Google drops key patent claims against Microsoft

WASHINGTON (Reuters) - Google unit Motorola Mobility has asked a trade panel to drop two key patents from an infringement complaint that it filed against Microsoft, according to a filing at the International Trade Commission.
The ITC has been considering accusations by Motorola Mobility, which has since been purchased by Google, that Microsoft infringed on its patented technology to make its popular Xbox.
Google filed a motion with the ITC on Tuesday, asking that two patents be withdrawn from the case. One patent remains, according to the filing.
The withdrawal was required under an agreement that Google made with the Federal Trade Commission last week settling a pair of long-running antitrust investigations.
The FTC, U.S. Department of Justice and U.S. Patent and Trademark Office assert that companies should not request sales bans when filing patent infringement lawsuits based on patents that are essential to a standard in most cases. Standard essential patents ensure that devices are interoperable.
Microsoft identified the two patents withdrawn from the ITC case as standard essential patents.
"We're pleased that Google has finally withdrawn these claims for exclusion orders (sales bans) against Microsoft, and hope that it will now withdraw similar claims pending in other jurisdictions," David Howard, Microsoft's deputy general counsel, said in an emailed statement.
Google did not immediately respond to requests for a comment.
Microsoft said that standard essential patents had been asserted in cases in Wisconsin and Washington district courts, both of which have been stayed. Sales bans, or injunctions, were requested in both cases, Microsoft said.
The ITC is a popular venue for patent lawsuits because it can bar the importation of infringing products and because it issues decisions relatively quickly.
The International Trade Commission case is No. 337-752.

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Pebble Smart Watch Finally Ready

It's a very good day for the Pebble smart watch. The popular watch will start shipping this month, first to people who offered financial backing online, then to anyone else who wants one.
Last April, the Pebble -- a watch that pairs with an iPhone and Android phones -- was announced on Kickstarter with a flashy video and lots of cool design images of the device. Within days the start-up received over 85,000 orders for the watch and over $10 million dollars from people who wanted to back the company. It shattered all Kickstarter records and the company promised to ship the watch to those eager fans in September.
September came and went without the watches. Now, they are finally ready and the company has announced, here at CES 2013, that the watches are rolling off the manufacturing lines and will start shipping to customers on Jan. 23.
WATCH: First Look at Pebble at CES 2013
"When we saw the massive support on Kickstarter we knew we had the opportunity to take Pebble to the mainstream," Eric Migicovsky, the CEO and founder of Pebble, told ABC News. "We feel the time we spent was making the hardware rock solid as well as the software. We wanted to make sure the core of Pebble was great. That meant we shipped a bit later than we expected to."
When the watch starts shipping most of the features Pebble advertised in its original video (which showed a quickly-assembled prototype) will work on the neatly designed watch. You will be able to pair the phone with an iPhone or Android phone via Bluetooth, download the Pebble app, and configure your watch to show you your text messages, emails and missed calls. You will also be able to play your music and easily change the watch faces.
Pebble Behind the Scenes
What you won't be able to do is use the RunKeeper fitness app Pebble had shown. That app, which lets you see the info in your phone's RunKeeper app on your wrist, will be coming later, along with other apps.
"Unfortunately we weren't able to deliver the RunKeeper feature. We are working on the feature hand in hand with RunKeeper and we expect it to come out in a couple of months," Migicovsky said.
The watch has an LCD e-paper screen that can be seen in direct sunlight -- similar to the one on the Amazon Kindle e-reader -- as well as a backlight so you can see it the dark. You can just flick the watch on your wrist or tap a bottom to turn on the light. It also fits well, unlike some of the chunky iPod Nano-like watches that have been made. And it's water-resistant, so you can swim or work out while wearing it.
So what's next for the Pebble? Migicovsky says the first priority is to fill all the orders people made for it.
"We are still seeing a massive amount of interest in Pebble," he said. "After we closed the Kickstarter project, we started taking early stage pre-orders and there are tens of thousands of people on the list now. Our job is to continue mass production to make as many Pebbles as possible for the people that are lining up to get them."

