HTC, Apple ordered to show which patents were included in their settlement agreement

Read More..

David Mamet, Kathie Lee Gifford suffer losses

NEW YORK (AP) — David Mamet's new play "The Anarchist" and Katie Lee Gifford's "Scandalous" will both end their Broadway runs much earlier than their creators wanted.

Producers said Tuesday night that Mamet's play starring Patti LuPone and Debra Winger portraying an inmate and warden respectively will close Dec. 16 after just 23 previews and 17 performances.

Producers of "Scandalous," a musical about the life of preacher Aimee Semple McPherson, said it will quit even earlier, after the matinee on Dec. 9 following 60 shows. Both shows got dreadful reviews and struggled at the box office.

Those two shows join "The Performers," a play set in the porn industry, with quick exits in the past few months on Broadway. "The Performers" opened and closed in November after just 23 previews and seven regular performances.

Read More..

Generic Drug Makers Facing Squeeze on Revenue

They call it the patent cliff.

Brand-name drug makers have feared it for years. And now the makers of generic drugs fear it, too.

This year, more than 40 brand-name drugs — valued at $35 billion in annual sales — lost their patent protection, meaning that generic companies were permitted to make their own lower-priced versions of well-known drugs like Plavix, Lexapro and Seroquel — and share in the profits that had exclusively belonged to the brands.

Next year, the value of drugs scheduled to lose their patents and be sold as generics is expected to decline by more than half, to about $17 billion, according to an analysis by Crédit Agricole Securities.“The patent cliff is over,” said Kim Vukhac, an analyst for Crédit Agricole. “That’s great for large pharma, but that also means the opportunities theoretically have dried up for generics.”

In response, many generic drug makers are scrambling to redefine themselves, whether by specializing in hard-to-make drugs, selling branded products or making large acquisitions. The large generics company Watson acquired a European competitor, Actavis, in October, vaulting it from the fifth- to the third-largest generic drug maker worldwide.

“They are certainly saying either I need to get bigger, or I need to get ‘specialer,’ ” said Michael Kleinrock, director of research development at the IMS Institute for Healthcare Informatics, a health industry research group. “They all want to be special.”

As one consequence of the approaching cliff, executives for generic drug companies say, they will no longer be able to rely as much on the lucrative six-month exclusivity periods that follow the patent expirations of many drugs. During those periods, companies that are the first to file an application with the Food and Drug Administration, successfully challenge a patent and show they can make the drug win the right to sell their version exclusively or with limited competition.

The exclusivity windows can give a quick jolt to companies. During the first nine months of 2012, sales of generic drugs increased by 19 percent over the same period in 2011, to $39.1 billion from $32.8 billion, according to Michael Faerm, an analyst for Credit Suisse. Sales of branded drugs, by contrast, fell 4 percent during the same period, to $174.2 billion from $181.3 billion.

But those exclusive periods also make generic drug makers vulnerable to the fickle cycle of patent expiration. “The only issue is it’s a bubble, too,” said Mr. Kleinrock. He said next year, the generic industry would enter a drought that was expected to last about two years.  Of the drugs that are becoming generic, fewer have exclusivity periods dedicated to a single drug maker.

In 2013, for example, the antidepressant Cymbalta, sold by Eli Lilly, is scheduled to be available in generic form. But more than five companies are expected to share in sales during the first six months, according to a report by Ms. Vukhac.

Heather Bresch, the chief executive of Mylan, the second-largest generics company in the United States, said Wall Street analysts were obsessed with the issue. “I can’t go anywhere without being asked about the patent cliff, the patent cliff, the patent cliff,” she said. “The patent cliff is one aspect of a complex, multilayered landscape, and I think each company is going to face it differently.”

