“Transformers” ride to open at Universal Orlando next summer

























LOS ANGELES (TheWrap.com) – Watch out, Florida; Optimus Prime is coming your way.


The Universal Orlando Resort theme park will open “Transformer: The Ride – 3D” in July 2013, bringing the experience of the hugely successful film franchise to the thrill-seeking public in ride form.





















Already in place in Universal Studios Singapore and Universal Studios Hollywood, the “Transformers” ride will be “a mind-blowing, action-packed ride experience,” Universal Orlando said in a statement.


“You will come face to face with Megatron,” Universal said. “You will dodge explosions and attacks by the Decepticons. You will fight to save mankind alongside Optimus Prime and the Autobots. It will be the greatest battle you’ll ever ride.”


“Transformers” director Michael Bay worked with Universal to develop the ride, which combines the “Transformers” characters with high-definition CGI media, 3D technology and other special effects.


“We broke the mold and have taken this ride to a new technological level in terms of blending seamless 3D,” Bay said.


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Nurses Who Saved NICU Babies Remember Harrowing Hurricane Night

























Nurses at the Neonatal Intensive Care Unit at New York University’s Langone Medical Center have challenging jobs, even in the best of times. Their patients are babies, some weighing as little as 2 pounds, who require constant and careful care as they struggle to stay alive.


On Monday night, as superstorm Sandy bore down on Manhattan, the nurses’ jobs took on a whole new sense of urgency as failing power forced the hospital’s patients, including the NICU nurses’ tiny charges, to evacuate.





















“20/20″ recently reunited seven of those nurses: Claudia Roman, Nicola Zanzotta-Tagle, Margot Condon, Sandra Kyong Bradbury, Beth Largey, Annie Irace and Menchu Sanchez. They described how they managed to do their jobs – and save the most vulnerable of lives – under near-impossible circumstances.


On Monday night, as Sandy’s wind and rain buffeted the hospital’s windows, the nurses were preparing for a shift change and the day nurses had begun to brief the night shift nurses. Suddenly, the hospital was plunged into darkness. The respirators and monitors keeping the infants alive all went silent.


For one brief moment, everyone froze. Then the alarms began to ring as backup batteries kicked in. But the coast wasn’t clear – the nurses were soon horrified to learn that the hospital’s generator had failed, and that the East River had risen to start flooding the hospital.




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“Everybody ran to a patient to make sure that the babies were fine,” Nicola Zanzotto-Tagle recalled. “If you had your phone with a flashlight on the phone, you held it right over the baby.”


For now, the four most critical patients – infants that couldn’t breathe on their own – were being supplied oxygen by battery-powered respirators, but the clock was ticking. They had, at most, just four hours before the machines were at risk of failing.


Annie Irache tended to the most critical baby — he had had abdominal surgery just the day before – as an evacuation of 20 NICU babies began.


“[He] was on medications to keep up his blood pressure,” Irache said, “and he also had a cardiac defect, so he was our first baby to go.”


One by one, each tiny infant, swaddled in blankets and a heating pad, cradled by one nurse and surrounded by at least five others, was carried down nine flights of stairs. Security guards and secretaries pitched in, lighting the way with flashlights and cell phones.


The procession moved slowly. As nurses took their careful steps, they carefully squeezed bags of oxygen into the babies’ lungs.


“We literally synchronized our steps going down nine flights,” Zanzotto-Tagle said. “I would say ‘Step, step, step.”


With their adrenaline pumping, the nurses said, it was imperative that they stay focused.


“We’re not usually bagging a baby down a stairwell … n the dark,” said Claudia Roman. “I was most worried about, ‘Let me not trip on this staircase as I’m carrying someone’s precious child, because that would be unforgivable.”


When the medical staff and the 20 babies emerged, a line of ambulances was waiting. A video of Margot Condon cradling a tiny baby as she rode a gurney struck a chord worldwide. But Condon said she had a singular goal.


“I was making sure the tube was in place, that the baby was pink,” she said. “I was not taking my eyes off that baby or that tube.”


Like other nurses, she did not feel panic. Her precious patient helped keep her calm.


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Construction output ‘still weak’


























Output in the UK construction sector was fractionally higher in October, a survey had indicated, but new work and employment shrank.





















