U.S. to review Boeing 787 design, safety

Two new incidents involving the Boeing 787 Dreamliner have been reported in Japan -- a crack in the cockpit and an oil leak. Norah O'Donnell reports.

The U.S. Federal Aviation Administration said Friday it will launch a high-priority and comprehensive review of Chicago-based Boeing's new 787's critical systems, following a rash of malfunctions this week, such as a battery fire and fuel leaks. However, federal transportation officials also supported Boeing, saying repeatedly that the plane is safe.

"We are confident about the safety of this aircraft," said Federal Aviation Administrator Michael Huerta, adding that a priority in the review will be the plane's electrical systems. He said he would not speculate on how long the review would take.

The review, an unusual move for the FAA that will not ground planes or halt production of new 787s, will examine the plane's design, manufacture and assembly, said U.S. Transportation Secretary Ray LaHood.

"Through it, we will look for the root causes of recent events and do everything we can to make sure these events don't happen again," he said. "I believe this plane is safe and I would have absolutely no reservation of boarding one of these planes and taking a flight."

Boeing shares were down 2.5 percent in midday trading to $75.15.

The announcement comes amid yet more reports Friday of problems with the highly anticipated "Dreamliner" jet, including a cracked cockpit window and another oil leak on a Japanese carrier. They add to a rash of other reported problems this week, most seriously a battery fire on a parked 787 in Boston, an incident under investigation by the National Transportation Safety Board.

The plane model is in use in Chicago for temporary United Airlines flights between Chicago O'Hare and Houston. Chicago-based United has five other 787s in service domestically. "We continue to have complete confidence in the 787 and in the ability of Boeing, with the support of the FAA, to resolve these early operational issues," a United spokeswoman said. "We will support Boeing and the FAA throughout their review."

Next week, LOT Polish Airlines plans to begin operating the region's first regular flight on a 787 between O'Hare and Warsaw, Poland. That inaugural flight is still planned for Wednesday, a spokeswoman said. All told, Boeing has delivered 50 Dreamliners to customers around the world, many to Japanese carriers.

Aviation experts have said the planes are safe and that glitches are common on new models of planes, especially ones as revolutionary as the 787, which uses mostly composite materials instead of metals to create an aircraft that's more lighter, more fuel-efficient and more comfortable for passengers. However, other observers have said the concentration of problems in a short period and the media attention they garner is damaging the reputation of Boeing, which was already under scrutiny for delivering the Dreamliner to customers more than three years late. The plane's list price is about $207 million.

The latest problems came Friday, when Japanese carrier All Nippon Airways said a domestic flight from Tokyo landed safely at Matsuyama airport in western Japan after a crack developed on the cockpit windscreen, and the plane's return to Tokyo was cancelled.

"Cracks appear a few times every year in other planes. We don't see this as a sign of a fundamental problem" with Boeing aircraft, a spokesman for the airline said. The same airline later on Friday said oil was found leaking from an engine of a 787 Dreamliner after the plane landed at Miyazaki airport in southern Japan. An airline spokeswoman said it later returned to Tokyo after some delay. No one was injured in either incident.

Boeing said Friday the 787 logged 50,000 hours of flight, with more than 150 flights occurring daily, and that its performance has been on par with the Boeing 777, which it calls "the industry's best-ever introduction" of a new airplane. "More than a year ago, the 787 completed the most robust and rigorous certification process in the history of the FAA," Boeing said in a statement. "We remain fully confident in the airplane's design and production system."

Ray Conner, president and chief executive officer of Boeing Commercial Airplanes, said Friday that the recent problems were not caused by Boeing's outsourcing of production or by ramping up production too quickly.

"We are fully committed to resolving any issue that affects the reliability of our airlines," he said.

gkarp@tribune.com

Reuters contributed
 

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Panel recommends against closing any Chicago public high schools

No high schools would be shut down under proposals in a preliminary report from the commission on school closings appointed by Chicago Public Schools chief Barbara Byrd-Bennett.

Taking high schools out of the equation was the biggest surprise in the report, which also recommended that the district’s best-performing schools, classified as Level 1, as well as Level 2 schools that are showing progress, not be considered for closing.