Jeremy M. Levin, the chief executive of Teva Pharmaceuticals, the largest global maker of generic drugs, agreed. “The concept of exclusivity — where only one generic player could actually make money out of the unique moment — has diminished,” he said. “In the absence of that, many companies have had to really ask the question, ‘How do I really play in the generics world?’ ”

For Teva, Mr. Levin said, he believes the answer will be both its reach  — it sells 1,400 products, and one in six generic prescriptions in the United States is filled with a Teva product  — and what he says is a reputation for making quality products. That focus will be increasingly important, he said, given recent statements by the F.D.A. that it intends to take a closer look at the quality of generic drugs. Mr. Levin also said he planned to cut costs, announcing last week that he intended to trim from $1.5 to $2 billion in expenses over the next five years.

This article has been revised to reflect the following correction:

Correction: December 5, 2012

An article on Tuesday about business strategies of generic drug makers in the face of fewer drug patent expirations misidentified the country in which the pharmaceutical company Endo is based. It is in the United States, not Japan.

Read More..

Netflix buys exclusive rights to Disney movies

Netflix Inc. has acquired exclusive U.S. rights to movies from Walt Disney Studios in a deal that catapults the Internet video-on-demand service into direct competition with pay TV giants such as HBO and Showtime.

The three-year agreement takes effect in 2016 and is a blow to the pay channel Starz, which currently has the rights to broadcast Disney movies, including its Pixar animated films and Marvel superhero pictures, about eight months after they are released in theaters.

Starz's sole remaining movie provider is now Sony Pictures. That partnership ends in 2016.

Disney has also agreed to give Netflix nonexclusive streaming rights to more of its older titles — including "Dumbo," "Pocahontas" and "Alice in Wonderland" — starting immediately.

Netflix's chief content officer, Ted Sarandos, called the deal "a bold leap forward for Internet television."

"We are incredibly pleased and proud this iconic family brand is teaming with Netflix to make it happen," he said.

Netflix stock soared on the news, rising $10.65, or 14%, to $85.65.

Shares in Starz's parent company, Liberty Media Corp., fell $5.49, or 5%, to $105.56.

Currently, Netflix has nonexclusive rights to movies from Paramount Pictures, Lionsgate and Metro-Goldwyn-Mayer via a deal with pay channel Epix, as well as an array of library titles from other studios. Its only exclusive movie rights come from independent studios such as Relativity Media and DreamWorks Animation. It also has a wide variety of television reruns.

Sarandos and Netflix Chief Executive Reed Hastings have long said the company wanted to get exclusive pay TV rights to films from one of Hollywood's six major studios to boost its online entertainment service.

However, Hastings has also at times downplayed the importance of new movies. Netflix previously had streaming rights to Disney and Sony movies via a deal with Starz. In January, investors expressed their concerns that the pending disappearance of those movies would hurt the service. Hastings said in a letter to investors that Disney films accounted for only 2% of domestic streaming and the loss would not be felt.

Since then, though, the Disney movie slate has become more attractive. At that time, Netflix did not have access to movies from Disney's Marvel superhero unit or the "Star Wars" titles from its pending acquisition of Lucasfilm Ltd.

The end of the Starz agreement accelerated a trend that has seen Netflix evolve into a television company, with reruns of shows such as "Mad Men" accounting for about two-thirds of the content streamed by users.

With several original programs launching next year, including the Kevin Spacey political drama "House of Cards," and a direct connection to a growing number of Internet-enabled televisions, Netflix is on the verge of standing on par with many TV networks.

Netflix charges $8 a month for its streaming service, while premium cable networks such as HBO cost $13 to $18 a month, and that's on top of a monthly bill for other channels that typically exceeds $50. It remains to be seen whether the addition of Disney products and more original programming could lead Netflix to increase its price.

The Netflix spending spree could continue, with Sarandos telling Bloomberg News on Monday that his company would bid for rights to Sony movies when its Starz deal expires.

Netflix might have a tougher time wresting away the rights to Warner Bros., 20th Century Fox or Universal Pictures releases from their current deals with HBO, which like Warner is part of Time Warner Inc. Paramount, Lionsgate and MGM are almost certain to stick with Epix, of which the trio are co-owners.

