Samsung goes after HTC deal to undercut Apple-filing

SAN FRANCISCO (Reuters) – When Apple Inc and HTC Corp last week ended their worldwide legal battles with a 10-year patent licensing agreement, they declined to answer a critical question: whether all of Apple‘s patents were covered by the deal.

It’s an enormously important issue for the broader smartphone patent wars. If all the Apple patents are included -including the “user experience” patents that the company has previously insisted it would not license – it could undermine the iPhone makers efforts to permanently ban the sale of products that copy its technology.

Samsung Electronics Co Ltd, which could face such a sales ban following a crushing jury verdict against it in August, now plans to ask a U.S. judge to force Apple to turn over a copy of the HTC agreement, according to a court filing on Friday.

Representatives for Apple and Samsung could not immediately be reached for comment.

Judges are reluctant to block the sale of products if the dispute can be resolved via a licensing agreement. To secure an injunction against Samsung, Apple must show the copying of its technology caused irreparable harm and that money, by itself, is an inadequate remedy.

Ron Laurie, managing director of Inflexion Point Strategy and a veteran IP lawyer, said he found it very unlikely that HTC would agree to a settlement that did not include all the patents.

If the deal did in fact include everything, Laurie and other legal experts said that would represent a very clear signal that Apple under CEO Tim Cook was taking a much different approach to patent issues than his predecessor, Steve Jobs.

Apple first sued HTC in March 2010, and has been litigating for more than two years against handset manufacturers who use Google’s Android operating system.

Apple co-founder Jobs promised to go “thermonuclear” on Android, and that threat has manifested in Apple’s repeated bids for court-imposed bans on the sale of its rivals’ phones.

Cook, on the other hand, has said he prefers to settle rather than litigate, if the terms are reasonable. But prior to this month, Apple showed little willingness to license its patents to an Android maker.

HOLY PATENTS

In August, a Northern California jury handed Apple a $ 1.05 billion verdict, finding that Samsung’s phones violated a series of Apple’s software and design patents.

Apple quickly asked U.S. District Judge Lucy Koh to impose a permanent sales ban on those Samsung phones, and a hearing is scheduled for next month in San Jose, California.

In a surprise announcement on Saturday, however, Apple and HTC announced a license agreement covering “current and future patents” at both companies. Specific terms are unknown, though analysts have speculated that HTC will pay Apple somewhere between $ 5 and $ 10 per phone.

During the Samsung trial, Apple IP chief Boris Teksler said the company is generally willing to license many of its patents – except for those that cover what he called Apple’s “unique user experience” like touchscreen functionality and design.

However, Teksler acknowledged that Apple has, on a few occasions, licensed those holy patents – most notably to Microsoft, which signed an anti-cloning agreement as part of the deal.

In opposing Apple’s injunction request last month, Samsung said Apple’s willingness to license at all shows money should be sufficient compensation, court documents show.

Apple has already licensed at least one of the prized patents in the Samsung case to both Nokia and IBM. That fact was confidential until late last year, when the court mistakenly released a ruling with details that should have been hidden from public view.

In a court filing last week, Apple argued that its Nokia, IBM and Microsoft deals shouldn’t stand in the way of an injunction. Microsoft’s license only covers Apple patents filed before 2002, and IBM signed several years before the iPhone launched, according to Apple.

“IBM’s agreement is a cross license with a party that does not market smartphones,” Apple wrote.

Apple’s seeming shift away from Jobs-style war, and toward licensing, may also reflect a realization that injunctions have become harder to obtain for a variety of reasons.

Colleen Chien, a professor at Santa Clara Law in Silicon Valley, said an appellate ruling last month that tossed Apple’s pretrial injunction against the Samsung Nexus phone raised the legal standard for everyone.

“The ability of technology companies to get injunctions on big products based on small inventions, unless the inventions drive consumer’s demand, has been whittled away significantly,” Chien said.

The case in U.S. District Court, Northern District of California is Apple Inc v. Samsung Electronics Co Ltd et al, 11-1846.

(Reporting By Dan Levine and Poornima Gupta; Editing by Bernard Orr)

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Smoking in pregnancy tied to lower reading scores

NEW YORK (Reuters Health) – Babies exposed to their mother’s cigarette smoke in the womb later perform more poorly on reading comprehension tests, according to a new study.

“It’s not a little difference – it’s a big difference in accuracy and comprehension at a critical time when children are being assessed, and are getting a sense of what it means to be successful,” lead author Dr. Jeffrey Gruen of Yale University told Reuters Health.

In the study, researchers found that children born to mothers who smoked more than one pack per day struggled on tests specifically designed to measure how accurately a child reads aloud and if she understands what she read.

On average, children exposed to high levels of nicotine in utero — defined as the minimum amount in one pack of cigarettes per day — scored 21 percent lower in these areas than classmates born to non-smoking mothers. The difference remained even when researchers took other factors — such as if parents read books to their children, worked in lower-paying jobs or were married — into account.