The Markit/CIPS Construction Purchasing Managers’ Index rose to 50.9 from 49.5 in September, just above the 50 mark that separates growth from contraction.


But new orders fell for a fifth consecutive month and firms cut jobs at the fastest rate since August 2011.


“The bigger picture remains bleak,” said Markit economist Tim Moore.


“The year-ahead business outlook was still relatively subdued during October, as survey respondents cited weak spending patterns and squeezed budgets among clients,” Mr Moore said.


Within the construction sector, only civil engineering saw growth in October, a second consecutive monthly rise.


Residential building activity was the weakest performing sub-sector, with output declining for the fifth successive month. Commercial activity also dropped in October.


‘Long, dark winter’


David Noble, chief executive at the Chartered Institute of Purchasing & Supply, was pessimistic about the future.


“Despite marginal growth in October, the prospects for the construction sector are bleak as firms prepare for the worst,” he said.


“They are heading into a long, dark winter, by shedding jobs and laying off sub-contractors in response to the longest decline in new business since the start of the financial crisis.


“There is contagion right along the supply chain with rising fuel and energy costs and lengthening delivery times ensuring there is little hope of respite in the immediate future. All of this compounds the imminent threat of budget cuts in 2013.”


The PMI survey was released on the same day that the National Institute for Economic and Social Research (NIESR) economic research group warned that the recovery generally remained weak.


In its report, NIESR downgraded its UK growth forecast for next year to 1.1% from 1.3%, due to a weaker global outlook.


NIESR economist Simon Kirby described current business investment as “shockingly low”, noting that it was 14% below pre-recession levels.


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Gruesome video raises concerns about Syria rebels

























BEIRUT (AP) — A video that appears to show a unit of Syrian rebels kicking terrified, captured soldiers and then executing them with machine guns raised concerns Friday about rebel brutality at a time when the United States is making its strongest push yet to forge an opposition movement it can work with.


U.N. officials and human rights groups believe President Bashar Assad‘s regime is responsible for the bulk of suspected war crimes in Syria‘s 19-month-old conflict, which began as a largely peaceful uprising but has transformed into a brutal civil war.





















But investigators of human rights abuses say rebel atrocities are on the rise.


At this stage “there may not be anybody with entirely clean hands,” Suzanne Nossel, head of the rights group Amnesty International, told The Associated Press.


The U.S. has called for a major leadership shakeup of Syria’s political opposition during a crucial conference next week in Qatar. Washington and its allies have been reluctant to give stronger backing to the largely Turkey-based opposition, viewing it as ineffective, fractured and out of touch with fighters trying to topple Assad.


But the new video adds to growing concerns about those fighters and could complicate Washington’s efforts to decide which of the myriad of opposition groups to support. The video can be seen at http://bit.ly/YxDcWE .


“We condemn human rights violations by any party,” U.S. State Department spokeswoman Victoria Nuland said, commenting on the video. “Anyone committing atrocities should be held to account.”


She said the Free Syrian Army has urged its fighters to adhere to a code of conduct it established in August, reflecting international rules of war.


The summary execution of the captured soldiers, purportedly shown in an amateur video, took place Thursday during a rebel assault on the strategic northern town of Saraqeb, said the Britain-based Syrian Observatory for Human Rights, an activist group.


It was unclear which rebel faction was involved, though the al-Qaida-inspired Jabhat al-Nusra was among those fighting in the area, the Observatory said.


The video, posted on YouTube, shows a crowd of gunmen in what appears to be a building under construction. They surround a group of captured men on the ground, some on their bellies as if ordered to lie down, others sprawled as if wounded. Some of the captives are in Syrian military uniforms.


“These are Assad’s dogs,” one of the gunmen is heard saying of those cowering on the ground.


The gunmen kick and beat some of the men. One gunman shouts, “Damn you!” The exact number of soldiers in the video is not clear, but there appear to be about 10 of them.


Moments later, gunfire erupts for about 35 seconds, screams are heard and the men on the floor are seen shaking and twitching. The spray of bullets kicks up dust from the ground.


