Apple loses a U.S. appeals bid in Samsung patent fight






SAN FRANCISCO (Reuters) – A U.S. appeals court on Thursday rejected Apple Inc‘s request to revive its bid for a sales ban on Samsung‘s Galaxy Nexus smartphone, dashing the iPhone maker’s attempt to recover crucial leverage in the global patent wars.


Apple had asked the full Federal Circuit Court of Appeals in Washington, D.C., to revisit a decision in October by a three-judge panel of the same court. The panel rejected Apple’s request to impose a sales ban on Samsung’s Nexus smartphone ahead of a trial set for March 2014.






An Apple spokeswoman declined to comment. A Samsung representative could not immediately be reached.


The fight in appeals court comes after Apple won a $ 1.05 billion verdict last year against Samsung in a U.S. District Court in California. The same trial judge will preside over the legal battle surrounding the Nexus phone, which involves a patent not included in the earlier trial.


The fight has been widely viewed as a proxy war between Apple and Google Inc. Samsung’s hot-selling Galaxy smartphones and tablets run on Google’s Android operating system, which Apple’s late co-founder, Steve Jobs, once denounced as a “stolen product.”


In its October ruling against Apple, the appeals court raised the bar for potentially market-crippling injunctions on product sales based on narrow patents for phone features. The legal precedent puts Samsung in a much stronger position by allowing its products to remain on store shelves while it fights a global patent battle against Apple over smartphone technology.


U.S. District Judge Lucy Koh, in San Jose, California, who has presided over much of the Apple/Samsung litigation in the United States, cited the appeals’ court decision in a December order rejecting Apple’s request for permanent sales bans on several Samsung phones. Apple has appealed Koh’s ruling.


Apple wanted the full Federal Circuit of Appeals, made up of nine active judges, to reverse the earlier ruling. But in a brief order on Thursday, the court rejected Apple’s request without detailed explanation or any published dissents.


Several experts had believed that Apple faced long odds, as the legal issues in play were not considered controversial enough to spur full court review.


Apple could still appeal to the U.S. Supreme Court. However, the high court has made it more difficult for patent plaintiffs to secure sales injunctions in recent years.


The case in the Federal Circuit is Apple Inc. vs Samsung Electronics Co Ltd et al, 12-1507.


(Reporting By Dan Levine; Editing by John Wallace, Grant McCool and Leslie Adler)


Tech News Headlines – Yahoo! News





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49ers' Culliver apologizes for anti-gay remarks


NEW ORLEANS (AP) — San Francisco 49ers cornerback Chris Culliver apologized Thursday for anti-gay comments he made to a comedian during Super Bowl media day, saying "that's not what I feel in my heart."


"I'm sorry if I offended anyone. They were very ugly comments," Culliver said during an hour-long media session. "Hopefully I learn and grow from this experience and this situation."


He said he would welcome a gay teammate to the 49ers, a reversal of his remarks to Artie Lange two days earlier during an interview at the Superdome.


"I treat everyone equal," Culliver said. "That's not how I feel."


He added that he realized his comments were especially offensive to many people in San Francisco and the Bay Area, which is home to a large gay community.


"I love San Francisco," Culliver said.


During the interview with Lange, Culliver responded to questions by saying he wouldn't welcome a gay player in the locker room. He also said the 49ers didn't have any gay players, and if they did those players should leave.


San Francisco coach Jim Harbaugh met privately with Culliver to discuss the remarks.


"I reject what he said," Harbaugh said. "That's not something that reflects the way the organization feels, the way the rest of the players feel."


The coach would not discuss if Culliver would face discipline from the team, such as a fine or loss of playing time.


"He pledged to grow from it," Harbaugh said.


The interview began with Lange asking Culliver about his sexual plans with women during Super Bowl week. Lange followed up with a question about whether Culliver would consider pursuing a gay man.


"I don't do the gay guys, man. I don't do that," Culliver said during the one-minute taped interview. "Ain't got no gay people on the team. They gotta get up outta here if they do. Can't be with that sweet stuff."


Lange asked Culliver to reiterate his thoughts, to which the player said, "It's true." He added he wouldn't welcome a gay teammate — no matter how talented.


"Nah. Can't be ... in the locker room, nah," he said. "You've gotta come out 10 years later after that."


The 24-year-old Culliver, a third-round draft pick in 2011 out of South Carolina, made 47 tackles with two interceptions and a forced fumble this season while starting six games for the NFC champion Niners (13-4-1).