Put another way, among students who share similar backgrounds and education, a child of a smoking mother will on average be ranked seven places lower in a class of 31 in reading accuracy and comprehension ability, said co-author Jan Frijters of Brock University in Ontario, Canada.

Previous studies have found smoking during pregnancy is linked to lower IQ scores and academic achievement, and more behavioral disorders. The authors found no reports so far that zeroed in on specific reading tasks like accuracy and comprehension in a large population.

The team, which published their results in The Journal of Pediatrics, pulled data from more than 5,000 children involved in the Avon Longitudinal Study of Parents and Children (ALSPC) study that began in the early 1990s in the UK. Only data from children with IQ scores of 76 and higher were used. An IQ score of 70 and below can be the sign of a mental disability.

UK researchers collected questionnaires from mothers before and after giving birth. This helps make the self-reported data more trustworthy, explained Sam Oh of the University of California, San Francisco, who wasn’t involved with the work. If mothers knew their child’s reading scores beforehand, they might subconsciously report more or less smoking.

“To me, this study suggests that the effects attributed to in utero smoking can in fact be attributed to the intrauterine environment, and not due to environmental differences that the children grow up in,” Oh told Reuters Health by email.

Large observational studies like this one call attention to patterns, but do not prove a direct cause-effect relationship between cigarette smoking and low reading scores.

Despite public health initiatives to discourage smoking, as many as one in six pregnant American women still light up, according to national surveys by the Centers for Disease Control and Prevention and the U.S. Department of Health and Human Services.

“That is a lot of children,” Dr. Tomáš Paus of the University of Toronto told Reuters Health.

Paus added that the study tied the effects of low test scores to nicotine in cigarettes, which also produce other harmful chemicals and carbon dioxide. Either way, smoking while pregnant seems to put a baby at risk for negative health outcomes.

“We should not be happy with those rates. Smoking during pregnancy is preventable,” Paus said.

SOURCE: http://bit.ly/W7v2kM The Journal of Pediatrics, online November 5, 2012.

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Why Mommy Can’t Get Ahead

In political terms, it was a good year for American women. Female voters were a decisive factor in the presidential race, with 55 percent casting ballots for President Barack Obama, vs. 44 percent for Mitt Romney; the only year the spread was higher was in 1996, according to the Center for American Women and Politics at Rutgers University. A record number of female candidates ran for national office—18 for the Senate, up from the 2010 high of 14, and 166 for the House of Representatives, vs. 141 in 2004—which means the 113th Congress will have at least 98 female members, the most ever, including a record 20 Senators. “We hope that this 20 percent will make a difference in the macaroni-and-cheese issues that we want to focus on, along with the macro issues,” Senator Barbara Mikulski (D-Md.) told the Wall Street Journal on Nov. 8.

Mikulski and her colleagues have reason to celebrate the female power surge, but those hard-won electoral victories should be kept in perspective. While the sweep of women into office is encouraging to anyone who believes that Washington is badly in need of fresh ideas, not to mention a political class that better reflects the population at large, there’s one area where it’s unlikely to make a difference, at least in the near future: the workplace.

For many working women, the most revealing moment of this political season came during the second presidential debate, on Oct. 16. A 24-year-old teacher named Katherine Fenton asked both candidates what they planned to do about the reality that women still earn, on average, 23 percent less than men. Obama cited the Lilly Ledbetter Fair Pay Act, the first major piece of legislation he signed after taking office, which makes it easier for employees to sue employers for discrimination based on disparities in pay. Romney seemed dumbfounded, rambling about how as governor of Massachusetts he’d searched out qualified females to hire, flipping through “binders full of women” like a bachelor shopping for a mail-order bride.

The ridicule Romney earned for that exchange obscured the fact that neither man attempted to address how to close the pay gap now. This failure was stunning considering that women comprise 47 percent of the workforce and earn more college degrees than men. The number of dual-income households in which women are the primary breadwinner reached 29 percent in 2009, reflecting a radical upending of the traditional model. Women are an increasingly vital part of the workforce—yet, despite talk of the downfall of men, they still don’t come close to economic parity. Obama’s answer in particular highlights the widely held belief that there’s only so much Washington can do.

Illustration by Mark Todd

A mini-industry has sprung up around the question of why women don’t go as far, and earn less, than their male counterparts. But the answer is actually straightforward. After accounting for experience and education, as well as occupation—male-dominated fields tend to be higher-paying than female-dominant ones—the pay gap falls from 23 percent to about 9 percent, according to Cornell University labor economists Francine Blau and Lawrence Kahn. Outright discrimination plays a part, but a larger proportion of the disparity can be attributed to the hit women take for absorbing most of the child-care duties that crop up at home, a burden one might call the “caregiver tax.”