Disney's family-friendly films are particularly valuable to Netflix, however, because young viewers are active users of the service. Last year it launched a separate Just for Kids section of its website and apps.

Although terms were not disclosed, a person close to the matter said Netflix could ultimately pay more than $300 million annually for Disney movies.

This year, HBO cut a deal with 20th Century Fox for its movies, at an estimated price of more than $200 million annually.

Read More..

No word from Supreme Court on gay marriage cases

WASHINGTON — The Supreme Court justices are not exactly facing the "fiscal cliff," but they will be under more pressure this week to decide which gay marriage cases they will rule on this term.

They discussed the pending appeals at their private conference on Friday, but announced no decisions. The justices will try again at their weekly conference this Friday, the last such meeting before the long holiday recess.

It is not uncommon for the justices to discuss an appeal for two or more weeks before voting to grant it. The gay marriage question is complicated because there are 10 pending appeals, including a defense of California's Proposition 8, which bans same-sex marriage.

Eight of the appeals ask the court to rule on the constitutionality of the Defense of Marriage Act, which bars federal benefits to legally married gay couples. Judges in New England, New York and California have declared this provision unconstitutional because it denies gays and lesbians equal protection of the laws.

The Supreme Court has a duty to rule when a major federal law has been struck down in one part of the nation. But it is not clear which case the court should decide.

The first ruling on the issue arose when Nancy Gill, a postal worker from Massachusetts, sued because she could not include her female spouse on her healthcare plan. She won, but Justice Elena Kagan may be forced to sit out that case because she worked on it as solicitor general, potentially setting up a 4-4 tie.

In October, Solicitor Gen. Donald Verrilli Jr. advised the court that the New York case of Edith Windsor "now provides the most appropriate vehicle" for deciding the constitutional question. It was filed after Kagan had stepped aside from the Justice Department.

Windsor and her partner, Thea Spyer, lived together for more than 40 years and married in Canada in 2007. When Spyer died in 2009, she left her estate to Windsor, but the Internal Revenue Service assessed Windsor $363,000 in estate taxes, saying she did not qualify as a "surviving spouse."

But because Windsor and Spyer were married in Canada, they may not serve as the proper stand-ins for the other plaintiffs who were legally married in one of the states.

Massachusetts has raised a third complication. State Atty. Gen. Martha Coakley filed a separate appeal and urged the court to decide the issue on states' rights grounds. Since marriage has always been a matter of state law, she argued, the Defense of Marriage Act violates the 10th Amendment, which protects the powers of the states.

If the court sees a problem with the Gill or Windsor cases, it could opt to decide similar cases involving federal benefits brought by same-sex couples from Connecticut, New Hampshire, Vermont and California.

Once the justices decide which of the Defense of Marriage Act cases to hear, they must decide whether to go further and rule on California's Proposition 8 and the potentially broader issue of the right to marry for gay couples. If the court votes to hear the case, the justices will decide by next summer on whether the state's ban on gay marriage violates the Constitution's guarantee of equal protection of the laws.

If the court turns down the appeal, it will clear the way for gay marriages to resume in California, but without setting a national precedent.

In addition, Arizona has asked the court to revive a state measure that denies benefits to the domestic partners of state employees — a case known as Brewer vs. Diaz.

The court's recent practice has been to announce on Friday afternoon which cases have been granted a review, and to announce on Monday the appeals that were turned down.

david.savage@latimes.com

Read More..

Court upholds $319M verdict in 'Millionaire' case

LOS ANGELES (AP) — A federal appeals court on Monday upheld a $319 million verdict over profits from the game show "Who Wants to Be a Millionaire" and rejected Walt Disney Co.'s request for a new trial.

A jury decided in 2010 that Disney hid the show's profits from its creators, London-based Celador International. The ruling Monday by a three-judge panel of the 9th U.S. Circuit Court of Appeals found no issues with the verdict or with a judge's rulings in the case.

"I am pleased that justice has been done," Celador Chairman Paul Smith said in a statement.

Disney did not immediately comment on the decision.