He had his first career postseason interception in San Francisco's 28-24 win at Atlanta for the NFC title, which sent the 49ers to the Super Bowl for the first time since 1995. They will face the AFC champion Baltimore Ravens on Sunday.


The 49ers participate in the NFL's "It Gets Better" anti-bullying campaign. Three organizations working for LGBT inclusion in sports — Athlete Ally, You Can Play, and GLAAD — reacted to Culliver's remarks and later acknowledged his apology.


"Chris Culliver's comments were disrespectful, discriminatory and dangerous, particularly for the young people who look up to him," said Athlete Ally Executive Director Hudson Taylor. "His words underscore the importance of the athlete ally movement and the key role that professional athletes play in shaping an athletic climate that affirms and includes gay and lesbian players."


Calling Lange's questions "real disrespectful," Culliver said he realized he was speaking to a comedian and not a journalist.


"That was pretty much in a joking manner," the player said. "It's nothing about how I feel."


Ravens linebacker Brendon Ayanbadejo, who made headlines this season with his vocal support of a gay-marriage initiative in Maryland, said Culliver's comments to Lange were reflective of how many players in the NFL feel, even if they don't express it publicly. He hopes the 49ers cornerback will learn from this experience and become a positive role model in the quest for equality.


"You can't fight hate with hate," Ayanbadejo said. "You've got to fight hate with love."


Baltimore safety Bernard Pollard said Culliver should be allowed to express his views, even if some people found them offensive.


"The guy's entitled to his own opinion," said Pollard, who has acknowledged that he disagrees with Ayanbadejo's stand on gay marriage. "I'm not going to sit here and knock him. I'm not going to sit here and judge him. It's freedom of speech. If you don't like it, don't listen to it."


___


Follow Paul Newberry on Twitter at www.twitter.com/pnewberry1963


___


Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL


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During Trial, New Details Emerge on DuPuy Hip





When Johnson & Johnson announced the appointment in 2011 of an executive to head the troubled orthopedics division whose badly flawed artificial hip had been recalled, the company billed the move as a fresh start.




But that same executive, it turns out, had supervised the implant’s introduction in the United States and had been told by a top company consultant three years before the device was recalled that it was faulty.


In addition, the executive also held a senior marketing position at a time when Johnson & Johnson decided not to tell officials outside the United States that American regulators had refused to allow sale of a version of the artificial hip in this country.


The details about the involvement of the executive, Andrew Ekdahl, with the all-metal hip implant emerged Wednesday in Los Angeles Superior Court during the trial of a patient lawsuit against the DePuy Orthopaedics division of Johnson & Johnson. More than 10,000 lawsuits have been filed against DePuy in connection with the device — the Articular Surface Replacement, or A.S.R. — and the Los Angeles case is the first to go to trial.


The information about the depth of Mr. Ekdahl’s involvement with the implant may raise questions about DePuy’s ability to put the A.S.R. episode behind it.


Asked in an e-mail why the company had promoted Mr. Ekdahl, a DePuy spokeswoman, Lorie Gawreluk, said the company “seeks the most accomplished and competent people for the job.”


On Wednesday, portions of Mr. Ekdahl’s videotaped testimony were shown to jurors in the Los Angeles case. Other top DePuy marketing executives who played roles in the A.S.R. development are expected to testify in coming days. Mr. Ekdahl, when pressed in the taped questioning on whether DePuy had recalled the A.S.R. because it was unsafe, repeatedly responded that the company had recalled it “because it did not meet the clinical standards we wanted in the marketplace.”


Before the device’s recall in mid-2010, Mr. Ekdahl and those executives all publicly asserted that the device was performing extremely well. But internal documents that have become public as a result of litigation conflict with such statements.


In late 2008, for example, a surgeon who served as one of DePuy’s top consultants told Mr. Ekdahl and two other DePuy marketing officials that he was concerned about the cup component of the A.S.R. and believed it should be “redesigned.” At the time, DePuy was aggressively promoting the device in the United States as a breakthrough and it was being implanted into thousands of patients.


“My thoughts would be that DePuy should at least de-emphasize the A.S.R. cup while the clinical results are studied,” that consultant, Dr. William Griffin, wrote.


A spokesman for Dr. Griffin said he was not available for comment.