Illustration by Mark Todd

The answer to Fenton’s question is thus only partly about discrimination (as Obama suggested) and has almost nothing to do with the failure of managers to identify qualified women (in Romney’s formulation). Instead, says Claudia Goldin, an economist at Harvard University who’s researched gender and the labor market, “The problem she’s concerned about is almost entirely rooted in the fact that women take care of children a lot more than men.” (Women also shoulder more of the burden of caring for siblings, grandparents, and in-laws.) There are “differences in the ways in which men and women respond to competition, bargain, search for jobs, and so on,” says Goldin. Compared with the caregiver burden, however, “everything that I have seen and have done using the best data on the planet indicates that everything else is second order.”

These issues were barely mentioned during the presidential campaign. The U.S. remains one of the only industrialized nations not to guarantee mothers (or fathers, for that matter) some paid time off after the birth of a child. The Family and Medical Leave Act of 1993 provides for 12 weeks of unpaid leave for pregnancy or other reasons, but it falls short on several fronts: It’s too brief (Germany, Canada, and many other countries offer up to 12 months of subsidized leave), and it excludes vast segments of the workforce employed by small companies that don’t qualify or who couldn’t afford to take it anyway.

Illustration by Mark Todd

When it comes to taking care of the kid after it’s born, the situation is no better: Most working parents must navigate an expensive landscape of day-care centers and nannies with few clues about the quality of what they’re paying for. “The investment that the United States makes in early childhood care and education pales by comparison to the investments being made by other countries,” writes Jane Waldfogel in “International Policies Toward Parental Leave and Child Care,” published by the Future of Children, a collaboration between the Brookings Institution and Princeton University.

More family-friendly public policies in these two areas would make a difference, but they only go so far. Reaching true economic and professional equality between the sexes will require a re-imagining of workplace culture—which continues to penalize women who need flexible schedules, even as it actively disincentivizes men from assuming more duties at home, lest they step off the career track. The attention generated by Anne-Marie Slaughter’s Atlantic article, “Why Women Still Can’t Have It All,” and Yahoo!/ticker] Chief Executive Officer Marissa Mayer’s two-week maternity leave, reflect the broad desire for a change. “Employers have an increasing incentive to address work-family issues,” Blau says. “This is disproportionately important to women, but it’s also important to men.”

Much like the Republican Party, companies are facing changing demographics, and the sooner they embrace them, the stronger they’ll be. “I call this the business case for gender diversity,” says Iris Bohnet, academic dean and professor of public policy at the Harvard Kennedy School. Bohnet mentions several studies, including one by the Credit Suisse Research Institute, showing that companies with more women on their boards perform better. Increasingly, women are better-equipped to perform essential jobs, so businesses need to adjust to their needs. “In many ways we have a mid-20th century workplace for a mid-21st century workforce,” Goldin says.

In some cases, change is forced upon a profession from the inside. Pediatric medicine, for instance, used to be a primarily male specialization, yet women now comprise 57 percent of pediatricians and 70 percent of pediatric residents, according to the American Academy of Pediatrics. And, Goldin points out, 35 percent to 40 percent of pediatricians work fewer than 35 hours per week, a drastic shift. “It happened because as a lot more women became pediatricians, a lot more shopped around for more predictable hours and more ability to have fewer and more flexible hours,” Goldin says. Pharmacy and veterinary medicine have shown similar trends.

At the other end of the earnings spectrum are nursing home workers, who tend to be paid by the hour. If one of those workers needs to miss an hour of work one day, she—“it’s almost always a she,” Goldin says—is often told not to bother coming in at all, losing a whole day’s pay. A group at Harvard is experimenting with ways to manage employee schedules that would allow greater flexibility. Instead of a fixed group of 25 workers, for example, a facility could hire 28, with more fluid scheduling. The arrangement could benefit the employees and give the nursing home a more stable workforce.

Katherine Fenton may not have received a satisfying answer to her question, but that doesn’t mean answers are out of reach. Fixing the pay gap will demand more progressive public policies as well as businesses to modernize their cultures to accommodate both halves of the workforce. This isn’t about being generous; it’s self-interest. We shouldn’t need a president to tell us that.

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Israel moves on reservists after rockets target cities

GAZA/JERUSALEM (Reuters) – Israeli ministers were on Friday asked to endorse the call-up of up to 75,000 reservists after Palestinian militants nearly hit Jerusalem with a rocket for the first time in decades and fired at Tel Aviv for a second day.

The rocket attacks were a challenge to Israel‘s Gaza offensive and came just hours after Egypt‘s prime minister, denouncing what he described as Israeli aggression, visited the enclave and said Cairo was prepared to mediate.

Israel’s armed forces announced that a highway leading to the Gaza Strip and two roads bordering the enclave would be off-limits to civilian traffic until further notice.

Tanks and self-propelled guns were seen near the border area on Friday, and the military said it had already called 16,000 reservists to active duty.

