US trade judge rules for Apple in Nokia dispute

Saturday, March 26, 2011 | 0 comments

AFP, WASHINGTON, MAR 27: A judge with the US International Trade Commission ruled in Apple's favor in a patent dispute with Finland's Nokia over mobile phones, portable music players and computers.

Judge James Gildea denied Nokia's claim that Apple had violated five patents held by the Finnish company.

The judge did not provide an explanation for his ruling and the full six-member commission now has 60 days to review his determination.

The ITC has the authority to bar imports into the United States of products found to be infringing on patents and Nokia was seeking to have Apple products barred.

The two mobile phone titans have been embroiled in a fierce legal battle over patents with Nokia lodging at least two other lawsuits against Apple and the California gadget-maker filing countersuits against the Finnish company.

US trade judge rules for Apple in Nokia dispute

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AFP, Washington, Mar 27: A judge with the US International Trade Commission ruled in Apple's favor in a patent dispute with Finland's Nokia over mobile phones, portable music players and computers.

Judge James Gildea denied Nokia's claim that Apple had violated five patents held by the Finnish company.

The judge did not provide an explanation for his ruling and the full six-member commission now has 60 days to review his determination.

The ITC has the authority to bar imports into the United States of products found to be infringing on patents and Nokia was seeking to have Apple products barred.

The two mobile phone titans have been embroiled in a fierce legal battle over patents with Nokia lodging at least two other lawsuits against Apple and the California gadget-maker filing countersuits against the Finnish company.

Currency flexibility key in LatAm: World Bank chief

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AFP, Calgary, Canada, Mar 27: Latin American nations should allow their currencies to firm if needed to help cool overheated economies, the International Monetary Fund chief said Saturday.

"A range of policies could be used to prevent overheating and dampen the credit cycle, including upward exchange rate flexibility, a more appropriate mix of monetary and fiscal policies, and adequate financial regulations," IMF managing director Dominique Strauss-Kahn told finance ministers at the Inter-American Development Bank annual meeting in this Canadian plains city.

"In some cases, capital controls might also be useful. But they should not substitute for fundamental policy adjustments," said Strauss-Kahn, who earlier in the month paid visits to Brazil, Panama and Uruguay.

Brazil, the region's industrial and natural-resources economic powerhouse, is among countries that have sought to use regulatory measures to curb speculative capital flows in its markets.

"Latin America faces two principal economic challenges: to increase the sustainable rate of economic growth and to reduce the volatility of growth," the IMF chief added.

Indian PM commits to reforms

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AFP, New Delhi, Mar 27: India's prime minister has reaffirmed his Congress-led government's commitment to economic reforms as the administration battles a host of corruption scandals.

The new thrust on reforms is seen by analysts as an attempt by the government to re-energise its legislative programme and take away the focus from the corruption storm.

"I confirm our commitment to new wave of reforms," Singh, widely credited with opening up India?s economy in 1991 while finance minister, said in a speech late Friday.

He added that he welcomed the "national focus on corruption because it will, as it already has to an extent, generate public pressure in favour of more reform".

The government has been hit by a slew of corruption scandals, ranging from a cash-for-votes controversy and the cut-price sale of telecoms licences to graft surrounding last year's Commonwealth Games.

Singh's own "Mr Clean" reputation has been tainted by the scandals, with the 78-year-old prime minister being portrayed by critics as a weak leader who turned a blind eye to corruption in his administration.

Singh said the battle against corruption is a "relentless one" requiring "eternal vigilance".

Economic liberalisation had "ended old opportunities for corruption and favouritism... but human ingenuity and the desire to make a quick buck are such that the greedy are able to tap into new sources of corruption", Singh said.

India's economic reform programme has been stalled by the scandals that have paralysed parliament and been a factor in discouraging foreign capital flows, analysts say.

"What India needs is a political consensus (on reform)", Singh said.

Singh said the government was committed to carrying forward reforms in the financial sector to sustain India's high growth -- expected to be nine percent in the fiscal year starting April 1 -- and ease high inflation.