The A.S.R., whose cup and ball components were both made of metal, was first sold by DePuy in 2003 outside the United States for use in an alternative hip replacement procedure called resurfacing. Two years later, DePuy started selling another version of the A.S.R. for use here in standard hip replacement that used the same cup component as the resurfacing device. Only the standard A.S.R. was sold in the United States; both versions were sold outside the country.


Before the device recall in mid-2010, about 93,000 patients worldwide received an A.S.R., about a third of them in this country. Internal DePuy projections estimate that it will fail in 40 percent of those patients within five years; a rate eight times higher than for many other hip devices.


Mr. Ekdahl testified via tape Wednesday that he had been placed in charge of the 2005 introduction of the standard version of the A.S.R. in this country. Within three years, he and other DePuy executives were receiving reports that the device was failing prematurely at higher than expected rates, apparently because of problems related to the cup’s design, documents disclosed during the trial indicate.


Along with other DePuy executives, he also participated in a meeting that resulted in a proposal to redesign the A.S.R. cup. But that plan was dropped, apparently because sales of the implant had not justified the expense, DePuy documents indicate.


In the face of growing complaints from surgeons about the A.S.R., DePuy officials maintained that the problems were related to how surgeons were implanting the cup, not from any design flaw. But in early 2009, a DePuy executive wrote to Mr. Ekdahl and other marketing officials that the early failures of the A.S.R. resurfacing device and the A.S.R. traditional implant, known as the XL, were most likely design-related.


“The issue seen with A.S.R. and XL today, over five years post-launch, are most likely linked to the inherent design of the product and that is something we should recognize,” that executive, Raphael Pascaud wrote in March 2009.


Last year, The New York Times reported that DePuy executives decided in 2009 to phase out the A.S.R. and sell existing inventories weeks after the Food and Drug Administration asked the company for more safety data about the implant.


The F.D.A. also told the company at that time that it was rejecting its efforts to sell the resurfacing version of the device in the United States because of concerns about “high concentration of metal ions” in the blood of patients who received it.


DePuy never disclosed the F.D.A. ruling to regulators in other countries where it was still marketing the resurfacing version of the implant.


During a part of that period, Mr. Ekdahl was overseeing sales in Europe and other regions for DePuy. When The Times article appeared last year, he issued a statement, saying that any implication that the F.D.A. had determined there were safety issues with the A.S.R. was “simply untrue.” “This was purely a business decision,” Mr. Ekdahl stated at that time.


This article has been revised to reflect the following correction:

Correction: January 30, 2013

The headline on an earlier version of this article described the start of the DePuy trial incorrectly. It began last week, not Wednesday. The error was repeated in an earlier summary.



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Law Schools’ Applications Fall as Costs Rise and Jobs Are Cut





Law school applications are headed for a 30-year low, reflecting increased concern over soaring tuition, crushing student debt and diminishing prospects of lucrative employment upon graduation.




As of this month, there were 30,000 applicants to law schools for the fall, a 20 percent decrease from the same time last year and a 38 percent decline from 2010, according to the Law School Admission Council. Of some 200 law schools nationwide, only 4 have seen increases in applications this year. In 2004 there were 100,000 applicants to law schools; this year there are likely to be 54,000.


Such startling numbers have plunged law school administrations into soul-searching debate about the future of legal education and the profession over all.


“We are going through a revolution in law with a time bomb on our admissions books,” said William D. Henderson, a professor of law at Indiana University, who has written extensively on the issue. “Thirty years ago if you were looking to get on the escalator to upward mobility, you went to business or law school. Today, the law school escalator is broken.”


Responding to the new environment, schools are planning cutbacks and accepting students they would not have admitted before.


A few schools, like the Vermont Law School, have started layoffs and buyouts of staff. Others, like at the University of Illinois, have offered across-the-board tuition discounts to keep up enrollments. Brian Leiter of the University of Chicago Law School, who runs a blog on the topic, said he expected as many as 10 schools to close over the coming decade, and half to three-quarters of all schools to reduce class size, faculty and staff.


After the normal dropout of some applicants, the number of those matriculating in the fall will be about 38,000, the lowest since 1977, when there were two dozen fewer law schools, according to Brian Z. Tamanaha of Washington University Law School, the author of “Failing Law Schools.”