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Self-portraits: Holmes sticks out tongue, has gun

CENTENNIAL, Colo. (AP) — Using a cell phone, James Holmes took photos of himself the night police say he shot up a Colorado movie theater.
He stuck out his tongue, smiled and posed with a Glock.
Police showed the photos in court on Wednesday, along with pictures of the theater they say Holmes took a month before the attack.
One photo included an exit door like the one investigators say Holmes propped open the night of the attack, which left 12 dead and 70 injured.
The testimony came as a hearing to determine if Holmes will stand trial wound down. Defense attorneys announced they would not call any witnesses. They had been granted permission to call two witnesses to talk about Holmes' mental state.

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End-of-the-Year Checklist for Divorcing Women

Most women wait until after the holidays to move forward with their divorces --and that’s completely understandable. Many don’t want to disrupt family traditions for their children. Some welcome the distraction offered by the hustle and bustle of the season. And, of course, others want to avoid the discussions that inevitably seem to arise whenever and wherever relatives gather.
Interestingly, though, January is the month when most divorces are filed. Obviously, turning the page towards a New Year inspires a fresh start –and that’s completely understandable, too. If you’re headed in that direction, it makes sense to spend a little time this month planning ahead. You can do so discreetly, and then know that you’ll truly be ready to start the New Year on the right foot.
To help get you begin, here are a few things you can do now to help make the divorce process smoother in 2012:
1. Start collecting financial documents. Watch the mail for year-end statements from banks, credit card companies, etc.  As we outline in our Divorce Financial Checklist, preparing for divorce requires gathering all the relevant documents related to your bank and brokerage accounts, credit cards, mortgages, etc. Once you have collected them, make copies, and take them to a trusted friend/family member, or use a safe deposit box that your husband can’t access.
2. Check your credit report. While you’re gathering your financial records, keep a careful eye on your credit card statements, and if you haven’t already done so, request a copy of your credit report. Once you have the report, monitor your score carefully so you’ll be the first to know if any unusual activity occurs.  (For example, is your husband using your joint credit cards to buy his girlfriend gifts this holiday season?)  See my post, How To Protect Your Credit Score During Your Divorce, for more tips
3. Research divorce professionals in your area. If you want to ensure the best possible outcome for your divorce, take the time to build a qualified divorce team. I recommend you start with these three players: a matrimonial/family law attorney, a divorce financial planner and a therapist/counselor. Spend some time this month researching divorce professionals and create a short list of candidates for each position. Schedule interviews with each top contender in January, and rest easy knowing that by February 2012, you’ll be benefiting from the expert guidance of a top-notch divorce team.
4. Open new accounts in your name. Moving forward as a single woman in 2012 will require that you have a bank account and credit cards in your name. Lay the groundwork now.  Don’t use the bank where you currently have your joint accounts. Go to a different bank and open both a savings and a checking account in your name. You’ll need your own credit card, too, so you should start that process now, as well. New federal regulations are making it harder than ever for women with little or no income to establish credit on their own. You can do it. But, plan accordingly and know that securing credit is going to be more complicated than just filling out an application or making a single phone call.
5. Remain vigilant. Is your husband using the good cheer of the holidays as cover while he dissipates family assets? Be attentive, and if you are concerned at all about financial shenanigans by your husband, you may want to think twice about filing a joint return with him for 2011.
Some women who are considering divorce let the holidays get them down. Don’t be one of them. Use this opportunity to start planning ahead, and you’ll be able to start the New Year confident that you are on the way to a more stable and secure financial future.