Prime Minister Benjamin Netanyahu convened senior cabinet ministers in Tel Aviv after the rockets struck to decide on widening the Gaza campaign.

Political sources said ministers were asked to approve the mobilization of up to 75,000 reservists, in what could be preparation for a possible ground operation.

No decision was immediately announced and some commentators speculated in the Israeli media the move could be psychological warfare against Gaza’s Hamas rulers. A quota of 30,000 reservists had been set earlier.

Israel began bombing Gaza on Wednesday with an attack that killed the Hamas military chief. It says its campaign is in response to Hamas missiles fired on its territory. Hamas stepped up rocket attacks in response.

Israeli police said a rocket fired from Gaza landed in the Jerusalem area, outside the city, on Friday.

It was the first Palestinian rocket since 1970 to reach the vicinity of the holy city, which Israel claims as its capital, and was likely to spur an escalation in its three-day old air war against militants in Gaza.

Rockets nearly hit Tel Aviv on Thursday for the first time since Saddam Hussein’s Iraq fired them during the 1991 Gulf War. An air raid siren rang out on Friday when the commercial centre was targeted again. Motorists crouched next to cars, many with their hands protecting their heads, while pedestrians scurried for cover in building stairwells.

The Jerusalem and Tel Aviv strikes have so far caused no casualties or damage, but could be political poison for Netanyahu, a conservative favored to win re-election in January on the strength of his ability to guarantee security.

“The Israel Defence Forces will continue to hit Hamas hard and are prepared to broaden the action inside Gaza,” Netanyahu said before the rocket attacks on the two cities.

Asked about Israel massing forces for a possible Gaza invasion, Hamas spokesman Sami Abu Zuhri said: “The Israelis should be aware of the grave results of such a raid and they should bring their body bags.”

Officials in Gaza said 28 Palestinians had been killed in the enclave since Israel began the air offensive with the declared aim of stemming surges of rocket strikes that have disrupted life in southern Israeli towns.

The Palestinian dead include 12 militants and 16 civilians, among them eight children and a pregnant woman. Three Israelis were killed by a rocket on Thursday. A Hamas source said the Israeli air force launched an attack on the house of Hamas’s commander for southern Gaza which resulted in the death of two civilians, one a child.

SOLIDARITY VISIT

A solidarity visit to Gaza by Egyptian Prime Minister Hisham Kandil, whose Islamist government is allied with Hamas but also party to a 1979 peace treaty with Israel, had appeared to open a tiny window to emergency peace diplomacy.

Kandil said: “Egypt will spare no effort … to stop the aggression and to achieve a truce.”

But a three-hour truce that Israel declared for the duration of Kandil’s visit never took hold. Israel said 66 rockets launched from the Gaza Strip hit its territory on Friday and a further 99 were intercepted by the Iron Dome anti-missile system.

Israel denied Palestinian assertions that its aircraft struck while Kandil was in the enclave.

Israel Radio’s military affairs correspondent said the army’s Homefront Command had told municipal officials to make civil defence preparations for the possibility that fighting could drag on for seven weeks. An Israeli military spokeswoman declined to comment on the report.

The Gaza conflagration has stoked the flames of a Middle East already ablaze with two years of Arab revolution and a civil war in Syria that threatens to leap across borders.

It is the biggest test yet for Egypt’s new President Mohamed Mursi, a veteran Islamist politician from the Muslim Brotherhood who was elected this year after last year’s protests ousted military autocrat Hosni Mubarak.

Egypt’s Muslim Brotherhood are spiritual mentors of Hamas, yet Mursi has also pledged to respect Cairo’s 1979 peace treaty with Israel, seen in the West as the cornerstone of regional security. Egypt and Israel both receive billions of dollars in U.S. military aid to underwrite their treaty.

Mursi has vocally denounced the Israeli military action while promoting Egypt as a mediator, a mission that his prime minister’s visit was intended to further.

A Palestinian official close to Egypt’s mediators told Reuters Kandil’s visit “was the beginning of a process to explore the possibility of reaching a truce. It is early to speak of any details or of how things will evolve”.

Hamas fighters are no match for the Israeli military. The last Gaza war, involving a three-week long Israeli air blitz and ground invasion over the New Year period of 2008-2009, killed more than 1,400 Palestinians, mostly civilians. Thirteen Israelis died.

Tunisia’s foreign minister was due to visit Gaza on Saturday “to provide all political support for Gaza” the spokesman for the Tunisian president, Moncef Marzouki, said in a statement.

The United States asked countries that have contact with Hamas to urge the Islamist movement to stop its rocket attacks.

Hamas refuses to recognize Israel’s right to exist. By contrast, Palestinian President Mahmoud Abbas, who rules in the nearby West Bank, does recognize Israel, but peace talks between the two sides have been frozen since 2010.

Abbas’s supporters say they will push ahead with a plan to have Palestine declared an “observer state” rather than a mere “entity” at the United Nations later this month.