The video’s title says it shows dead and captive soldiers at the Hmeisho checkpoint. The Observatory said 12 soldiers were killed Thursday at the checkpoint, one of three regime positions near Saraqeb attacked by the rebels in the area that day.


Amnesty International’s forensics analysts did not detect signs of forgery in the video, according to Nossel. The group has not yet been able to confirm the location, date and the identity of those shown in the footage, she said.


After their assault Thursday, rebels took full control of Saraqeb, a strategic position on the main highway linking Syria’s largest city, Aleppo — which rebels have been trying to capture for months — with the regime stronghold of Latakia on the Mediterranean coast.


On Friday, at least 143 people, including 48 government soldiers, were killed in gunbattles, regime shelling attacks on rebel-held areas and other violence, the Observatory said.


Of the more than 36,000 killed so far in Syria, about one-fourth are regime soldiers, according to the Observatory. The rest include civilians and rebel fighters, but the group does not offer a breakdown.


Daily casualties have been rising since early summer, when the regime began bombing densely populated areas from the air in an attempt to dislodge rebels and break a battlefield stalemate.


Karen Abu Zayd, a member of the U.N. panel documenting war crimes in Syria, said the regime is to blame for the bulk of the atrocities so far, but that rebel abuses are on the rise as the insurgents become better armed and as foreign fighters with radical agendas increasingly join their ranks.


“The balance is changing somewhat,” she said in a phone interview, blaming in part the influx of foreign fighters not restrained by social ties that bind Syrians.


Abu Zayd said the panel, though unable to enter Syria for now, has evidence of “at least dozens, but probably hundreds” of war crimes, based on some 1,100 interviews. The group has already compiled two lists of suspected perpetrators and units for future prosecution, she said.


Many rebel groups operate independently, even if they nominally fall under the umbrella of the Free Syrian Army. In recent months, rebel groups have formed military councils to improve coordination, but the chaos of the war has allowed for considerable autonomy at the local level.


“The killing of unarmed soldiers shows how difficult it is to control the escalation of the conflict and establish a united armed opposition that abides by the same ground rules and norms in battle,” said Anthony Skinner, an analyst at Maplecroft, a British risk analysis company.


Rebel commanders and Syrian opposition leaders have promised human rights groups that they would try to prevent abuses. However, New York-based Human Rights Watch said in a report in September that statements by some opposition leaders indicate they tolerate or condone extrajudicial killings.


Free Syrian Army commanders contacted by the AP on Friday said they were either unaware or had no accurate details about the latest video.


Ausama Monajed, a member of the Syrian National Council, the main opposition group in exile, called for the gunmen shown in the video to be tracked down and brought to justice.


He added, however, that atrocities committed by rebels are relatively rare compared to what he said was a “massive genocide by the regime.”


Regime forces have launched indiscriminate attacks on residential neighborhoods with tank shells, mortar rounds and bombs dropped from warplanes, devastating large areas. In raids of rebel strongholds, Assad’s forces have carried out summary executions, rights groups say.


Rebels have also targeted civilians, setting off car bombs near mosques, restaurants and government offices. Human Rights Watch said in September it collected evidence of the summary executions of more than a dozen people by rebels.


In August, a video showed several bloodied prisoners being led into a noisy outdoor crowd in the northern city of Aleppo and placed against a wall before gunmen shot them to death. That video sparked international condemnation, including a rare rebuke from the Obama administration.


The latest video emerged on the eve of a crucial opposition conference that is to begin Sunday in Qatar’s capital of Doha. More than 400 delegates from the Syrian National Council and other opposition groups are expected to attend to choose a new leadership.


U.S. Secretary of State Hillary Rodham Clinton has called for a more unified and representative opposition, even suggesting the U.S. would handpick some of the candidates.


Clinton’s comments reflected growing U.S. impatience with the Syrian opposition, which, in turn, has accused Washington of not having charted a clear path to bringing down Assad.


The Syrian National Council plans to elect new leaders during the four-day conference but is cool to a U.S. proposal to set up a much broader group and a transitional government, said Monajed, the SNC member who runs a think tank in Britain.


U.S. officials have said Washington is pushing for a greater role for the Free Syrian Army and representation of local coordinating committees and mayors of liberated cities in Syria.


