twilight Saga: Breaking Dawn — Part 2," $199.6 million.

2. "Skyfall," $49.6 million.

3. "Argo," $8.7 million.

4. "Hotel Transylvania," $7.8 million.

5. "Evangelion: 3.0 You Can (Not) Redo," $7.5 million.

6. "A Werewolf Boy," $6.8 million.

7. "Cloud Atlas," $5 million.

8. "Wreck-It Ralph," $4.8 million.

9. "Confession of Murder," $3.5 million.

10. "Rise of the Guardians," $3.1 million.

___

Online:

http://www.hollywood.com

http://www.rentrak.com

___

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

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Ashlyn Blocker, the Girl Who Feels No Pain


Jeff Riedel for The New York Times


Ashlyn Blocker, who feels no pain, at home in Patterson, GA.







The girl who feels no pain was in the kitchen, stirring ramen noodles, when the spoon slipped from her hand and dropped into the pot of boiling water. It was a school night; the TV was on in the living room, and her mother was folding clothes on the couch. Without thinking, Ashlyn Blocker reached her right hand in to retrieve the spoon, then took her hand out of the water and stood looking at it under the oven light. She walked a few steps to the sink and ran cold water over all her faded white scars, then called to her mother, “I just put my fingers in!” Her mother, Tara Blocker, dropped the clothes and rushed to her daughter’s side. “Oh, my lord!” she said — after 13 years, that same old fear — and then she got some ice and gently pressed it against her daughter’s hand, relieved that the burn wasn’t worse.









Tara Blocker

When Ashlyn was 2, her mother had to wrap her hands to keep her from biting them.






“I showed her how to get another utensil and fish the spoon out,” Tara said with a weary laugh when she recounted the story to me two months later. “Another thing,” she said, “she’s starting to use flat irons for her hair, and those things get superhot.”


Tara was sitting on the couch in a T-shirt printed with the words “Camp Painless But Hopeful.” Ashlyn was curled on the living-room carpet crocheting a purse from one of the skeins of yarn she keeps piled in her room. Her 10-year-old sister, Tristen, was in the leather recliner, asleep on top of their father, John Blocker, who stretched out there after work and was slowly falling asleep, too. The house smelled of the homemade macaroni and cheese they were going to have for dinner. A South Georgia rainstorm drummed the gutters, and lightning illuminated the batting cage and the pool in the backyard.


Without lifting her eyes from the crochet hooks in her hands, Ashlyn spoke up to add one detail to her mother’s story. “I was just thinking, What did I just do?” she said.


Over six days with the Blockers, I watched Ashlyn behave like any 13-year-old girl, brushing her hair, dancing around and jumping on her bed. I also saw her run without regard for her body through the house as her parents pleaded with her to stop. And she played an intense game of air hockey with her sister, slamming the puck on the table as hard and fast as she could. When she made an egg sandwich on the skillet, she pressed her hands onto the bread as Tara had taught her, to make sure it was cool before she put it into her mouth. She can feel warmth and coolness, but not the more extreme temperatures that would cause anyone else to recoil in pain.


Tara and John weren’t completely comfortable leaving Ashlyn alone in the kitchen, but it was something they felt they had to do, a concession to her growing independence. They made a point of telling stories about how responsible she is, but every one came with a companion anecdote that was painful to hear. There was the time she burned the flesh off the palms of her hands when she was 2. John was using a pressure-washer in the driveway and left its motor running; in the moments that they took their eyes off her, Ashlyn walked over and put her hands on the muffler. When she lifted them up the skin was seared away. There was the one about the fire ants that swarmed her in the backyard, biting her over a hundred times while she looked at them and yelled: “Bugs! Bugs!” There was the time she broke her ankle and ran around on it for two days before her parents realized something was wrong. They told these stories as casually as they talked about Tristen’s softball games or their son Dereck’s golf skills, but it was clear they were still struggling after all these years with how to keep Ashlyn safe.


A couple of nights after telling me the story about putting her hand in the boiling water, Ashlyn sat in the kitchen, playing with the headband that held back her long brown hair. We had all been drawing on napkins and playing checkers and listening to Ashlyn and Tristen sing “Call Me Maybe,” when all of a sudden Tara gasped and lifted the hair away from her daughter’s ears. She was bleeding beneath it. The headband had been cutting into her skin entire time we were sitting there.



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A John Lautner-designed home in L.A.









Known for his forward-thinking engineering, architect John Lautner designed the Foster Carling house with a retractable wall of glass separating the outdoor part of the swimming pool from an interior portion in the living room. External steel beams support the hexagonal living space, which is free of internal columns.


Location: 7144 Hockey Trail, Los Angeles 90068


Asking price: $2.995 million





Year built: 1950


House size: Two bedrooms, two bathrooms, 1,999 square feet


Lot size: 16,002 square feet


Features: Redwood planking, raised fireplace, polished concrete floors, built-in furniture, bar, basement, alarm system, carport, skyline views.