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It's Not Too Late: Year-End Tax Moves

Once you’ve reached the last month of the tax year, your options are limited to minimize your income taxes. But there are a few things that could still be done, so don’t give up hope.
For example, you could double up your real estate taxes by prepaying next year’s tax during December. Doing this with, for example, a $3,000 per year real estate tax bill could result in a reduction of tax for the year of $750 if you’re in the 25% bracket. Keep in mind though, that you’ll have forked out this money long before it is actually due in most cases, and for the next year you won’t have this deduction available if you used it in this year.
The same could be done with your charitable contributions - there’s no reason that you can’t make additional contributions to your favorite charities at the end of this year instead of waiting until next year.
You could also send your final estimated state income tax payment due in January of next year during December and claim that payment on this year’s itemized deductions as well.
Prepaying your January mortgage payment will credit that mortgage interest to this year as well, further increasing your itemized deductions.
Other itemized deductions could be “stacked” in one year, such as medical expenses (subject to the 7.5% floor) and miscellaneous deductions (subject to the 2% floor).
It’s important to keep in mind that the moves that you make this year might reduce your tax now - but you might have an adverse impact on next year’s income tax by doing so. It will pay to run the calculations based on what you know about this year’s tax and next year’s tax to make sure that it is in your best interest to do this.
Here’s how it might play out: if you prepaid your next year’s real estate tax during this year, it might reduce your deductions below the Standard Deduction - which could be a good thing. In doing this, you would get to use the Standard Deduction to increase your tax deductions on next year’s return when you specifically reduced your deductions for that year by prepaying the deductible real estate tax in during this year. In this fashion you might be making the most of the standard deduction and your itemized deductions year after year - one year using the “stacked” deductions, the next using the standard deduction.
These prepayment options could have a negative affect if you are subject to the Alternative Minimum Tax (AMT). Prepaying your state tax, mortgage interest and some medical expenses might trigger or cause an increase in AMT. One tactic that you might consider is selling a taxable investment that has an inherent loss; this is especially useful if you’ve sold another investment at some point in the tax year that has resulted in a taxable gain. Losses can be used to offset those capital gains dollar for dollar, and an additional $3,000 in capital losses can be used to reduce your ordinary income as well.
You can also make up for underpayment of estimated tax by taking a withdrawal from an IRA (especially if you’re over age 59½) and having tax withheld from the withdrawal. This can also be accomplished by having more tax withheld from your paycheck if you’re still working, by filing a new W4. Another significant move you can make includes the Qualified Charitable Distribution from your IRA, 401(k) or 403(b) - allowing you to bypass recognizing that income, including your RMD. This can only be done if you’re at least age 70½ and subject to Required Minimum Distributions. The charity receives a contribution, and you get to lower your year-end balance in your account, therefore reducing your RMD for next year.  For more details on this, you should check out the IRA Owner's Manual.
You can also delay your first RMD (if you reached age 70½ this year) until as late as April 1 of next year, although that will mean you have to take two RMDs next year. But in some circumstances that may be the better option.
You can also make a deductible contribution to your IRA, if you qualify - but you don’t have to do that before the end of the year, you have until April 15 to do that.
This isn’t an exhaustive list of year-end tax moves, just several of the more prominent ones. Hopefully you’ll find what you need here to help with your year-end tax plans.

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New Website Takes Social Approach To Personal Finance

The Internet is a great source of information on personal finance, but often this information lacks the personal touch. The new website MyMoneyCircles.com aims to provide that personalized element by taking an interactive, social media-style approach.
Though it focuses on the human element, MyMoneyCircles is anything but soft and fuzzy. The website refers to its approach as a "boot camp" for personal finance. But what exactly does a personal finance boot camp entail?
Getting financially fit
The boot camp method at MyMoneyCircles involves pushing participants to get their personal finances in the best shape possible. And the boot camp analogy is apt, because it highlights the simple fact that financial responsibility often isn't easy, and building robust savings accounts is often an act of sacrifice.
MyMoneyCircles will conduct a series of boot camps to address a variety of financial goals, including:
Saving money
Managing credit and debt
Protecting family and assets
Planning for the future
The personalized support system at MyMoneyCircles is designed to help users make the changes necessary to meet these goals. By engaging participants throughout the process, and providing advice tailored to their needs, the site aims to lead them each step of the way toward financial improvement.
Here are some of the methods MyMoneyCircles will use to engage, encourage, and energize those who want to improve their personal finances:
Personal assessment. A 10-question quiz will kick off each boot camp, to provide users with a clearer picture of their needs on each topic.
Customized advice and education. Participants will receive emails related to their areas of interest and access to online materials. Online resources will allow users to submit questions to financial experts through MyMoneyCircles.
A defined action plan. MyMoneyCircles will present participants with specific steps designed to get them to stop procrastinating and to start meeting their goals.
Community support. MyMoneyCircles is designed for users to share their personal experiences with other members of the community, especially those with similar needs and goals. In this way, users can help each other make progress.
Continued growth opportunties. MyMoneyCircles aims to provide multiple levels of informative material, allowing users to build on what they've learned.
Access to expertise
Central to the program is the expertise of Lynnette Khalfani-Cox. Khalfani-Cox, also known as "The Money Coach," is a best-selling author and frequently-quoted expert in the national media. Khalfani-Cox's input drives both the design and content of MyMoneyCircles, and she will answer individual participant questions too. A variety of financial specialists--full disclosure, this author will be one of them--will also be available to provide advice.