The drop in applications is widely viewed as directly linked to perceptions of the declining job market. Many of the reasons that law jobs are disappearing are similar to those for disruptions in other knowledge-based professions, namely the growth of the Internet. Research is faster and easier, requiring fewer lawyers, and is being outsourced to less expensive locales, including West Virginia and overseas.


In addition, legal forms are now available online and require training well below a lawyer’s to fill them out.


In recent years there has also been publicity about the debt load and declining job prospects for law graduates, especially of schools that do not generally provide employees to elite firms in major cities. Last spring, the American Bar Association released a study showing that within nine months of graduation in 2011, only 55 percent of those who finished law school found full-time jobs that required passage of the bar exam.


“Students are doing the math,” said Michelle J. Anderson, dean of the City University of New York School of Law. “Most law schools are too expensive, the debt coming out is too high and the prospect of attaining a six-figure-income job is limited.”


Mr. Tamanaha of Washington University said the rise in tuition and debt was central to the decrease in applications. In 2001, he said, the average tuition for private law school was $23,000; in 2012 it was $40,500 (for public law schools the figures were $8,500 and $23,600). He said that 90 percent of law students finance their education by taking on debt. And among private law school graduates, the average debt in 2001 was $70,000; in 2011 it was $125,000.


“We have been sharply increasing tuition during a low-inflation period,” he said of law schools collectively, noting that a year at a New York City law school can run to more than $80,000 including lodging and food. “And we have been maximizing our revenue. There is no other way to describe it. We will continue to need lawyers, but we need to bring the price down.”


Some argue that the drop is an indictment of the legal training itself — a failure to keep up with the profession’s needs.


“We have a significant mismatch between demand and supply,” said Gillian K. Hadfield, professor of law and economics at the University of Southern California. “It’s not a problem of producing too many lawyers. Actually, we have an exploding demand for both ordinary folk lawyers and big corporate ones.”


She said that, given the structure of the legal profession, it was hard to make a living dealing with matters like mortgage and divorce, and that big corporations were dissatisfied with what they see as the overly academic training at elite law schools.


The drop in law school applications is unlike what is happening in almost any other graduate or professional training, except perhaps to veterinarians. Medical school applications have been rising steadily for the past decade.


Debra W. Stewart, president of the Council of Graduate Schools, said applicants to master of business degrees were steady — a 0.8 percent increase among Americans in 2011 after a decade of substantial growth. But growth in foreign student applications — 13 percent over the same period — made up the difference, something from which law schools cannot benefit, since foreigners have less interest in American legal training.


In the legal academy, there has been discussion about how to make training less costly and more relevant, with special emphasis on the last year of law school. A number of schools, including elite ones like Stanford, have increased their attention to clinics, where students get hands-on training. Northeastern Law School in Boston, which has long emphasized in-the-field training, has had one of the smallest decreases in its applicant pool this year, according to Jeremy R. Paul, the new dean.


There is also discussion about permitting students to take the bar after only two years rather than three, a decision that would have to be made by the highest officials of a state court system. In New York, the proposal is under active consideration largely because of a desire to reduce student debt.


Some, including Professor Hadfield of the University of Southern California, have called for one- or two-year training programs to create nonlawyer specialists for many tasks currently done by lawyers. Whether or not such changes occur, for now the decline is creating what many see as a cultural shift.


“In the ’80s and ’90s, a liberal arts graduate who didn’t know what to do went to law school,” Professor Henderson of Indiana said. “Now you get $120,000 in debt and a default plan of last resort whose value is just too speculative. Students are voting with their feet. There are going to be massive layoffs in law schools this fall. We won’t have the bodies we need to meet the payroll.”


This article has been revised to reflect the following correction:

Correction: January 31, 2013

An earlier version of this article misidentified those at the Vermont Law School who would be subject to layoffs and buyouts. It is the staff, not professors.



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Somalia Moves to Prosecute Woman Who Accused Soldiers of Rape





NAIROBI, Kenya — The Somali government, in a move that has outraged human rights groups, has charged a woman who said she was gang-raped by soldiers with making a false accusation and having “insulted and lowered the dignity of a National Institution,” crimes that could mean many years in prison.




The woman’s husband has also been jailed — essentially for backing up his wife’s allegations — and so has a Somali journalist who interviewed the woman, even though he never published any information.


The Somali government said that the woman was lying for financial gain and that she later admitted that her story was “bogus.”


But Somali advocacy groups criticized the government’s hard line on this case, which they said would prompt many rape victims to remain silent despite years of trying to empower them to come forward.