The ruling comes more than two years after the jury ruled in Celador's favor after a lengthy trial that featured testimony from several top Disney executives. The company sued in 2004, claiming Disney was using creative accounting to hide profits from the show, which first ran in the United States from August 1999 to May 2002 and was a huge hit for ABC.

The jury found that Celador was owed $269.2 million, and a judge later added $50 million in interest to the judgment.

The appeals court determined the verdict was not "grossly excessive or monstrous" and that it was not based on speculation or guesswork.

Read More..

National Briefing | New England: New Hampshire: Not Guilty Plea in Hepatitis Case

A traveling hospital technologist accused of stealing drugs and infecting patients with hepatitis C through contaminated syringes pleaded not guilty in federal court on Monday. The technologist, David Kwiatkowski, whom prosecutors described as a “serial infector,” was indicted last week on charges of tampering with a consumer product and illegally obtaining drugs. Until May, Mr. Kwiatkowski worked as a cardiac technologist at Exeter Hospital, where 32 patients were given diagnoses of the same strain of hepatitis C he carries. Before that, he worked in 18 hospitals in seven states, moving from job to job despite having been fired twice over accusations of drug use and theft. In addition to the New Hampshire patients, a handful of patients in Kansas and one in Maryland have been found to carry the strain Mr. Kwiatkowski carries.

Read More..

Rupert Murdoch pulls plug on 'the Daily,' first news app for iPad

Rupert Murdoch has pulled the plug on News Corp.'s high-profile experiment to create a digital national newspaper.

The demise of the Daily, announced Monday by News Corp., illustrates the challenges the media baron faces as he attempts to transform his global publishing empire for the Internet age.

The Daily was introduced nearly two years ago as the first news application for Apple Inc.'s iPad and was designed to dazzle a generation of young readers who found print publications too dated and stodgy. But in the end, News Corp.'s expensive endeavor violated an old-school media tenet: Don't be boring.

"The Daily wasn't very interesting," said Ken Doctor, a news industry analyst and author of "Newsonomics," a book about the future of the online news business. "Visually, it was attractive, but they forgot that if you are going to call it the Daily you have got to change people's daily reading habits. They never presented enough of a compelling reason to read the Daily."

Analysts estimated that News Corp. spent at least $80 million to hire big-name journalists and designers and operate the application with the look of a high-end magazine. Along the way, Murdoch discovered that established brands such as the Wall Street Journal would be a more potent draw for readers in the digital world rather than trying to create a new title from scratch.

The Daily will cease publication Dec. 15. Its technology and some employees will be folded into the New York Post, one of Murdoch's old-media titles.

"From its launch, the Daily was a bold experiment in digital publishing," Murdoch said in a statement. "Unfortunately, our experience was that we could not find a large enough audience quickly enough to convince us the business model was sustainable in the long term."

News Corp. on Monday outlined a sweeping restructuring as it prepares to break into two separately traded companies next year. It plans to spin off its publishing assets, including the Journal, the Post, the Times of London, the Australian and book publisher HarperCollins, into an entity that will retain the News Corp. name "in keeping with the company's 60-year heritage of bringing news to the world," Murdoch said.

The more profitable entertainment properties will constitute the second company, the Fox Group. The entertainment side will boast News Corp.'s vast television assets, including Fox Broadcasting, cable channels FX, Fox News Channel and National Geographic, regional sports networks, and interests in British and European satellite services, as well as the 20th Century Fox movie studio.

Murdoch, 81, will be the chairman and chief executive of the Fox Group. He will remain chairman of the reconstituted and much smaller News Corp. Robert Thomson, managing editor of the Wall Street Journal, will become chief executive of the publishing company when the corporate split is complete, most likely next summer.