(Additional reporting by Maayan Lubell, Jeffrey Heller and Crispian Balmer in Jerusalem; Writing by Jeffrey Heller; Editing by Giles Elgood)

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GameStop profit beats forecast; cautiously eyes holiday

SAN FRANCISCO (Reuters) – GameStop Corp, the world’s largest retailer of videogame products, reported a stronger-than-expected profit on Thursday but lowered its sales forecast for this year due to uncertainty around the holiday shopping season as the video game market struggles.

Grapevine, Texas-based GameStop forecast same-store sales in 2012 would drop 6 percent to 9 percent, compared with a 2 to 10 percent decline projected previously.

“We’ve continued to find new ways to drive revenues and margins in our stores and that’s enabled us to hold on to some earnings in these difficult times,” Chief Financial Officer Rob Lloyd said in an interview.

“We’re still a little bit cautious in that it’s a difficult environment in which to forecast because the industry has been down,” Lloyd said. “And we’ve got uncertainty surrounding what the supply of the (Nintendo)Wii U is going to be.”

Nintendo Co Ltd is gearing up to launch its Wii U video game console on November 18. It is the first new home console device to be sold by a major gaming company in more than six years.

GameStop hopes the start of a new console cycle with the Wii U launch and just-released high quality games like Microsoft Corp’s “Halo 4″ and Activision Blizzard’s “Call of Duty: Black Ops II” will boost hardware and software sales this holiday season.

GameStop’s shares rose 4.25 percent to $ 24.48 in afternoon trading on the New York Stock Exchange.

Sterne Agee analyst Arvind Bhatia said investors seem more comfortable now with the company’s recent efforts to drive profitability.

In the last two years, the company has been tackling decelerating video game sales in a tough market by diversifying its revenue sources, selling electronics like tablets, digital video games and used games.

The games retailer said it had repurchased stock worth $ 76.8 million in the third quarter and announced that its board had approved a new $ 500 million share buy-back plan to replace its existing $ 242 million repurchase plan. It also announced a quarterly dividend of 25 cents, same as last quarter.

The company reported adjusted net earnings per share of 38 cents in the third quarter, beating analysts’ expectations of 32 cents.

“Earnings per share was quite impressive, driven by gross margins being strong and cost control,” Sterne Agee’s Bhatia said.

GameStop said it expects comparable store sales to range between down 7 percent and up 1 percent in the fourth quarter. It forecast earnings per share between $ 2.07 to $ 2.27 for the period.

Sales of traditional videogame products such as consoles have been pressured globally by lower-priced online offerings and gamers spending more time on tablet computers and cell phones.

Total U.S. sales of videogame software in October dropped 25 percent from a year ago, following a similar trend throughout the third quarter, according to a report by market research firm NPD.

GameStop said sales fell 8.9 percent to $ 1.77 billion. Analysts were expecting sales of $ 1.79 billion, according to Thomson Reuters I/B/E/S.

Adjusted earnings were $ 47.2 million, compared with $ 53.9 million a year ago. The company maintained its previously announced full-year earnings outlook of between $ 3.10 per share to $ 3.30 per share.

(Reporting by Malathi Nayak; editing by John Wallace, Maureen Bavdek, David Gregorio and Dan Grebler)

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ABC Adapting Disney Theme-Park Ride for “Big Thunder Mountain” Pilot

LOS ANGELES (TheWrap.com) – ABC found ratings success by adapting Disney‘s finest fairy tales into the one-hour drama series “Once Upon a Time,” so it’s not surprising that the network has turned to a theme-park ride from its parent company for inspiration as well.

Popular roller coaster Big Thunder Mountain Railroad is being adapted for a television pilot by the Disney-owned network, an individual with knowledge of the situation told TheWrap.

Chris Morgan (“Wanted,” “Fast Five”) will co-write the story with “Ice Age: Continental Drift’s” Jason Fuchs, who will write the teleplay. ABC has ordered a script from ABC Studios, the individual said.

No word on what the show will have in common with the ride, but if it sticks with the theme presented to visitors at parks in California, Florida, Paris and Tokyo, it should have something to do with a mining town being destroyed by a natural disaster after settlers desecrate sacred Native American land.

Two other film projects have been developed based on Disney rides, “Pirates of the Caribbean” and 2003′s not-equally-successful “The Haunted Mansion.”

Morgan is represented by ICM Partners and McKuin Frankel, while Fuchs is repped by WME and Brookside and Bloom Hergott.

The Hollywood Reporter first broke the news on “Big Thunder Mountain.”

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Kids with Down syndrome twice as likely to be heavy

NEW YORK (Reuters Health) – More than one in four children with Down syndrome in The Netherlands is overweight, a rate double that of Dutch youth without the developmental disability, according to a new study.