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Marlins trade away Escobar to Rays

(Reuters) - The Miami Marlins continued an off-season of cost-cutting by trading away recently acquired shortstop Yunel Escobar to the Tampa Bay Rays on Tuesday.
Escobar was signed last month in a 12-player deal that sent Miami players Jose Reyes, Mark Buehrle and Josh Johnson to Toronto.
However, the six-year player with a .282 career batting average has now been quickly shipped to the Rays in exchange for a minor leaguer.
After moving to Miami and unveiling a new stadium and manager, the Marlins entered the 2012 season with much excitement but it ended in disarray as they finished last in the National League East and fired manager Ozzie Guillen.
The Marlins have focused on saving money this off-season and their recent moves have wiped more than $150 million from their payroll.

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Sports fans can pursue U.S. antitrust case over programs

NEW YORK (Reuters) - A federal judge on Wednesday allowed sports fans to pursue a lawsuit accusing Major League Baseball, the National Hockey League and various networks of antitrust violations in how they package games for broadcast on television or the Internet.
U.S. District Judge Shira Scheindlin in Manhattan said the subscribers could pursue claims that the packaging has reduced competition, raised prices, and kept them from watching their favorite teams located outside their home markets.
"Plaintiffs in this case - the consumers - have plausibly alleged that they are the direct victims of this harm," she wrote.
The defendants include Major League Baseball, the National Hockey League, several teams in both sports, cable TV company Comcast Corp, satellite TV provider DirecTV, Madison Square Garden Co and some regional sports networks.
DirecTV declined to comment, saying it had not reviewed the decision. Comcast and the NHL had no immediate comment. Other defendants did not immediately respond to requests for comment.
Ned Diver, a lawyer for the subscribers, said in a phone interview: "We're very pleased with the decision. It's a total victory on the substance of the plaintiffs' claims."
Media companies, leagues and teams can often justify higher costs to watch their products by citing the higher costs of doing business, and that individual teams have rabid followings among viewers willing to pay more to watch events live.
"BLACKOUT" AGREEMENTS
The case arose from what the subscribers said were anticompetitive "blackout" agreements between service providers such as Comcast and DirecTV, sports networks and the leagues.
These subscribers contended that if they wanted to watch games from outside their home markets, they were required to buy packages that included all out-of-market games, even if they were interested only in one or a few nonlocal teams.
For example, a New York Yankees fan living in Colorado could not pay simply for access to that team's games, but had to buy a product such as the MLB Extra Innings television package.
The subscribers sought damages and a halt to arrangements that they said resulted in "reduced output, diminished product quality, diminished choice and suppressed price competition."
Other packages at issue are NHL Center Ice for television, and MLB.tv and NHL GameCenter LIVE for the Internet.
The defendants argued that the subscribers' alleged injuries were only indirectly related to the alleged wrongful conduct, and that Major League Baseball and NHL games did not qualify as "distinct products" subject to antitrust scrutiny.
Comcast, DirecTV and the sports networks also contended that their conduct was "presumptively legal."
PRESSURE TO SETTLE
Scheindlin nonetheless let much of the case go forward.
"Making all games available as part of a package, while it may increase output overall, does not, as a matter of law, eliminate the harm to competition wrought by preventing the individual teams from competing to sell their games outside their home territories in the first place," she wrote.
The judge did dismiss claims that Comcast, DirecTV and the sports networks conspired to monopolize markets, while allowing similar claims against Major League Baseball and the NHL to proceed. She also dismissed some individual plaintiffs from the case, saying they lacked standing to sue.
"There will be pressure on the defendants to settle before this gets to trial," which could cost "real money," said Geoffrey Rapp, a University of Toledo law professor in Ohio.
"The defendants are in some ways similar to record companies that had to adapt as a la carte options became available online, where people could buy one song rather than a whole album," he said. "Five or 10 years from now, these package-deal arrangements may no longer exist."
Among the dozens of defendants were the Yankees and its YES network; the Chicago White Sox baseball and Chicago Blackhawks hockey teams; the New York Rangers hockey team; and various Comcast SportsNet and Root Sports networks.
Last month, Rupert Murdoch's News Corp said it would buy a 49 percent stake in the YES network.
Baseball itself has had an antitrust exemption since 1922, but has long faced periodic calls from Congress and elsewhere that it be repealed.
The cases are Laumann et al v. National Hockey League et al, U.S. District Court, Southern District of New York, No. 12-01817; and Garber et al v. Office of the Commissioner of Baseball et al in the same court, No. 12-03074.