Nuland said that it would be easier for the international community to deliver humanitarian assistance to civilians and non-lethal aid to the rebels once a broader, unified opposition leadership is in place.


Such a body could also help persuade Assad backers Russia and China “that change is necessary” and that Syria’s opposition has a better plan for the country than the regime, she said.


___


Associated Press writer Matthew Lee in Washington contributed to this report.


Middle East News Headlines – Yahoo! News



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Coast Guard to investigate sinking of HMS Bounty replica

























CHARLESTON, South Carolina (Reuters) – The U.S. Coast Guard announced an investigation on Friday into the sinking of the replica of the sailing ship HMS Bounty with the loss of two crew members during Hurricane Sandy.


Rear Admiral Steven Ratti, commander of the Coast Guard’s 5th District, ordered the formal investigation on Thursday after the Coast Guard suspended its search for the Bounty’s missing captain, 63-year-old Robin Walbridge.





















Fourteen crew members were rescued on Monday from life rafts by Coast Guard helicopters after the Bounty took on water and foundered at sea during the hurricane.


The captain and one other crew member were swept overboard and never made it to the rafts. The body of Claudene Christian, 42, was recovered later but she was pronounced dead.


“This has been classified as a major marine casualty due to the loss of life and the gross tonnage of the vessel,” Coast Guard spokesman Lieutenant Michael Patterson said.


“We’ll be looking into anything that may have caused the incident or contributed to it, communications, records, schematics of the vessel, testimony of the survivors and crew and other persons of interest as they’re identified,” he said.


Investigators will then be able to determine if negligence, misconduct, or equipment failure contributed to the sinking, and also whether the Coast Guard could have done anything differently, Patterson said.


“This was an unprecedented storm,” he said. “What were their sailing intentions? Was their intent to ride it out in what they thought was the safest place to be? Professional mariners know how to take avoidance measures,” he added.


The Bounty’s three masts were visible for some time above the waves but from Tuesday night, the Coast Guard has been unable to locate the ship, Patterson said. The water depth where Bounty sank is around 13,000 feet, he said.


Coast Guard officials have debriefed the 14 surviving members of the crew, who were taken to the Coast Guard’s Elizabeth City Air Station and turned over to the Red Cross. “We were able to get those initial narratives first-hand from the survivors rescued,” he said.


“That information can be used in our subsequent investigation, and they can be required to provide more testimony,” he said.


The Bounty left New London, Connecticut, on October 25, according to its Facebook page, en route to its winter berth in St Petersburg, Florida.


The captain’s last communication to the Facebook page on the night of October 27 said:


“I think we are going to be into this for several days. The weather looks like even after the eye goes by, it will linger for a couple of days. We are just going to keep trying to go fast and squeeze by the storm and land as fast as we can.”


The Bounty sank about 90 miles off Cape Hatteras, North Carolina, in high seas kicked up by Hurricane Sandy after its water pumps apparently failed.


The three-masted, 180-foot (55-meter) ship, built for the 1962 movie, “Mutiny on the Bounty,” was about 160 miles from the eye of the hurricane when it foundered.


The original Bounty, a British transport ‘square rigger’, gained infamy for a mutiny in 1789.


The investigation could take months and involve hearings, which will likely be open to the public, Patterson said.


(Editing by David Adams and David Brunnstrom)


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Songs offer messages of hope at Sandy benefit show

























NEW YORK (AP) — From “Livin’ on a Prayer” to “The Living Proof,” every song Friday at NBC‘s benefit concert for superstorm Sandy victims became a message song.


New Jersey‘s Jon Bon Jovi gave extra meaning to “Who Says You Can’t Go Home.” Billy Joel worked in a reference to Staten Island, the decimated New York City borough. The hourlong event, hosted by Matt Lauer, was heavy on stars and lyrics identified with New Jersey and the New York metropolitan area, which took the brunt of this week’s deadly storm. The telethon was a mix of music, storm footage and calls for donations from Jon Stewart, Tina Fey, Whoopi Goldberg and others.





