Putting into effect of India's proposed national Goods and Service Tax (GST) is long overdue, he said, adding that "we are committed to implementing it" from 2012.

India's government earlier in the week introduced legislation to pave the way for the passage of the far-reaching reform aimed at simplifying tax on goods and services.

The long-delayed GST seeks to harmonise the tax structure among India's 29 states and create a uniform levy system.

It is one of the government's most important proposed reforms.

But it faces major hurdles to become law. It must be approved by two-thirds of parliament and half of the country's states, meaning the coalition will have to rely on rivals to see it passed.

Some states, fearing loss of revenue and autonomy in setting taxes, and the main national opposition Bharatiya Janata Party (BJP) are opposed to the changes.

The government is also aiming to overhaul financing regulations to make it easier to fund vitally needed projects to overhaul India's dilapidated infrastructure.

Auditor raps India's ONGC over 'inflated' claims

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AFP, New Delhi, Mar 27: India's auditor has rapped state-run ONGC over its $2.12 billion purchase of Imperial Energy, saying unrealistic output forecasts were made to justify the energy giant's costliest ever acquisition.

The harshly-worded condemnation comes only months before Oil and Natural Gas Corp (ONGC) is slated to hold a share sale targeted to raise around $2.7 billion for government coffers.

The government auditor said Russia-focused Imperial, whose main assets are in the Tomskh region of east Russia, has produced lower than projected output and its oil reserves had been inflated.

London-listed Imperial has been able to achieve production of only 15,803 barrels of oil per day (bpd) as against the envisaged production levels of 35,000 bpd (at the time of acquisition), the Comptroller and Auditor General said in its report tabled in parliament late Friday,

The shortfall had caused a loss of 11.8 billion rupees or $265 million on top of several billions dollars in losses stemming from unproductive exploration of assets.

ONGC still has "to succeed as an (energy) operator", the report said.

ONGC Videsh Ltd, the overseas arm of ONGC, acquired Russia-focused Imperial Energy in January 2009 for $2.12 billion, making it the company's most expensive acquisition ever.

ONGC had to reduce the proven reserve size of the asset during 2009-10 by 1.53 million tons "indicating the inflated size of reserves estimated by the company at the time of its acquisition", the auditor general said.

"The fact the company even now is not in a position to generate a realistic production profile and bring out an economic analysis confirms all the problems associated with these fields were not properly assessed," the report said.

Investors are already nervous about India's raft of financial scandals and analysts say the damning report could jeopardise the government's plans to sell off a five percent stake in ONGC sometime mid-year.

The report criticising ONGC comes after the auditor last year stirred a massive controversy by saying the government's cut-rate sale of mobile licences had cost the public treasury up to $40 billion.

Philippine carrier gets green light to cut units

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AFP, Manila, Mar 27: National flag-carrier Philippine Airlines has won government approval to hive off some units to cut costs, but the staff must get higher severance pay, President Benigno Aquino's chief aide said Saturday.

The government ruling gives the struggling company a free hand to farm out its in-flight catering, airport services and call centre reservations to other companies, to cut its long-terms costs.

However the government also ordered PAL to pay a severance pay equivalent to 125 percent of the affected employees' monthly salaries for each month they were employed, up from the 25 percent that the airline had originally offered.

The Aquino government forced PAL and its ground crew staff to submit to government arbitration late last year after the the union rejected the company's severance offer to 2,600 affected workers.

"In light of this development, we are issuing a ruling which takes into consideration the welfare of the workers involved in accordance with labour laws and regulations," Executive Secretary Paquito Ochoa said in his ruling.

Neither side could be reached for comment Saturday.

PAL had said in November it expected to be hit with a bill of almost 60 million dollars in severance payments to staff when it farms out ground crew work.

After incurring a combined 312 million dollars in net losses in its two fiscal years to March 2010, PAL had said spinning off the ground services would help the airline save the jobs of the remaining 4,000-plus staff.

Brown urges G-20 to seal 'global growth pact'

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AP, Dallas, Mar 27: Alaska Airlines and its Horizon Air affiliate canceled 95 flights Saturday because a computer system used for flight planning failed.