“We were alarmed by the high prevalence of overweight in children with Down syndrome,” said Dr. Helma van Gameren-Oosterom, the lead author of the study from the Netherlands Organization for Applied Scientific Research in Leiden.

“Of course we knew that the prevalence of overweight is rising; for Dutch standards a twofold level, however, was not expected.”

Previous studies have suggested children with Down syndrome are especially prone to being heavy. But researchers still aren’t sure why that is, according to Dr. Sheela Magge, an endocrinologist at Children’s Hospital of Philadelphia, who was not part of the new study.

Theories have ranged from physiological differences in metabolism or the way the body suppresses appetite to behavioral differences, such as in how much exercise children get, she said, but no studies have been able to pin down the definitive cause.

About 6,000 babies – or one in every 691 – are born with Down syndrome each year in the U.S., according to the Centers for Disease Control and Prevention.

For the latest study, the researchers compared growth patterns among 659 children with Down syndrome and no other health problems to general data on youth in The Netherlands.

By calculating kids’ weight relative to their height – a unit called body mass index (BMI) – the research team determined which children were overweight and which were obese. The BMI cutoffs for obesity and overweight are different for each age in children.

Magge said they’re not a perfect measure for children with Down syndrome because their body proportions are different than those of other children, but it’s the best available yardstick for now.

Gameren-Oosterom and her colleagues found 25.5 percent of boys with Down syndrome were overweight and 4.2 percent were obese.

Among girls with the condition, 32 percent were overweight and 5.1 percent obese, they report in the medical journal Pediatrics.

In comparison, children in the rest of the Dutch population had much lower rates: for boys, 12.3 percent were overweight and 1.7 percent obese; for girls, 14.7 percent were overweight and 2.2 percent were obese.

Magge said researchers have also observed higher rates of overweight among children with Down syndrome in the U.S.

Gameren-Oosterom wrote in an email to Reuters Health that she and her colleagues suspect lifestyle has something to do with that pattern. Because it’s harder for young people with Down syndrome to develop their motor skills, they may be less active.

Low muscle tone and poor coordination often accompany the disability as well, Magge told Reuters Health.

Her concern with so many kids being overweight is that as people with Down syndrome are living longer, “we may start seeing more complications and comorbidities such as diabetes, cardiovascular disease (and) hypertension, all those things that we worry about in all of our obese adolescents.”

Gameren-Oosterom said it’s difficult to develop a prevention or treatment strategy to target overweight and obesity in children with Down syndrome, given that the causes are unknown.

But like all youth, she added, those children will benefit from a healthy diet and sufficient exercise.

Magge said people with Down syndrome tend to prefer keeping strict routines, which could be something parents can take advantage of to help instill healthy habits.

“In adults it might be that if they get into a routine of eating healthy it’s more likely to stick,” she said.

SOURCE: http://bit.ly/SnWv05 Pediatrics, online November 12, 2012.

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Wal-Mart 3Q profit up but sees sales shortfall

NEW YORK (AP) — Wal-Mart Stores Inc. reported a 9 percent increase in net income for the third quarter, but revenue for the world’s largest retailer fell below Wall Street forecasts as its low-income shoppers continue to grapple with an uncertain economy.

The discounter issued a fourth-quarter profit outlook that fell short of Wall Street expectations, and the company’s stock price slid more than 3 percent.

Wal-Mart is considered an economic bellwether because the retailer accounts for nearly 10 percent of nonautomotive retail spending in the U.S. The company’s latest results show that many low-income Americans — it’s estimated that the typical Wal-Mart customer has an average household income of between $ 30,000 and $ 60,000, rents their homes and doesn’t own stock — continue to struggle even as the housing and stock markets are improving.

The disappointing revenue comes as Wal-Mart, like other retailers, is preparing for the busy winter holiday shopping season in the U.S. next week. The period, which runs roughly from November throughout December, is a time when stores can make up to 40 percent of their annual revenue. Wal-Mart has said that it plans to offer deeper discounts and a broader assortment of merchandise during this year’s season to draw in shoppers.

“Macroeconomic conditions continue to pressure our customers,” said Charles Holley, Wal-Mart’s chief financial officer. “The holiday season is predicted to be very competitive but we are well prepared to deliver on the value and low prices our customers expect.”

The disappointing revenue results come a year after Wal-Mart’s U.S. namesake business turned a corner by reemphasizing low prices and restocking stores with thousands of basic items that it had gotten rid of in an overzealous bid to reduce clutter.

During the third quarter of last year, the division reversed nine straight quarters of declines in revenue at stores opened at least a year, which is considered a key measure of a retailer’s health. The U.S. namesake business has recorded five consecutive quarters of gains since the division rebounded, including a 1.5 percent increase in the third quarter.

But the third-quarter gain is just shy of the 1.8 percent increase analysts polled by Thomson Reuters were expecting. It’s also a slowdown in growth from the 2.2 percent gain the business posted in the second quarter and the 2.6 percent increase it had in the first quarter.