The mood was somber but hopeful, from Christina Aguilera’s “Beautiful” to Bon Jovi’s “Livin’ on a Prayer” and a tearful Mary J. Blige’s “The Living Proof,” her ballad of resilience with the timely declaration that “the worst is over/I can start living now.” Joel rocked out with “Miami 2017 (Seen the Lights Go Out on Broadway),” a song born from crisis, New York City‘s near bankruptcy in the 1970s, while Jimmy Fallon endured a faulty microphone and gamely led an all-star performance of the Drifters’ “Under the Boardwalk” that featured Joel, Bruce Springsteen and Steven Tyler. The Aerosmith frontman then sat behind a piano and gave his all on a strained but deeply emotional “Dream On.” Sting was equally passionate during an acoustic, muscular version of The Police hit “Message In a Bottle” and its promise to “send an SOS to the world.”


The show ended, as it only could, with Springsteen and the E Street Band, tearing into “Land Of Hope and Dreams.”


“God bless New York,” Springsteen, New Jersey‘s ageless native son, said in conclusion. “God bless the Jersey shore.”


The stable of NBC Universal networks, including USA, CNBC, MSNBC, E! Entertainment, The Weather Channel and Bravo, aired the concert live from the NBC studios in Rockefeller Center in midtown Manhattan, several blocks north of where the city went days without power. Millions of people for whom the benefit was organized couldn’t watch the event because they had no electricity.


NBC Universal invited other networks to televise the event, but not everyone signed on.


That might have something to do with network rivalries.


In the wake of the Sept. 11 terrorist attacks, the networks organized a benefit together behind the scenes and it was televised on more than 30 networks simultaneously, including all the big broadcasters.


After Hurricane Katrina, NBC televised its own benefit before the other broadcasters, one that became best known for Kanye West’s off-script declaration that “George Bush doesn’t care about black people.” The other broadcasters cooperated on their own telethon a week later, and NBC televised that one, too.


Also this year, NBC organized and scheduled a telethon and gave others the chance to air it.


Others declined to televise Friday’s telethon, even though ABC parent Walt Disney Co. said it would donate $ 2 million to the American Red Cross and various ABC shows will promote a “Day of Giving” on Monday. The CBS Corp., Viacom Inc., parent of “Jersey Shore” network MTV, Fox network owner News Corp. also announced big donations to the Red Cross.


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U.S. jury awards troops $85 million over Iraq chemical exposure

























PORTLAND, Oregon (Reuters) – An Oregon jury awarded 12 Army National Guardsmen $ 85 million in damages from defense contractor KBR Inc. on Friday after finding that the company failed to protect them from exposure to cancer-causing chemicals when they served in Iraq.


Each Guard soldier was awarded $ 850,000 in non-economic damages and another $ 6.25 million in punitive damages for “reckless and outrageous indifference” to their health in the trial in U.S. District Court in Portland.





















“Justice was definitely served for the 12 of us,” Guardsman Rocky Bixby said, adding that two of his children were about to enter the military. “It wasn’t about the money, it was about them never doing this again to another soldier.”


The Oregon Guardsmen were providing security for civilian workers restoring an oil industry water plant in 2003 in southern Iraq after the U.S.-led invasion that ousted Saddam Hussein. The plant water was used to push oil to the surface.


The plant was contaminated with sodium dichromate, a chemical used to fight corrosion. Sodium dichromate contains hexavalent chromium, the toxic chemical made famous in the film “Erin Brockovich” starring Julia Roberts.


The chemical was blowing around the plant known as Qarmat Ali, the soldiers’ lawyers told the court.


Geoffrey Harrison, lead trial attorney for KBR, said the contractor would appeal.


“We believe the trial court should have dismissed the case before trial,” he said. “KBR did safe and exceptional work in Iraq under difficult circumstances, and we believe the facts and law ultimately will provide vindication.”


The soldiers had also claimed that KBR committed fraud, but jurors rejected that claim.


The 12 Guardsmen in the suit have suffered various illnesses and disabilities and are at risk for various kinds of cancer, their lawyers said. Hexavalent chromium is “a highly potent carcinogen,” they said.


Another 22 Oregon soldiers or their widows have sued KBR Inc. in Portland. More than 100 soldiers from other states have sued the company in Houston, where the company is based.