The selection of Thomson, 51, to run the company confirms his increasing stature within Murdoch's enterprise. Thomson, who like Murdoch is a native of Australia, has been an increasingly close confident of Murdoch since he was installed as managing editor of the Journal and editor in chief of its parent, Dow Jones & Co., in 2008. Before joining Dow Jones, the onetime China correspondent served as editor of the Sunday Times, another News Corp. paper, for six years. Before that, he was editor of the U.S. edition of the Financial Times, owned by News Corp. rival Pearson.

Murdoch, in a Twitter post, called Thomson "a special leader and great friend. Also an Aussie!" In the company's statement, Murdoch singled out the Journal's growth internationally and the U.S. during Thomson's tenure.

The company said the Journal's deputy editor in chief, Gerard Baker, 50, will succeed Thomson. Baker has worked at the Times of London, BBC and Financial Times.

Separately, the company said Tom Mockridge, who was tapped last year to lead News Corp.'s scandal-plagued British newspaper unit News International, would leave the company at the end of this month. Mockridge, who was passed over for the CEO job in favor of Thomson, had worked at News Corp. since 1991.

Mike Darcey, 47, chief operating officer at pay-TV operator British Sky Broadcasting Group, will replace Mockridge at News International, the company said. He will become the division's third chief in less than two years. Mockridge last year was dispatched to replace Rebekah Brooks, who was forced to resign over News International's hacking and bribery scandal at the company's now-closed News of the World and faces a criminal trial next year.

Monday's moves were designed, in large part, to structure News Corp. for a new era. Wall Street had long agitated for News Corp. to shed its newspapers and focus on the more profitable television channels and moviemaking. But Murdoch refused to relinquish his publishing titles. Instead, he agreed to separate News Corp. to appease investors and give him the freedom to buy new properties.

The company has more than $10 billion in cash, and has begun a buying spree that includes regional sports networks and an Australian television business. The company is said to be contemplating other acquisitions in the old-media space, including the Los Angeles Times and book publisher Simon & Schuster, owned by CBS Corp.

The company would like to bolster its HarperCollins publishing arm, reportedly to better compete against the powerhouse Amazon.com, which has the ability to offer price discounts.

"The power of the written word has been in my bones for my entire life," Murdoch wrote Monday in the email to employees. "It began as I listened to my father's stories from his days as a war correspondent and, later, as a successful publisher. It deepened when, starting in grammar school, I rolled up my sleeves and worked alongside fellow students to publish school journals."

meg.james@latimes.com

dawn.chmiewlewski@latimes.com

Read More..

Coast Guardsman is killed after suspected smugglers ram his boat

A veteran U.S. Coast Guard chief petty officer was killed Sunday after suspected smugglers rammed his vessel near Santa Cruz Island, casting him into the ocean with a fatal head wound.

Chief Petty Officer Terrell Horne III, 34, of Redondo Beach was second in command of the Halibut, an 87-foot patrol cutter based in Marina del Rey. Authorities said they could not recall a Coast Guard chief petty officer being killed in such a manner off the coast of California.

Early Sunday morning, the Halibut was dispatched to investigate a boat operating near Santa Cruz Island, the largest of California's eight Channel Islands. The island is roughly 25 miles southwest of Oxnard.

The boat, first detected by a patrol plane, had fallen under suspicion because it was operating in the middle of the night without lights and was a "panga"-style vessel, an open-hulled boat that has become "the choice of smugglers operating off the coast of California," said Coast Guard spokesman Adam Eggers.

The Coast Guard cutter contains a smaller boat — a rigid-hull inflatable used routinely for search-and-rescue operations and missions that require a nimble approach. When Horne and his team approached in the inflatable, the suspect boat gunned its engine, maneuvered directly toward the Coast Guard inflatable, rammed it and fled.

The impact knocked Horne and another Coast Guardsman into the water. Both were quickly plucked from the sea. Horne had suffered a traumatic head injury. While receiving medical care, he was raced to shore aboard the Halibut. Paramedics met the Halibut at the pier in Port Hueneme and declared Horne dead at 2:21 a.m.

"We are deeply saddened by the loss of our shipmate," said Adm. Robert J. Papp, the Coast Guard commandant. "Our fallen shipmate stood the watch on the front lines protecting our nation, and we are all indebted to him for his service and sacrifice."