“Women are now asking me, ‘Who’s going to protect us?’ ” said Fartuun Adan, who runs a shelter for abused women in Somalia. “They’re saying, ‘What are we supposed to do?’ ”


There is no question that rape by armed men is a serious problem in Somalia. Though Somalia has become significantly more stable, there are still thousands of young women living in squalid displaced-persons camps and loose bands of soldiers and other gunmen roaming around with heavy weapons, essentially doing as they please.


This week, a United Nations official reported more than 1,100 cases of sexual violence last year in Somalia, a figure that the United Nations considers alarming but an underestimation.


When Somalia’s new president, Hassan Sheikh Mohamud, took office last year, he announced that his government was committed to cracking down on rapists and protecting vulnerable women.


But in the past few weeks, Somali government officials have aggressively pursued the woman who made the recent rape allegation, saying that her story was “simply baseless” and that a medical examiner confirmed she had not been raped.


Several people in Mogadishu, Somalia’s capital, who have met the woman said she was forced by the police to recant. The woman, whose identity has been released by the Somali government but is being withheld by The New York Times, is 27 years old and has been living in a displaced-persons camp in Mogadishu with several young children. She said she was raped last August by five members of the government’s security services who forced her at gunpoint into an abandoned high school and then took turns assaulting her. She was on her way to get food for the children at the time, she said.


Her prosecution appears to be linked to an article by Al Jazeera published on Jan. 6 that detailed rape allegations against government soldiers and apparently embarrassed the new government, which recently has been making the rounds with donor nations, asking for millions to help rebuild Somalia.


But Al Jazeera did not base its article on the woman’s allegations. After the article appeared, police officials found out that the woman had accused government soldiers of rape and then they arrested Abdiaziz Abdinur Ibrahim, a freelance journalist who had interviewed her, even though he did not work with Al Jazeera or publish any of his information.


Mr. Ibrahim, 25, has been in jail for more than two weeks, along with the woman’s husband. The three appeared in court on Tuesday, along with two others connected to the case, and more hearings are expected next week.


In the recent past, the worst culprit for rape in Somalia was the Shabab militant group, which presented itself as a morally righteous rebel force and the defender of Islam, even though it had been seizing women and girls as spoils of war, gang-raping and abusing them as part of its reign of terror. Many victims and witnesses said that Shabab militants forced families to hand over girls for arranged marriages that often lasted no more than a few weeks and were essentially sexual slavery, a cheap way to bolster their ranks’ flagging morale. One teenage girl who refused to be locked into such a marriage was buried up to her neck in sand and then had her head bashed in, rock by rock.


But as the Shabab have been pushed out by African Union peacekeepers from most of the areas they used to control, government troops are now a bigger problem in terms of preying upon defenseless civilians, human rights advocates say.


Lisa Shannon, an American who co-founded Sister Somalia, an organization that helps rape victims in Somalia, recently visited Mogadishu, where she heard many allegations of government soldiers’ gang-raping women.


She said the attacks were “happening in camps, happening around town, it has not slowed down at all.”


She called the case against the woman who made the recent rape allegation a “huge red flag.”


“It’s taken a long time to get women in Somalia to speak openly about this,” Ms. Shannon said on Wednesday. “Now they are all terrified.”


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The Z10 is a good first step, but BlackBerry still has to fix its app problem






BlackBerry, a.k.a., the Company Formerly Known as RIM, made good with its first two BlackBerry 10 smartphones on Wednesday. While the new devices are far from perfect, they will at the very least make long-suffering BlackBerry fans very happy and should provide a needed boost to a company in desperate need of growth. That said, BlackBerry still has a major problem that it will have to fix if it ever hopes to lure Android and iOS users away from their devices — it needs to improve the quality of apps that are available on its platform.


[More from BGR: BlackBerry Z10 review]






BlackBerry has done its best to spin its app situation as a positive, touting the roughly 70,000 apps that will be available for BlackBerry 10 at its launch. This number sounds impressive until you realize that the vast majority of these apps are ported from Android or from the BlackBerry Playbook. Even worse for the company, earlier reviews have indicated that many of these apps don’t at all function well, especially since a good portion of them were ported over from Android 2.3 Gingerbread or earlier.