The outage lasted intermittently for about seven hours and resulted in the two airlines scrapping about 12 percent of their combined schedule before technicians fixed the system, which returned at 10 a.m. Pacific time.

Company spokesman Paul McElroy said many other flights were delayed, and customers had trouble getting flight-status updates on the airlines' website because of the outage.

McElroy said stranded passengers would be rebooked on later planes or put on other airlines and Alaska will consider adding flights. He said passengers will not be charged a flight-change fee.

The airline declined to say how many passengers were affected.

Alaska Airlines, which canceled 54 flights, uses versions of the Boeing 737 with roughly 124 to 172 seats, according to airline seating chart websites. Horizon, which canceled 41 flights, uses smaller turboprop planes.

McElroy said the company was going through a routine upgrade of its computer system when something went wrong.

Seattle-based Alaska Airlines flies to cities in the U.S., focusing on the West Coast, and to Canada and Mexico. Alaska and Horizon are owned by Alaska Air Group Inc.

Brown urges G-20 to seal 'global growth pact'

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AP, Brussels, Mar 27: Less than a week ahead of a meeting of the Group of 20 rich and developing nations in China, former U.K. Prime Minister Gordon Brown has urged the world's most powerful economies to seal a "global growth pact" to fight unemployment.

Brown was joined on Saturday by other top economic policymakers in his call for a transformation of the G-20 to help it remain relevant in a global economy torn by clashing national interests — although their focus differed somewhat from his.

To tackle high unemployment in poor and rich nations and a lack of economic growth in Europe and the United States, politicians need to look beyond merely reducing deficits, Brown said.

"All around the world deficit reduction has become the big issue when actually it's only one of the issues," Brown told a panel in Brussels debating the relevance of the G-20. The panel also included Pascal Lamy, the director general of the World Trade Organization, and World Bank President Robert Zoellick.

Brown said the G-20 was at a juncture that would decide whether it can deliver prosperity to poorer nations in the Middle East and North Africa as well as more established economies in America and Europe.

His comments come as tens of thousands of people were marching through the streets of London to protest austerity measures and political upheavals continue in Northern Africa and the Middle East triggered in part by huge youth unemployment.

They also come ahead of a meeting of G-20 central bank governors and cabinet ministers in Nanjing, China, on Thursday — convened by French President Nicolas Sarkozy — to discuss reform of the global monetary system. France has made such a reform one of the focal points of its yearlong presidency of the G-20, along with reducing economic imbalances and volatility in commodity prices.

While Brown said an overhaul of the monetary system was necessary, he chose to take a broader view.

"I cannot imagine that the world can solve the unemployment problem we've got without closer economic cooperation," he told the panel, organized by the United States' German Marshall Fund, a nonpartisan public policy group.

If China increases domestic consumption faster than expected, the U.S. manages to rebalance its own expansive consumption and investment patterns and Europe can overhaul its struggling economies, the global economy could grow about 4 percent faster by 2014, create 50 million jobs and pull some 100 million people out of poverty, Brown said citing a report by the International Monetary Fund.

But he cautioned that there was a lack of political will on the international level to compromise on domestic interests. "We are retreating into national silos just when international economic cooperation is more needed than ever," Brown warned.

Brown was one of the politicians central to heaving the G-20 into the limelight of global decision making in the wake of the financial crisis. The group's meeting in London in 2009, when Brown was British prime minister, is widely seen as one of its most successful, forging deals on tighter financial regulation.

Since then, however, the G-20 has been struggling to create agreements between economies on widely divergent growth paths such as the U.S. and China. Its most recent meeting in Paris in February was criticized for concluding a watered down deal on reducing dangerous economic imbalances.

Lamy and Zoellick also said the G-20 needed to transform if it wanted to remain relevant — the WTO chief pointed to paralysis over disagreements between the U.S. and China, while the World Bank president said the overrepresentation of Europe was being seen by many as coming at the expense of poorer African and Asian nations.