(Editing by Dan Whitcomb, Cynthia Johnston, Doina Chiacu)


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Oil prices fall on strong dollar


























Continue reading the main story





















Oil prices have fallen after the dollar strengthened and the US government allowed foreign tankers to deliver additional supplies in the wake of super storm Sandy.


Brent crude fell $ 2.44 to $ 105.73 a barrel. US light crude lost $ 2.23 to $ 84.86, its lowest since July.


The dollar strengthened against the pound and the euro after better-than-expected jobs figures.


A stronger dollar makes oil more expensive to overseas buyers.


Figures released earlier on Friday showed the US economy added 171,000 new jobs in October, which was much more than had been expected.


‘Storm damage’


Output from East Coast refineries has been hit by Sandy, forcing the government to waive restrictions, enshrined in the Jones Act, on foreign ships delivering oil from US ports.


“The administration’s highest priority is ensuring the health and safety of those impacted by Hurricane Sandy, and this waiver will remove a potential obstacle to bringing additional fuel to the storm-damaged region,” said Homeland Security Secretary Janet Napolitano.


Oil analyst Gene McGillian at Tradition Energy said: “I think economic uncertainty and next week’s elections are weighing on oil prices.


“You also have the statement that the Jones Act is going to be waived for a week, suggesting some supplies are going to return.”


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Canada will push to keep bank capital rules on schedule

























OTTAWA (Reuters) – Canada will urge all countries to stick to the agreed schedule for implementing tougher bank capital rules at a November 4-5 meeting of finance ministers and central bankers from the Group of 20 nations, a senior finance ministry official said on Thursday.


The so-called Basel III rules are the world’s regulatory response to the financial crisis, forcing banks to triple the amount of basic capital they hold in a bid to avoid future taxpayer bailouts.





















They were to be phased in from January 2013 but areas such as the United States and the European Union are not yet ready and U.S. and British supervisors have criticized them as too complex to work.


The Canadian official, who briefed reports ahead of the meeting on condition that he not be named, said it was imperative that the rules, the timelines and the principles behind them be respected and said Finance Minister Jim Flaherty would make that view known to his G20 colleagues.


Canada sees the European debt crisis as the biggest near-term risk to the global economy, and it also expects the U.S. debt crisis to be top of mind at the talks, the official said.


But the meeting takes place just before the U.S. presidential election and U.S. Treasury Secretary Timothy Geithner will be absent, so it remains unclear how much the G20 can pressure Washington on that front.


Some other countries have also scaled back their delegations, raising doubts about how meaningful the meeting will be.


The official dismissed that argument, saying high-level officials substituting for their ministers allowed for extremely important issues to be addressed anyway.


He said holding each country around the table accountable to its past commitments helped keep the momentum going toward resolving global economic problems.


(Reporting by Louise Egan; Writing by David Ljunggren; Editing by M.D. Golan)


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Microsoft versus Google trial raises concerns over courtroom secrecy

























SAN FRANCISCO (Reuters) – Two weeks before trial in a high-stakes lawsuit pitting Google‘s Motorola Mobility unit against Microsoft, Google made what has become a common request for a tech company fighting for billions of dollars: a public court proceeding conducted largely in secret.


Google, like its counterparts in the smartphone patent wars, is eager to keep sensitive business information under wraps — in this case, the royalty deals that Motorola cuts with other companies on patented technology.





















Such royalty rates, though, are the central issue in this trial, which starts November 13 in Seattle. U.S. District Judge James Robart has granted requests to block many pre-trial legal briefs from public view. Though he has warned he may get tougher on the issue, the nature of the case raises the possibility even his final decision might include redacted, or blacked-out, sections.


Legal experts are increasingly troubled by the level of secrecy that has become commonplace in intellectual property cases where overburdened judges often pay scant attention to the issue.


Widespread sealing of documents infringes on the basic American legal principle that court should be public, says law professor Dennis Crouch, and actually encourages companies to use a costly, tax-payer funded resource to resolve their disputes.


“There are plenty of cases that have settled because one party didn’t want their information public,” said Crouch, an intellectual property professor at University of Missouri School of Law.


Tech companies counter that they should not be forced to reveal private business information as the price for having their day in court. The law does permit confidential information to be kept from public view in some circumstances–though the companies must compellingly show the disclosure would be harmful. Google argues that revelations about licensing negotiations would give competitors “additional leverage and bargaining power and would lead to an unfair advantage.”