[More from BGR: BlackBerry Q10 preview]


This is obviously not a sustainable situation for BlackBerry in the long term, and to the company’s credit it did announce some very important apps that are being developed directly for the BlackBerry 10 platform, including Skype, WhatsApp and the Angry Birds franchise. But there is a glaring absence that should give pause to anyone feeling optimistic about the platform’s ability to attract top developers in the future: Instagram.


Yes, Instagram is just one app, but it’s also one of the most popular in the world and it’s owned by Facebook (FB), the social networking giant that BlackBerry supposedly has a close partnership with. If BlackBerry can’t convince one of its close partners to develop an app that’s ready in time for its big platform launch, then it really calls into question how much clout the company will have with smaller developers that may not have the resources to build for more than two platforms.


And BlackBerry’s ability to attract the smaller developers is crucial to its future success because we’ve all seen mobile apps that come out of nowhere on iOS and Android and suddenly take the world by storm. If BlackBerry is constantly rushing around trying to get upstart app developers to make native BlackBerry 10 apps months after those developers have hit it big on other platforms, it will put the company at a perpetual disadvantage. This is a problem that BlackBerry desperately needs to fix by the time its next smartphones roll out.


This article was originally published on BGR.com


Gadgets News Headlines – Yahoo! News




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Lewis says he's 'agitated,' not angry about story


NEW ORLEANS (AP) — Smiling, even laughing, at questions about a report linking him to a company that purports to make performance-enhancers, Baltimore Ravens linebacker Ray Lewis says he "never, ever took" the stuff.


Lewis also says he's "agitated," not angry, that the story has become part of the Super Bowl-week prelude to Baltimore's game against the San Francisco 49ers on Sunday.


He said Wednesday that he's certain his teammates won't be distracted by the report in Sports Illustrated. The magazine said Lewis sought help from a company that says its deer-antler spray and pills contain a banned product connected to human growth hormone. Lewis is the leading tackler in the NFL postseason after returning from a torn right triceps that sidelined him for 10 games.


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The Consumer: The Drug-Dose Gender Gap

Most sleeping pills are designed to knock you out for eight hours. When the Food and Drug Administration was evaluating a new short-acting pill for people to take when they wake up in the middle of the night, agency scientists wanted to know how much of the drug would still be in users’ systems come morning.

Blood tests uncovered a gender gap: Men metabolized the drug, Intermezzo, faster than women. Ultimately the F.D.A. approved a 3.5 milligram pill for men, and a 1.75 milligram pill for women.

The active ingredient in Intermezzo, zolpidem, is used in many other sleeping aids, including Ambien. But it wasn’t until earlier this month that the F.D.A. reduced doses of Ambien for women by half.

Sleeping pills are hardly the only medications that may have unexpected, even dangerous, effects in women. Studies have shown that women respond differently than men to many drugs, from aspirin to anesthesia. Researchers are only beginning to understand the scope of the issue, but many believe that as a result, women experience a disproportionate share of adverse, often more severe, side effects.

“This is not just about Ambien — that’s just the tip of the iceberg,” said Dr. Janine Clayton, director for the Office of Research on Women’s Health at the National Institutes of Health. “There are a lot of sex differences for a lot of drugs, some of which are well known and some that are not well recognized.”

Until 1993, women of childbearing age were routinely excluded from trials of new drugs. When the F.D.A. lifted the ban that year, agency researchers noted that because landmark studies on aspirin in heart disease and stroke had not included women, the scientific community was left “with doubts about whether aspirin was, in fact, effective in women for these indications.”

Because so many drugs were tested mostly or exclusively in men, scientists may know little of their effects on women until they reach the market. A Government Accountability Office study found that 8 of 10 drugs removed from the market from 1997 through 2000 posed greater health risks to women.

For example, Seldane, an antihistamine, and the gastrointestinal drug Propulsid both triggered a potentially fatal heart arrhythmia more often in women than in men. Many drugs still on the market cause this arrhythmia more often in women, including antibiotics, antipsychotics, anti-malarial drugs and cholesterol-lowering drugs, Dr. Clayton said. Women also tend to use more medications than men.

The sex differences cut both ways. Some drugs, like the high blood pressure drug Verapamil and the antibiotic erythromycin, appear to be more effective in women. On the other hand, women tend to wake up from anesthesia faster than men and are more likely to experience side effects from anesthetic drugs, according to the Society for Women’s Health Research.

Women also react differently to alcohol, tobacco and cocaine, studies have found.