Analysts say that Wal-Mart’s previous results had benefited from the increase in prices shoppers were paying for groceries due to inflation for some items, a trend that is now subsiding. They also say that Wal-Mart is facing tougher revenue comparisons from a year ago when its business first began to rebound.

Ken Perkins, president of Retail Metrics, a research company, said Wal-Mart’s revenue is headed in the right direction. But he cautioned that the company will need to continue to keep prices low in order to compete with rivals that have stepped up discounting.

“Overall, it’s a relatively good report,” he said. “But it shows that its consumer is still struggling.”

In the third quarter, Bentonville, Ark.-based Wal-Mart earned $ 3.63 billion, or $ 1.08 per share, in the quarter ended Oct. 31. That compares with $ 3.33 billion, or 96 cents per share, in the year-ago period.

Net revenue, excluding Sam’s Club membership fees, rose 3.4 percent to $ 113.2 million. Excluding the currency impact, net revenue would have been $ 114.9 million. Analysts were expecting $ 1.07 per share on net revenue of $ 114 billion.

Nearly all areas, including food and clothing, registered gains. However, the company’s entertainment category, which includes gaming, suffered a decline, dragged down by price deflation. Part of the weakness is also due to the company’s layaway business, which winds up deferring sales to the fourth quarter.

For the entire U.S. business, sales at stores opened at least a year rose 1.7 percent, below the 2.1 percent Wall Street estimate. At Sam’s Club, the figure was up 2.7 percent, below the 3.8 percent increase Wall Street expected and the 4.2 percent gain it posted in the second quarter.

The company said its business members at Sam’s Clubs are being hurt by the economic downturn, and are switching to less-expensive chicken from beef. To boost sales, Sam’s Club is increasing its offering of rotisserie chicken, and has reduced prices in several varieties of apples and beauty products.

“Our business members continue to experience economic pressure and uncertainty,” said Rosalind Brewer, president of Sam’s Clubs.

For the full year, Wal-Mart now said it expects earnings per share to be between $ 4.88 per share and $ 4.93 per share. It originally expected earnings per share of $ 4.83 to $ 4.93. For the fourth quarter, it forecasts earnings per share to be $ 1.53 per share and $ 1.58 per share. Analysts had expected $ 1.59 per share.

Separately, in a filing with the U.S. Securities and Exchange Commission, Wal-Mart said Thursday that it was looking into potential violations related to the Foreign Corrupt Practices Act in Brazil, China and India. This comes after Wal-Mart initially began investigating its Mexico operations following report that surfaced in April that the retailer allegedly failed to notify law enforcement when company officials authorized millions of dollars in bribes in Mexico to speed building permits and gain other favors. The company continues to work with government officials in the U.S. and Mexico on that investigation.

On Thursday, Wal-Mart’s stock fell $ 2.61 to close at $ 68.70. Over the past 52 weeks, Wal-Mart stock has been trading between $ 56.26 and $ 77.60.

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France urges Mali to step up talks with rebels

PARIS (AP) — France‘s president called Thursday for stepped-up talks between Mali’s government and any leaders from its breakaway north “who reject terrorism,” even as African nations geared up for a possible military operation against Islamic extremists there.

President Francois Hollande‘s comments suggested a growing openness to dialogue with the extremists, but he remained committed to supporting the military planning effort.

Northern Mali fell to Islamic extremists in April, after coup leaders toppled the government in Bamako, Mali‘s capital. Fearing that northern Mali could become the latest hotbed of terrorism, France has been a driving force in international efforts to bolster Mali’s army to drive the Islamists from power.

Hollande spoke with interim Mali President Dioncounda Traore by phone on Thursday, partly to detail European efforts to help strengthen Mali’s army.

In recent days, representatives from the most moderate of three al-Qaida-linked groups that control northern Mali have been meeting with Burkina Faso‘s president, appointed as a mediator.

“France reiterates its wish that political dialogue will intensify between Malian authorities and representatives of northern populations who reject terrorism,” Hollande’s office said in a statement. “The acceleration of this dialogue must accompany the progress in African military-planning efforts.”

Earlier this week, the African Union approved a plan that calls for 3,300 African troops to be deployed in order to win back Mali’s north. European countries including France and Germany have expressed a willingness to provide military trainers and logistics support, but have stopped short of committing combat troops.

France, like many European countries, fears that the arid, northern Sahel region of Mali could become a breeding ground for terrorism, where al-Qaida and its allies could plot hostage-takings and attacks in Europe or beyond.

France has millions of people whose families hail from former French colonies in north and west Africa. Authorities have long been concerned that French-born militants could travel abroad for terrorism training and return home later to possibly carry out attacks.

French authorities are already investigating two French citizens who were arrested in Mali and neighboring Niger and are suspected of seeking to join up with the al-Qaida-linked extremists, a judicial official told The Associated Press.