About the area: In the third quarter, 86 single-family homes sold in the 90068 ZIP Code at a median price of $930,000, according to DataQuick. That was a 3.8% price increase from the third quarter last year.


Agent: John Galich, Rodeo Realty, (310) 461-0468


Lauren Beale


To submit a candidate for Home of the Week, send high-resolution color photos on a CD, written permission from the photographer to publish the images and a description of the house to Lauren Beale, Business, Los Angeles Times, 202 W. 1st St., Los Angeles, CA 90012. Send questions to homeoftheweek@latimes.com.





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Egypt crash kills 49 schoolchildren; transportation chief resigns









CAIRO — The Egyptian transportation minister resigned Saturday after 49 children were killed on their way to school in southern Egypt in a collision between their bus and a train.

The state-run news agency said a total of 51 people died in all in the accident near Mandara village in Assiut province. Another 16 were injured.


Before submitting his resignation and taking responsibility for the crash, Transportation Minister Mohamed Rashad Metiny requested an investigation by the national Railways System.





The bus, which was carrying 60 students, collided with the train as it was crossing the track.


Roads and railways in Egypt are known for their poor safety record. Many have not been renovated in 30 years. The accident Saturday was the second serious mishap in the two months.


In October, as many as six people died in a train crash near the Nile Delta. Police officials arrested the assistant conductor, who was put under investigation.


The railway system is a popular means of transportation for many of Egypt's 82 million citizens. Egyptians have repeatedly called on the government to invest in the rails and provide newer, safer train cars.


The country's crumbling infrastructure and hazardous transportation system serves as another obstacle for President Mohamed Morsi, who most Egyptians say failed to deliver on his promises in his first 100 day-plan as president. Morsi briefly addressed the nation after Saturday’s crash. He sent condolences and promised support to families of the deceased.


"President Mohamed Morsi is responsible and must follow up personally," the April 6 group, an activist organization said in a statement. "He is the one who chose this failed government whose disasters increase day after day."


ALSO:


Israel destroys Hamas headquarters in Gaza City 


Politician Balasaheb Thackeray dies in India; Mumbai on alert


Australian scientists find excess greenhouse gas near fracking 





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Lady Gaga tweets some racy images before concert

BUENOS AIRES, Argentina (AP) — Lady Gaga's tweets were getting a lot of attention ahead of her Buenos Aires concert Friday night.

The Grammy-winning entertainer has more than 30 million followers on Twitter and that's where she shared a link this week to a short video showing her doing a striptease and fooling around in a bathtub with two other women.

She told her followers that it's a "surprise for you, almost ready for you to TASTE."

Then, in between concerts in Brazil and Argentina, she posted a picture Thursday on her Twitter page showing her wallowing in her underwear and impossibly high heels on top of the remains of what appears to be a strawberry shortcake.

"The real CAKE isn't HAVING what you want, it's DOING what you want," she tweeted.

Lady Gaga wore decidedly unglamorous baggy jeans and a blouse outside her Buenos Aires hotel Thursday as three burly bodyguards kept her fans at bay. Another pre-concert media event where she was supposed to be given "guest of honor" status by the city government Friday afternoon was cancelled.

After Argentina, she is scheduled to perform in Santiago, Chile; Lima, Peru; and Asuncion, Paraguay, before taking her "Born This Way Ball" tour to Africa, Europe and North America.

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Well: Meatless Main Dishes for a Holiday Table

Most vegetarian diners are happy to fill their plates with delicious sides and salads, but if you want to make them feel special, consider one of these main course vegetarian dishes from Martha Rose Shulman. All of them are inspired by Greek cooking, which has a rich tradition of vegetarian meals.

I know that Greek food is not exactly what comes to mind when you hear the word “Thanksgiving,” yet why not consider this cuisine if you’re searching for a meatless main dish that will please a crowd? It’s certainly a better idea, in my mind, than Tofurky and all of the other overprocessed attempts at making a vegan turkey. If you want to serve something that will be somewhat reminiscent of a turkey, make the stuffed acorn squashes in this week’s selection, and once they’re out of the oven, stick some feathers in the “rump,” as I did for the first vegetarian Thanksgiving I ever cooked: I stuffed and baked a huge crookneck squash, then decorated it with turkey feathers. The filling wasn’t nearly as good as the one you’ll get this week, but the creation was fun.

Here are five new vegetarian recipes for your Thanksgiving table — or any time.

Giant Beans With Spinach, Tomatoes and Feta: This delicious, dill-infused dish is inspired by a northern Greek recipe from Diane Kochilas’s wonderful new cookbook, “The Country Cooking of Greece.”


Northern Greek Mushroom and Onion Pie: Meaty portobello mushrooms make this a very substantial dish.


Roasted Eggplant and Chickpeas With Cinnamon-Tinged Tomato Sauce and Feta: This fragrant and comforting dish can easily be modified for vegans.


Coiled Greek Winter Squash Pie: The extra time this beautiful vegetable pie takes to assemble is worth it for a holiday dinner.