It’s not just because women tend to be smaller than men. Women metabolize drugs differently because they have a higher percentage of body fat and experience hormonal fluctuations and the monthly menstrual cycle. “Some drugs are more water-based and like to hang out in the blood, and some like to hang out in the fat tissue,” said Wesley Lindsey, assistant professor of pharmacy practice at Auburn University, who is a co-author of a paper on sex-based differences in drug activity.

“If the drug is lipophilic” — attracted to fat cells — “it will move into those tissues and hang around for longer,” Dr. Lindsey added. “The body won’t clear it as quickly, and you’ll see effects longer.”

There are also sex differences in liver metabolism, kidney function and certain gastric enzymes. Oral contraceptives, menopause and post-menopausal hormone treatment further complicate the picture. Some studies suggest, for example, that when estrogen levels are low, women may need higher doses of drugs called angiotensin receptor blockers to lower blood pressure, because they have higher levels of proteins that cause the blood vessels to constrict, said Kathryn Sandberg, director of the Center for the Study of Sex Differences in Health, Aging and Disease at Georgetown.

Many researchers say data on these sex differences must be gathered at the very beginning of a drug’s development — even before trials on human subjects begin.

“The path to a new drug starts with the basic science — you study an animal model of the disease, and that’s where you discover a drug target,” Dr. Sandberg said. “But 90 percent of researchers are still studying male animal models of the disease.”

There have been improvements. In an interview, Dr. Robert Temple, with the Center for Drug Evaluation and Research at the F.D.A., said the agency’s new guidelines in 1993 called for studies of sex differences at the earliest stages of drug development, as well as for analysis of clinical trial data by sex.

He said early research on an irritable bowel syndrome drug, alosetron (Lotronex), suggested it would not be effective in men. As a result, only women were included in clinical trials, and it was approved only for women. (Its use is restricted now because of serious side effects.)

But some scientists say drug metabolism studies with only 10 or 15 subjects are too small to pick up sex differences. Even though more women participate in clinical trials than in the past, they are still underrepresented in trials for heart and kidney disease, according to one recent analysis, and even in cancer trials.

“The big problem is we’re not quite sure how much difference this makes,” Dr. Lindsey said. “We just don’t have a good handle on it.”


Readers may submit comments or questions for The Consumer by e-mail to consumer@nytimes.com.

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Nintendo Warns of Weak Wii U Sales







TOKYO — Nintendo said Wednesday that it expected to sell far fewer units of its Wii U game console than it had anticipated, reducing the sales outlook for its flagship device just two months after its release.




Nintendo has a lot riding on the Wii U, the successor to the Wii, which revolutionized the gaming industry six years ago with a casual approach that brought video games to new audiences. The company is banking on the Wii U to revive its fortunes after the disappointing introduction in 2011 of its hand-held gaming machine, the 3DS, which prompted the company to sharply reduce its price to stoke demand.


Nintendo executives had also said the Wii U would prove that dedicated game systems still had a future in a world now teeming with less expensive, more convenient mobile games played on smartphones and tablets.


The latest numbers from Nintendo are not promising. The company said that it had sold 3.06 million Wii U games and that it expected sales to hit just 4 million units through March, almost 30 percent less than a previous projection of 5.5 million.


Nintendo also downgraded its 3DS sales expectations, saying that it would sell 15 million units through March instead of its previous forecast of 17.5 million units, and that it expected to sell fewer games.


“Nintendo needs a change in strategy,” said Michael Pachter, a gaming research analyst for Wedbush Securities, a Los Angeles-based investment firm. He said Nintendo had botched the Wii U design — a touch screen used together with a television — and the device was unimpressive for core gamers and baffling for casual ones.


Nintendo executives needed to restructure the company so it would continue to be profitable even with lower hardware sales, Mr. Pachter said. He also said the company should considering developing smartphone games, a move Nintendo has resisted.


“Smartphones and tablets are nibbling away at the edges of the market for games,” he said. “If they can’t beat it, they should consider making money off it. Why can’t Mario be on the smartphone?”


Still, Nintendo has returned to profitability for the first nine months of its business year, largely thanks to the weakening of the yen. That lowers the costs of Japanese exporters and bolsters their earnings.


Nintendo’s profit for the April-to-December period came to ¥14.55 billion, or $160 million, compared with a loss of ¥48.35 billion a year earlier, the company said in an earnings announcement that painted a mixed picture of its prospects.