Robart has not yet ruled on Google‘s request, which includes not only keeping documents under seal but also clearing the courtroom during crucial testimony. It is also unclear whether he will redact any discussion of royalty rates in his final opinion. The judge, who will decide this part of the case without a jury, did not respond to requests for comment.


NOT PAYING ATTENTION


Apple Inc and Microsoft Corp have been litigating in courts around the world against Google Inc and partners like Samsung Electronics Co Ltd, which use the Android operating system on their mobile devices.


Apple contends that Android is basically a copy of its iOS smartphone software, and Microsoft holds patents that it contends cover a number of Android features. Google bought Motorola for $ 12.5 billion, partly to use its large portfolio of communications patents as a bargaining chip against its competitors.


Robart will decide how big a royalty Motorola deserves from Microsoft for a license on some Motorola wireless and video patents.


Apple, for its part, is set to square off against Motorola on Monday in Madison, Wisconsin, in a case that that involves many of the same issues.


In Wisconsin, Apple and Motorola have filed the overwhelming majority of court documents entirely under seal. U.S. District Judge Barbara Crabb did not require them to seek advance permission to file them secretly, nor did she mandate that the companies make redacted copies available for the public.


Judges have broad discretion in granting requests to seal documents. The legal standard for such requests can be high, but in cases where both sides want the proceedings to be secret, judges have little incentive to thoroughly review secrecy requests.


In Apple‘s Northern California litigation against Samsung, both parties also sought to keep many documents under seal. After Reuters intervened to challenge the requests, on grounds it wanted to report financial details, U.S. District Judge Lucy Koh ordered both companies to disclose a range of information that they considered secret — including profit margins on individual products — but not licensing deals. Apple and Samsung are appealing the disclosure order.


In response to questions from Reuters last week, Judge Crabb in Wisconsin, who will also decide the case without a jury, acknowledged that she had not been paying attention to how many documents were being filed under seal. Federal judges in Madison will now require that parties file redacted briefs, she said, though as of Wednesday Apple and Motorola were still filing key briefs entirely under seal.


“Just because there is a seed or kernel of confidential information doesn’t mean an entire 25-page brief should be sealed,” said Bernard Chao, an IP professor at University of Denver Sturm College of Law.


Crabb promised that the upcoming trial would be open.


“Whatever opinion I make is not going to be redacted,” she told Reuters in an interview.


CHECKING THE COMPS


Microsoft sued Motorola two years ago, saying Motorola had promised to license its so-called “standards essential” patents at a fair rate, in exchange for the technology being adopted as a norm industrywide. But by demanding roughly $ 4 billion a year in revenue, Microsoft says Motorola broke its promise.


Robart will sort out what a reasonable royalty for those standards patents should be, partly by reviewing deals Motorola struck with other companies such as IBM and Research in Motion — much like an appraiser checking comparable properties to figure out whether a home is priced right.


Yet in this case, the public may not be able to understand exactly what figures Robart is comparing. In addition to Google‘s motion to seal those licensing terms, IBM and RIM have also asked Robart to keep the information secret.


“Competitors and potential counterparties to licensing and settlement agreements would gain an unfair insight into IBM’s analyses,” that company wrote.


Microsoft has supported Google‘s bids to seal documents in the past, and vice versa, though Microsoft has not yet taken a position on Google‘s latest request. Representatives for Microsoft and Google declined to comment.


Chao doesn’t think Robart will ultimately redact his own ruling, even though it may include discussion of the specific royalty rates. “I can’t imagine that,” he said.


Most judges cite lack of resources and overflowing dockets as the reason why they don’t scrutinze secrecy requests more closely — especially when both parties support them.


In Wisconsin, Crabb said that even though she will now require litigants to ask permission to file secret documents, it is highly unlikely that she will actually read those arguments — unless someone else flags a problem.


“We’re paddling madly to stay afloat,” Crabb said.


(Reporting by Dan Levine in San Francisco; Additional reporting by Bill Rigby in Seattle. Editing by Jonathan Weber and Andrew Hay)


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