Ibrahim Ouattara, a 24-year-old native of the northern Paris suburb of Aubervilliers who has dual French and Malian nationality, was arrested inside Mali this month and remains in custody there, the official said.

Separately, a 27-year-old Frenchman was arrested in August in Niger and has since been handed over to authorities in France, the official said, speaking on condition of anonymity because she was not authorized to discuss terrorism cases publicly.

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NASCAR’s Keselowski can’t tweet in car anymore

CHARLOTTE, N.C. (AP) — Brad Keselowski became a social media darling after hopping on Twitter during a lengthy delay in the Daytona 500.

Keselowski was the center of attention, and NASCAR seemed trendy and hip — a description its executives surely adored.

Turns out, tweeting from the car isn’t cool with NASCAR.

Keselowski was fined $ 25,000 on Monday for tweeting during the red flag at Phoenix International Raceway. The punishment was confusing to fans who vented on Twitter, of course, wondering why Keselowski was punished for Sunday’s tweets when he was celebrated by NASCAR for doing the exact same thing in February’s season-opening race.

Some alleged the Sprint Cup Series points leader was actually being disciplined for his profanity-laced outburst after Sunday’s crash- and fight-marred race.

NASCAR spokesman Kerry Tharp on Tuesday dismissed the conspiracy theories, and said drivers had been told after the Daytona 500 that electronic devices — including cellphones — could not be carried inside the race cars going forward.

“Brad’s tweeting at the Daytona 500 was really our first introduction to the magnitude of the social media phenomenon at the race track, especially how we saw it unfold that evening,” Tharp said. “We encourage our drivers to participate in social media. We feel we have the most liberal social media policy in all of sports, and the access we provide is the best in all of sports.

“But we also have rules that pertain to competition that need to be enforced and abided by. Once the 500 took place, and in the days and weeks following the 500, NASCAR communicated to the drivers and teams that while social media was encouraged and we promoted it, the language in the rule book was clear and that drivers couldn’t carry onboard their cars electronic devices, like a phone.”

Keselowski, who takes a 20-point lead over Jimmie Johnson into Sunday’s season finale in his quest to win his first Sprint Cup Series title, has not commented on his penalty.

But with the championship on the line, his crew chief indicated Tuesday he’ll be doing his best to keep the phone out of the No. 2 Dodge this weekend.

“Never even crossed my mind, to be honest with you,” Paul Wolfe said. “We get so involved in worrying about how to make the race car go around the track that, obviously, Brad’s cellphone is not on my mind a whole lot. I’ll definitely remind him this weekend.”

The Daytona 500 was stopped for nearly two hours when Juan Pablo Montoya crashed into a jet dryer that was cleaning the track during a caution period. The crash caused a fuel explosion, and Keselowski used his phone to tweet pictures, answer questions and give updates on the cleanup during the delay.

The race, which had been rained out for the first time in 54 runnings, was being aired on Monday night in prime time for the first time in history and Keselowski’s tweeting drew worldwide headlines.

Afterward, NASCAR specifically said Keselowski did not violate a rule barring onboard electronic devices and would not be penalized.

“Nothing we’ve seen from Brad violates any current rules pertaining to the use of social media during races,” NASCAR said the day after the race. “We encourage our drivers to use social media to express themselves as long as they do so without risking their safety or that of others.”

NASCAR did not issue a technical bulletin to clarify phones could no longer be inside cars, and the clarification to drivers was apparently done quietly. In fact, Keselowski tweeted from Victory Lane at Bristol in March, and from inside his car parked on pit road during a rain delay at Richmond in September. It’s possible someone could have handed him his phone both times.

A year ago, the outspoken Penske Racing driver was fined $ 25,000 headed into the finale for criticizing electronic fuel injection. At the time, NASCAR had been privately punishing drivers for making disparaging remarks about the series, but word of Keselowski’s fine leaked and forced NASCAR to change its policy during the offseason.

Still, many fans were convinced this week’s fine against Keselowski was actually for his post-race comments about the aggressive racing at Phoenix.

He’d been criticized by several drivers for racing Johnson hard over a pair of late restarts at Texas a week earlier, and felt his aggressive driving paled in comparison to Jeff Gordon intentionally wrecking Clint Bowyer with two laps to go on Sunday. Gordon’s retaliation also collected Joey Logano and Aric Almirola, and forced Keselowski to weave his way around the accident.

“It just drives me absolutely crazy that I get lambasted for racing somebody hard without there even being a wreck and then you see stuff like this … from the same people that criticized me,” he said. “It’s OK to just take somebody out. But you race somebody hard, put a fender on somebody and try to go for the win, and you’re an absolute villain. We can just go out and retaliate against each other and come back in and smile about it, and it’s fine. That’s not what this sport needs. It needs hard racing, it needs people that go for broke, try to win races and put it all out there on the line. Not a bunch of people that have anger issues.”

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