Baked Acorn Squash Stuffed With Wild Rice and Kale Risotto: Serve one squash to each person at your Thanksgiving meal: They’ll be like miniature vegetarian (or vegan) turkeys.


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Black Friday: A survival guide



Shopping












The plan | The numbers | The gear | The strategy | The apps | The start






Black Friday, the most buzzed-about shopping day of the year, is starting even earlier this holiday season as retailers try to get a jump on the competition.

The official kickoff to the Christmas shopping rush, the day after Thanksgiving brings out millions of bargain hunters looking to score new tablets, flat-panel TVs, clothes and toys. Last year retailers raked in an estimated $11.4 billion on Black Friday, up 6.6% from 2010.

This year, major retailers including Wal-Mart and Toys R Us are opening their doors as early as 8 p.m. on Thanksgiving Day. That’s too bad for store employees, but good news if you’re a shopaholic who doesn’t mind hitting the shops before the turkey has cooled.

For those of you who are planning to brave the crowds, whether you’re a first-timer or a seasoned veteran, here’s a guide to surviving the Black Friday rush.


-- Andrea Chang



























Photo credit: Francine Orr / Los Angeles Times










Photo credit: Mark Boster / Los Angeles Times










Photo credit: Mark Boster / Los Angeles Times










Photo credit: Brian van der Brug / Los Angeles Times










Photo credit: Seong Joon Cho / Bloomberg










Photo credit: Associated Press






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David Petraeus didin't settle partisan divide on Benghazi









WASHINGTON – Appearing before two congressional committees in closed-door sessions, former CIA Director David Petraeus did little to dispel the partisan divide over whether Obama administration officials misled the public in the days after heavily armed militants killed four Americans in Benghazi,Libya,  lawmakers said Friday.

Petraeus told the House and Senate intelligence committees that he believed almost immediately that the Sept. 11 assault was an organized terrorist attack, according to lawmakers and staff sources. But he said the administration initially withheld suspicion that specific Al Qaeda affiliates were involved to avoid tipping off the terrorist groups.


Petraeus also said some early intelligence reports appeared to support Susan Rice, the U.S. ambassador to the United Nations, when she said five days after the deadly raid that it had grown out of a protest that was hijacked by extremists, comments that some Republicans contend were meant to downplay the significance of the attack before the election. Even now, the intelligence community has evidence that some attackers were motivated by protests earlier that day in Cairo over an anti-Islamic video, sources familiar with the intelligence said.





"The general completely debunked the idea that there was some politicization of the process," said Rep. Adam Schiff (D-Burbank).


Petraeus, who has not appeared in public since he resigned from the CIA on Nov. 9 after admitting that he had an extramarital affair, avoided a throng of reporters and cameras before and after the two back-to-back sessions. Lawmakers lined up to speak after the hearings, however.


Democrats defended Rice and the administration, while some Republicans said they were unshaken in their belief that intelligence was misused to bolster White House claims that it had decimated the leadership of Al Qaeda. Some Republicans, including Sen. John McCain (R-Ariz.), have vowed to block any effort to make Rice the next secretary of State to replace Hillary Rodham Clinton, who has said she will step down next year


Rice relied on unclassified written guidance, known as talking points, from the CIA, Democrats said. But some key words were changed from initial drafts as other agencies weighed in, Republicans countered. The word “attack” was changed to "demonstration," for example, and the phrase "with ties to Al Qaeda" was removed, a senior Republican congressional official said.


Precisely who made the changes is not yet clear. "If it was altered by somebody not within the intelligence community, we should know that," the official said.


The CIA ultimately signed off on those changes, the official said. Intelligence officials say the changes were part of a normal vetting process for public comments, and was consistent with the CIA’s assessment at the time. That assessment later was revised to discount the video as a motivating factor before armed militants stormed and burned the State Department mission in Benghazi, and hours later, launched a mortar barrage on a CIA compound 1½ miles away by road.


The U.S. ambassador to Libya, Christopher Stevens, and an embassy employee were killed at the mission, and two CIA contractors were killed later by the mortar fire.


The nighttime attack was not planned in advance, however, and initially appeared as a mob of looters, intelligence officials have said.


The extent of Al Qaeda's involvement also remains in dispute. Democrats and administration officials say the ties between the militants who attacked the mission and Al Qaeda's North African affiliate are remote, while some Republicans describe the Benghazi incident as an attack by "Al Qaeda."


A few Republicans said they believe that  the more important question is whether U.S. security was adequate for the threat, and whether warnings were ignored.


"The focus is moving toward 'Did they have enough security?'" said Sen. Marco Rubio (R-Fla). "Clearly the security measures were inadequate, despite an overwhelming and growing amount of information that showed the area in Benghazi was dangerous, particularly on the night of Sept. 11."


Lawmakers declined to discuss where security arrangements fell short, saying some details are classified and the investigation is ongoing.


The Senate Intelligence Committee may issue a public report about Benghazi, staffers said, and a State Department accountability review board is also investigating.


Follow Politics Now on Twitter and Facebook


ken.dilanian@latimes.com






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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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