The commission also recommends that schools that have recently been consolidated, and schools in a “turnaround” academic situation, not be closed.

CPS has said utilization will be the key factor in closing schools, but the commission recommends that under-utilized schools that are in the process of adding grades be kept open. So should schools with more than 600 students, under the report’s proposals.

Faced with dwindling enrollment, the district is expected to close a number of schools at the end of this school year – sources in September said 80 to 120 schools could be on the block.

District officials have said they are awaiting full recommendations from the Commission on School Utilization in early  March before they release an actual list of schools to be closed.

While CPS has said it will take the recommendations into account, Byrd-Bennett has also said the district is not bound to follow all the suggestions.

The district has identified more than 300 “under-enrolled” schools.

The commission has held meetings with residents and community groups across the city, but its role in the school closing process has repeatedly come into question by those who oppose school closings. Critics have also questioned the ability of the commission to remain independent from Mayor Rahm Emanuel and his appointed school administration.

While Byrd-Bennett has said she expects a list of schools to close from the commission. Commission members have said they are not expected to provide a list of schools to target only recommendations on “the best method” to identify schools for closing and which schools should be removed from consideration.

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Lumia sales lift Nokia results and turnaround hopes

HELSINKI (Reuters) - Nokia said strong sales of Lumia smartphones helped its mobile phone business achieve underlying profitability in the fourth quarter, raising hopes the struggling handset maker may be past the worst.

The Finnish company, which has been losing market share to Samsung and Apple, said the better-than-expected result was also helped by cost cuts, a stronger-than-expected performance from its Nokia Siemens Networks unit and 50 million euros ($65.2 million) in patent royalties.

The surprise announcement lifted the shares to nine-month highs and eased pressure on Chief Executive Stephen Elop, who has been trying to prove his February 2011 decision to switch to Microsoft Windows software was the right one.

Elop was seen to be running out of time after saying that the transition would take two years. Success of the high-end Lumia smartphones has been considered crucial for the company's survival, and investors had said Elop would need to quit or change strategy if sales did not pick up by early 2013.

"We're very pleased with the Lumia response," Elop told analysts, although he added that sales of the latest 920 models, which use the new Windows Phone 8 software, had been constrained by a shortage of supplies.

Nokia estimated fourth-quarter operating margin in its mobile phone business was between break-even to 2 percent. It previously forecast the margin to be around minus 6 percent.

Official results, including more details on its profit and cash position, are due on January 24.

Fourth-quarter net sales in devices and services were about 3.9 billion euros ($5.09 billion), Nokia said. It sold a total of 86.3 million devices. Smartphones accounted for 6.6 million units, of which 4.4 million were the Windows-based Lumia handsets.

Nokia shares rose 10.8 percent to 3.32 euros as some investors cheered the rare positive announcement from Nokia and traders scrambled to cover their short positions.

Nokia had 17 percent of shares out on loan, according to Markit data, making it one of the most "shorted" stocks in Europe.

STILL NEED EVIDENCE

The company said that conditions remained tough despite the stronger-than-expected fourth quarter, and forecast its margin to be around minus 2 percent in the first quarter of this year.

"We continue to operate in a competitive environment with limited visibility," Elop said.

Some analysts were skeptical about the success of the Lumia strategy. Nokia would not say how many of the Lumias it sold were the newest models rather than the heavily discounted ones launched earlier.

Many also noted Lumias sold in the fourth quarter still make up a small portion of global smartphone sales in the same period, estimated at over 200 million.

"4.4 million Lumias sold is not yet a promise of a turnaround," said Inderes analyst Mikael Rautanen, who had just downgraded the shares to "sell" on Tuesday.

Bernstein analyst Pierre Ferragu said he was still negative about the shares, rating them "underperform".

"Last year, in order to sustain Lumia volumes, Nokia had to cut prices very rapidly, driving gross margins close to zero. We believe this will repeat this year," he said.

Redeye analyst Greger Johansson said it was too early to call it a turnaround.

"They will have to prove a lot more until you can say that," he said. "I'm not still convinced that they are going to manage to succeed with those new smartphones. They have to sell a lot more in volumes until you can say that."