However, both stressed that a focus on deficit reduction was unavoidable at the moment. Zoellick, who worked under former President George W. Bush, said the U.S. needed to address its high debt and deficit.

Asked about the anti-austerity demonstrations in London, Lamy said that in his opinion, "for the moment a number of countries have no choice but to go through this painful period."

London's biggest protest since Iraq war in 2003

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AP, London, Mar 26: More than 250,000 people took to London's streets to protest the toughest spending cuts since World War II — one of the largest demonstrations since the Iraq war — as riot police clashed with a small groups. More than 200 people were arrested.

Although most of Saturday's demonstration was peaceful, clashes continued into the night as dozens of protesters pelted officers with bottles and amonia-filled lightbulbs. Groups set several fires and smashed shop windows near tourist landmarks such as Trafalgar Square.

Teachers, nurses, firefighters, public sector workers, students, pensioners and campaign groups all took part in Saturday's mass demonstration.

'They shouldn't be taking money from public services. What have we done to deserve this?' said Alison Foster, a 53-year-old school teacher. 'Yes, they are making vicious cuts. That's why I'm marching, to let them know this is wrong.'

Britain is facing 80 billion pounds ($130 billion) of public spending cuts from Prime Minister David Cameron's coalition government as it struggles to slash the country's deficit. The government has already raised sales tax, but Britons are bracing for big cuts to public spending that are expected next month.

Treasury chief George Osborne has staked the government's future on tough economic remedies after Britain spent billions bailing out banks. Some half a million public sector jobs will likely be lost, about 18 billion ($28.5 billion) axed from welfare payments and the pension age raised to 66 by 2020.

Commander Bob Broadhurst of the Metropolitan Police confirmed more than 250,000 people had marched peacefully, but said around 500 caused trouble.

Hundreds were arrested and police expected that number to rise. Dozens were injured, and several were admitted to hospitals for a range of problems, including shortness of breath and broken bones. Five police officers were also injured.

The demonstration began in the afternoon. Police said one small group of protesters broke away from the main march, scuffling with police officers and attempting to smash windows on two of London's main shopping streets. Others threw objects at the posh Ritz Hotel in nearby Piccadilly.

The protesters, shouting 'Welfare not Warfare!' outnumbered the police. Some attacked police officers with large pieces of wood. A handful of bank branches were damaged when groups threw paint and flares at buildings.

Still, the day's protest otherwise had a carnival feel with music, big screen TVs and performers in Hyde Park, one of London's biggest public gardens.

The TUC, the main umbrella body for British unions, says it believes the cuts will threaten the country's economic recovery, and has urged the government to create new taxes for banks and to close loopholes that allow some companies to pay less tax.

TUC general secretary Brendan Barber said he regretted the sporadic violence.

'I don't think the activities of a few hundred people should take the focus away from the hundreds of thousands of people who have sent a powerful message to the government today,' he said. 'Ministers should now seriously reconsider their whole strategy after today's demonstration. This has been Middle Britain speaking.'

Ed Miliband, leader of the opposition Labour Party, likened the march to the suffragette movement in Britain and the civil rights movement in America. 'Our causes may be different but we come together to realize our voice.'

'Brain waste' thwarts immigrants' career dreams

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AP, New York, Mar 27: After finishing medical school in Bogota, Colombia, Maria Anjelica Montenegro did it all — obstetrics, pediatrics, emergency medicine, even surgery. By her estimate, she worked with thousands of patients.

None of that prepared her for the jobs she's had since she moved to the United States: Sales clerk. Babysitter. Medical assistant.

That last one definitely rubbed raw at times.

'I know I was working in my field,' the 34-year-old New York resident said. 'But that is medical assistant. I'm a doctor.'

Montenegro is hardly unique, given the high U.S. unemployment rate these days. Her situation reflects a trend that some researchers call 'brain waste' — a term applied to immigrants who were skilled professionals in their home countries, yet are stymied in their efforts to find work in the U.S. that makes full use of their education or training.

Most of these immigrants wind up underemployed because of barriers like language, lack of access to job networks, or credentialing requirements that are different from those in other countries. Some are held back even further because they're also in the U.S. illegally.