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Phillies trade young pitchers to Twins for OF Revere

(Reuters) - The Philadelphia Phillies have filled a big need by landing speedy center fielder Ben Revere in a trade with the Minnesota Twins, the Major League Baseball teams said on Thursday.
The Phillies sent right-handed pitcher Vance Worley and right-handed pitching prospect Trevor May to Minnesota.
"Ben is an outstanding, young, controllable center fielder who fits nicely with our club," Phillies General Manager Ruben Amaro Jr. said in a statement.
Revere, who had a .294 batting average with 32 RBIs, 40 stolen bases and 70 runs scored last season, will replace Shane Victorino, who signed as a free agent with the Boston Red Sox.
The Twins come out of the deal with two promising young pitchers.
Worley, 25, was 6-9 with a 4.20 earned run average after going 11-3 with a 3.01 ERA in 2011, while 23-year-old May was rated as Philadelphia's number two overall prospect.
Because Revere, 24, is not yet eligible for salary arbitration, he comes relatively cheap to the Phillies, who are still in the market for a power-hitting corner outfielder.

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Low prices boost SF home sales to 5-year Jan. high

LOS ANGELES (AP) — Home sales in the San Francisco Bay area reached a five-year high for January, as prices and mortgage rates plunged, a real estate tracking firm reported Thursday.
However, many of those purchases involved properties that were subject to foreclosures or short sales, indicating the housing market is far from recovered.
The survey by San Diego-based DataQuick also showed the median sales price in the region fell nearly 3 percent last month from December to $326,000 — less than half the peak price of $665,000 reached in 2007 but up from the low of $290,000 recorded in 2009.
A total of 5,479 new and existing homes were sold in the nine-county area, according to DataQuick. The figure was down nearly 27 percent from December but marked a 10.3-percent improvement over January 2011.
The December-to-January drop was normal for the season, while the January-to-January jump showed real improvement, DataQuick said.
The year-over-year increase in January marked the seventh annual jump in a row, the firm said.
Home sales were buoyed by "lower prices, ultra-low mortgage rates, a modestly improved economy and a record level of investor purchases," DataQuick said in a statement.
The lower median price in January was "a reflection of how skewed the market has become toward distressed, lower-cost properties," DataQuick President John Walsh said in the statement. "The higher-end sales have slowed in recent months as many struggle to qualify for loans and others just sit tight."
Distressed property sales — the combination of foreclosure and short sales — made up more than half of all sales of existing homes. Absentee buyers, who mostly are investors, bought more than a quarter of all homes sold, DataQuick reported

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