The second crew member knocked into the water suffered minor injuries and was treated and released from a hospital later Sunday. He was not identified.

Using a helicopter and a 45-foot boat stationed in Los Angeles, the Coast Guard later found the panga and stopped it.

Two men were detained. The Coast Guard declined to identify them or say whether drugs were found aboard the boat. A second suspicious vessel was believed to have been traveling alongside the panga before the incident.

"We are actively working to ensure that all of the individuals involved in this illegal activity are brought to justice," said Coast Guard Capt. James Jenkins.

The Coast Guard was unable to provide a detailed account of Horne's service.

He had been heralded by the agency on several occasions.

He appears to have arrived in Southern California last summer after serving for two years as an executive petty officer in Emerald Isle, N.C. There, he received a Coast Guard Commendation Medal for his leadership in 63 search-and-rescue cases, in which 38 lives were saved.

According to an account of the medal ceremony, the most notable of those operations involved a boat that capsized in a North Carolina inlet in 2010. The account said he coached his team through "treacherous" sea conditions to rescue five people.

The Coast Guard also noted Horne's involvement in a January operation in which the Halibut found and stopped two boats operating at midnight with

no lights. The boats contained 2,000 pounds of marijuana.

In the last five years, as U.S. authorities have become increasingly successful at blocking traditional land routes, smugglers have taken increasingly to the sea — ferrying both drugs and immigrants. Authorities believe a smuggling vessel is launched toward California every three days; the number of immigrants and smugglers arrested at sea or along the coast more than doubled to 867 in 2010 from the previous year.

Drug runners and human smugglers have run ashore at a dog beach in Del Mar, at Crystal Cove in Orange County and next to the San Onofre nuclear power plant. Border Patrol agents have been diverted from land to sea, and an agency supervisor recently called the ocean "the front line."

The eruption in sea-based smuggling has created the same cat-and-mouse game in the ocean that has long existed along the U.S.-Mexico border. Smuggling boats often travel without lights and at a slow speed to limit their wakes. When U.S. agents began disrupting routes into San Diego beaches, smugglers began conducting counter-surveillance, using radios to direct boat pilots to unguarded beaches.

scott.gold@latimes.com

Read More..

Young down by boardwalk for benefit show

NEW YORK (AP) — Neil Young said Sunday that he couldn't see performing in the area devastated by Superstorm Sandy without doing something to help people who were affected by it.

Young and his longtime backing band, Crazy Horse, will hold a benefit concert for the American Red Cross' storm relief effort Thursday at the Borgata Hotel Casino & Spa in Atlantic City. The New Jersey coastline areas were hit hard by the storm in late October.

People in the New York area who suffered damage in the storm have been supporting him for 40 years, he said.

"I couldn't see coming back here and just playing and have it be business as usual," he said. Young is touring in the area, with concerts scheduled for Monday in Brooklyn and Tuesday in Bridgeport, Conn.

Minimum ticket prices for the standing-room show in Atlantic City will be $75 and $150, although Young notes there's no maximum. He hopes to raise several hundred thousand dollars for the Red Cross.

Young said he was invited to join the Dec. 12 benefit at New York's Madison Square Garden that will feature Bruce Springsteen, Paul McCartney, the Who, Kanye West and others, but had other obligations. Besides, there's enough star power there, he said.

"It wasn't going to make much difference whether I was there or not, so I decided to go someplace where I could make a difference," he said.

Young performed at a televised benefit in 2001 following the Sept. 11 terrorist attacks, memorably covering John Lennon's "Imagine."

Fans can expect a two-hour plus rock show on Thursday with opening band Everest. No special guests are planned, although Young issued an invitation to "anyone who wants to come in and play with us that we know and we know can play."

It's hard to resist wondering whether Young's epic "Like a Hurricane" will make it onto the set list, given the occasion.

"Anything's possible," Young said. "We have the equipment."

Read More..