An analysis by researchers at the Migration Policy Institute, an immigration think tank, estimated that 1.2 million college-educated immigrants in the United States were underemployed, out of a population of 6.7 million. About another 350,000 were unemployed. The analysis, based on data from the Census Bureau's 2009 American Community Survey, did not differentiate between legal and illegal immigrants.

Brain waste has consequences for immigrants as well as American employers and the larger economy, said Jeanne Batalova, policy analyst at the institute and co-author of a study on the issue.

For immigrants, it means bringing home less money than they have the potential to earn. For employers, it means fewer skilled applicants in their hiring pools. For the country overall, it means a missed opportunity to leverage already trained professionals in areas where there may be a desperate need for them.

There's a 'loss when human talent and potential is not maximized in the fullest,' Batalova said.

Mohan Singh, 55, thought moving to the United States would be a smooth transition. Born and raised in India, he left his home country for Kuwait, where he worked in air conditioning and elevator maintenance. He lived in Kuwait for 25 years, started his own company and was successful enough to send his daughter and son to college in the United States.

At their urging, Singh came to the U.S. in 2000. He said he thought 'that I'll be getting the same job, I'll be getting into a good field, make a good life.'

It took seven years to complete the paperwork that allowed Singh to work here legally. When he applied for jobs, would-be employers focused on the fact that Singh had not worked in his field in the United States.

'They cancel all my experience,' he said.

He now spends 12 hours a day, seven days a week, behind the wheel of a taxicab. It's a far cry from the work he's done for much of his life, Singh said, and the wages are much lower than those he once brought home. The whole experience has soured him on the idea of staying in America. He plans to move back to India in a couple of years, when his son is done with his post-graduate work.

'I used to have money, I used to have good life,' Singh said. 'Over here, I'm hand to mouth.'

Nikki Cicerani, executive director of Upwardly Global, a nonprofit organization that helps legal immigrants find work in their chosen professions, said typically, immigrants come from environments where job-seeking is done differently. They may not know how to navigate the system, whether it's building a network to learn about job openings or having a resume formatted in a way that is familiar to American employers.

Interviewing can be especially tricky. 'In many other countries, the resume and the educational experience is the clincher,' Cicerani said, 'whereas in the United States, the interview is make it or break it.'

American employers can also have difficulty figuring out if an immigrant would be the kind of employee they are seeking, absent a ready way of understanding how foreign educational or professional expertise translates in the U.S. job market, Cicerani said.

'They're not really clear how to evaluate a foreign degree against a U.S.-educated candidate,' she said.

Montenegro came to the United States in 2004 to care for her mother, who had been diagnosed with breast cancer. She stayed after marrying a man she met here, and became an American citizen. She now lives in the New York borough of Queens with her husband and two children.

Language was the first barrier that Montenegro encountered. She needed to improve her English, but she also needed to work. She took a job as a sales clerk in a local mall, and even though it felt strange to be a medical professional working in retail, she said, the position at least helped her polish her language skills.

Then came larger hurdles that no amount of perfect English could surmount. There's a series of exams, the first of which cost $1,000 alone, Montenegro said. She also has to complete a residency, a requirement for all graduates of American medical schools. There are a limited number of residency slots overall which makes it a very competitive process for everyone, but even more so for foreign medical school graduates.

Montenegro has one more exam to pass before she can apply for a residency, a process that will take at least a year or two. There's no guarantee that she'll be accepted for a residency; At times, she fears she may never work as a doctor here.

'So many times I want to get my things and my passport and go back to my country,' Montenegro said. Over the years, she heard stories about the lifestyles her doctor friends in Colombia were able to afford as she worked at various low-wage jobs.

While Montenegro agrees that her credentials and her ability to provide good health care should be vetted before she's allowed to work in this country, she thinks having to train as a general practitioner all over again when she already has experience is a waste — especially for the U.S., she said, because she speaks fluent Spanish and could be an asset in any Spanish-speaking community in need of a doctor.

'I'm ready to do that and help people,' she said.
 
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