The company raised its profit forecast for the business year through March to ¥14 billion from ¥6 billion. Nintendo does not break out quarterly results.


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The Lede Blog: Under Attack, Cairo Hotel Sends Twitter SOS

Video of unidentified men streaming into the lobby of Cairo’s Semiramis InterContinental hotel broadcast live on Egypt’s ONTV early Tuesday.

Last Updated, 2:56 p.m. As our colleagues Kareem Fahim, David Kirkpatrick and Mayy El Sheikh report, the mayhem on Cairo’s streets briefly spilled into the lobby of one of the city’s luxury hotels, the Semiramis InterContinental, during intense clashes between riot police and protesters along the Nile Corniche overnight.

Images of a mob streaming into the hotel, broadcast live on Egyptian television and then posted online, raised fears of further damage to the country’s already battered tourist industry. Coming at the same time as violence in cities on the Suez Canal, this week’s unrest threatened two of the main pillars of the Egyptian economy.

Judging by a series of urgent pleas for help posted on the hotel’s Twitter feed, the raid came just after 2:30 a.m. local time.

Within an hour of sounding the alarm on the social network, the staff reported on Twitter that the security forces had arrived.

Guards at the hotel told Bel Trew of the Egyptian news site Ahram Online that phone calls to the police and the army initially went unheeded as about 40 men armed with shotguns, knives and a semiautomatic weapon broke into the shuttered lobby and started looting.

An Ahram Online journalist who witnessed the attack, Karim Hafez, said that protesters had stopped fighting with the police to help secure the hotel: “When they realized these groups were trying to loot the hotel, protesters shot fire crackers at them as they attacked the building and tried to push them away from the area but these groups were armed with birdshot bullets.”

This reported cooperation of the protesters with the police officers they have been battling for days on the street outside the hotel prompted bloggers like the British-Egyptian journalist Sarah Carr to comment on the black comedy of the situation.

Another Egyptian blogger, Mohammed Maree, reported on his @mar3e Twitter feed that a police captain on the scene confirmed to him that the protesters who were fighting with the security forces when the raid took place were not responsible for the storming of the hotel.

Mr. Maree also reported that witnesses to the raid said it began after four people drove up in a car with no license plates and fired shots to scare protesters away, before storming the hotel. He later posted a photograph of some of the hotel’s guests leaving under the protection of protesters.

Nabila Samak, a spokeswoman for the hotel who posted the calls for help on Twitter, told The Times that the staff had called Egyptian television stations for help earlier in the evening, well before the attack, after appeals to the security forces for protection went unanswered.

Ms. Samak told Ahram Online that the staff worked to secure the hotel’s guests but were not equipped to cope with the effective collapse of the police force, since, “no guards of hotels in Egypt are armed.” Later she thanked protesters for coming to the aid of the hotel’s staff and guests.

A Saudi women who identified herself as a guest at the hotel, Hilda Ismail, posted updates and photographs from a shelter the guests were taken to during the incident on her Arabic-language Twitter feed.

In one message, she wrote: “If there is no Egyptian security, and if Morsi is sleeping, where are this country’s men!! Come get these dogs, the Semiramis Hotel is being ransacked and we are there.”

Later, Ms. Ismail uploaded a brief video clip of a man attempting to reassure guests that they were safe after the arrival of special forces officers from the ministry of the interior led by a Captain Moataz.

In the clip, the man tells the guests that the police captain wants “to assure you that the hotel is secured and it is under the control of the ministry of the interior now. Within no time you will go back to your rooms and already are in safe hands.” The police, the man added, “will make sure that such thugs will not enter the hotel again. We are sorry.”

Ms. Ismail also posted an image of the ransacked lobby on Twitter.

Ms. Ismai’s claim to have been a guest at the hotel was supported by the fact that she had uploaded a brief video clip, apparently shot from a high floor of the hotel, showing the fighting on the Nile Corniche below.

The luxury hotel chain, which was created in 1946 by Pan American World Airways, did not immediately reply to a request for comment, but an executive in Cairo told Al-Masry Al-Youm, an Egyptian newspaper, that “more than 45 clients insisted on leaving despite the hotel’s offer to relocate them to higher floors, away from the clashes.”

Although the hotel then announced that it would be closed for security reasons, the staff posted another urgent plea for help on Twitter late Tuesday.

Reporting was contributed by Kareem Fahim in Cairo.


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