($1 = 0.7667 euros)

(Additional reporting by Terhi Kinnunen and Sudip Kar-Gupta; Editing by David Goodman and Sophie Walker)

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Researchers: NFL's Seau had from brain disease

When he ended his life last year by shooting himself in the chest, Junior Seau had a degenerative brain disease often linked with repeated blows to the head.

Researchers from the National Institutes of Health said Thursday the former NFL star's abnormalities are consistent with chronic traumatic encephalopathy, or CTE.

The hard-hitting linebacker played for 20 NFL seasons with San Diego, Miami and New England before retiring in 2009. He died at age 43 of a self-inflicted gunshot in May, and his family requested the analysis of his brain.

"We saw changes in his behavior and things that didn't add up with him," his ex-wife, Gina, told The Associated Press. "But (CTE) was not something we considered or even were aware of. But pretty immediately (after the suicide) doctors were trying to get their hands on Junior's brain to examine it."

The NIH, based in Bethesda, Md., studied three unidentified brains, one of which was Seau's, and said the findings on Seau were similar to autopsies of people "with exposure to repetitive head injuries."

"It was important to us to get to the bottom of this, the truth," Gina Seau added, "and now that it has been conclusively determined from every expert that he had obviously had CTE, we just hope it is taken more seriously. You can't deny it exists, and it is hard to deny there is a link between head trauma and CTE. There's such strong evidence correlating head trauma and collisions and CTE."

In the final years of his life, Seau had wild behavioral swings, according to Gina and to 23-year-old son, Tyler, along with signs of irrationality, forgetfulness, insomnia and depression.

"He emotionally detached himself and would kind of 'go away' for a little bit," Tyler Seau said. "And then the depression and things like that. It started to progressively get worse."

He hid it well in public, they said, but not when he was with family or close friends.

Seau joins a list of several dozen football players who were found to have CTE. Boston University's center for study of the disease reported last month that 34 former pro players and nine who played only college football suffered from CTE.

The NFL faces lawsuits by thousands of former players who say the league withheld information on the harmful effects of concussions. According to an AP review of 175 lawsuits, 3,818 players have sued. At least 26 Hall of Famer members are among the players who have done so.

The National Football League, in an email to the AP, said: "We appreciate the Seau family's cooperation with the National Institutes of Health. The finding underscores the recognized need for additional research to accelerate a fuller understanding of CTE.

"The NFL, both directly and in partnership with the NIH, Centers for Disease Control and other leading organizations, is committed to supporting a wide range of independent medical and scientific research that will both address CTE and promote the long-term health and safety of athletes at all levels."

NFL teams have given a $30 million research grant to the NIH.

The players' union called the NIH report on Seau "tragic."

"The only way we can improve the safety of players, restore the confidence of our fans and secure the future of our game is to insist on the same quality of medical care, informed consent and ethical standards that we expect for ourselves and for our family members," the NFLPA said in a statement.

"This is why the players have asked for things like independent sideline concussion experts, the certification and credentialing of all professional football medical staff and a fairer workers compensation system in professional football," it said.

Seau is not the first former NFL player who killed himself and later was found to have had CTE. Dave Duerson and Ray Easterling are the others.

Before shooting himself, Duerson, a former Chicago Bears defensive back, left a note asking that his brain be studied for signs of trauma. His family filed a wrongful-death suit against the NFL, claiming the league didn't do enough to prevent or treat the concussions that severely damaged his brain.

Easterling played safety for the Falcons in the 1970s. After his career, he suffered from dementia, depression and insomnia, according to his wife, Mary Ann. He committed suicide last April.

Mary Ann Easterling is among the plaintiffs who have sued the NFL.

Tyler Seau played football through high school and for two years in college. He says he has no symptoms of brain trauma.

"I was not surprised after learning a little about CTE that he had it," Tyler said. "He did play so many years at that level. I was more just kind of angry I didn't do something more and have the awareness to help him more, and now it is too late."

Gina Seau's son Jake, now a high school junior, played football for two seasons but has switched to lacrosse and has been recruited to play at Duke.

"Lacrosse is really his sport and what he is passionate about," she said. "He is a good football player and probably could continue. But especially now watching what his dad went through, he says, 'Why would I risk lacrosse for football?'

"I didn't have to have a discussion with him after we saw what Junior went through."

Her 12-year-old son Hunter has shown no interest in playing football.

"That's fine with me," she said.

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Depardieu skips court to set up Strauss-Kahn role

PARIS (Reuters) – French film star Gerard Depardieu skipped a court hearing on drink-driving charges on Tuesday as he pursued a headline-grabbing world tour that has seen him set up an alleged tax haven home in Belgium and pick up a passport in Russia.

The garrulous actor’s lawyer said he had missed the hearing in Paris because he was now in Montenegro for meetings about a film in which he will play disgraced former IMF chief Dominique Strauss-Kahn.

He was not obliged to attend the pre-trial hearing, but the no-show means the case will turn into a full trial, guaranteeing another day in the spotlight for Depardieu, already caught up in a public row with French authorities over his tax status.

It could also lead to the 64-year-old star of “Cyrano de Bergerac” and “Asterix and Obelix” getting a tougher sentence if convicted – in theory up to two years in prison.

“Despite wanting to be there and meet the judges and in no way to escape justice, Gerard Depardieu absolutely could not be present,” his lawyer Eric de Caumont told a scrum of reporters outside the Paris courtroom on Tuesday.

He said Depardieu was in Montenegro negotiating a deal for the film about Strauss-Kahn, who was seen as the next president of France until a U.S. sex scandal ended his career.

Depardieu also met Montenegrin Prime Minister Milo Djukanovic, who suggested he might become a cultural ambassador for Montenegro.

Asked if that meant he planned to add Montenegrin citizenship to his growing list, Depardieu said: “I’m not collecting passports …

“If I got a Montenegrin passport it would be without personal gain. But … I’m honored by the idea that I could be a Montenegrin cultural ambassador to the world.”

HIGH TAX POLICY

Depardieu’s actions have guaranteed international coverage of a high-tax policy by France‘s Socialist government that has seen a stream of wealthy citizens seek exile.

His purchase of a house in Belgium last month spurred accusations that he was trying to avoid tax.

Prime Minister Jean-Marc Ayrault called the move “pathetic” and unpatriotic, and Depardieu’s acceptance of a Russian passport last week provoked even fiercer charges that he had abandoned his homeland.

Russia has a flat income tax rate of 13 percent, compared to the 75 percent on income over 1 million euros ($ 1.32 million) that President Francois Hollande wants to levy in France.

Actor-director Mathieu Kassovitz, best known abroad for his role in the whimsical movie romance “Amelie”, said on Monday he understood those fleeing high taxes and that he also planned to quit France because of a lack of financing for films.

Depardieu denied on Monday that he was leaving France for tax reasons.

“I have a Russian passport, but I remain French and I will probably have dual Belgian nationality. But if I’d wanted to escape the taxman, as the French press say, I would have done it a long time ago,” he said.

Depardieu is a larger-than-life figure who began his long career playing thugs and drop-outs before moving on to leading-man roles in films like the romantic comedy “Green Card”.

The actor is accused of crashing his scooter in Paris with more than three times the legal limit of alcohol in his blood. No one else was injured in the accident.

By skipping the pre-trial hearing, he missed out on the chance to strike a bargain with prosecutors.

A few months before the scooter incident, a car driver accused Depardieu of assault and battery during an altercation in Paris. Last year, the actor outraged passengers on an Air France flight by urinating into a bottle in the aisle.

(Additional Reporting by Thierry Leveque and Catherine Bremer in Paris and Petar Komnenic in Podgorica; Editing by Mark John and Kevin Liffey)

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Flu season strikes early and, in some places, hard

NEW YORK (AP) — From the Rocky Mountains to New England, hospitals are swamped with people with flu symptoms. Some medical centers are turning away visitors or making them wear face masks, and one Pennsylvania hospital set up a tent outside its ER to deal with the feverish patients.

Flu season in the U.S. has struck early and, in many places, hard.

While flu normally doesn't blanket the country until late January or February, it is already widespread in more than 40 states, with about 30 of them reporting some major hotspots. On Thursday, health officials blamed the flu for the deaths of 20 children so far.

Whether this will be considered a bad season by the time it has run its course in the spring remains to be seen.

"Those of us with gray hair have seen worse," said Dr. William Schaffner, a flu expert at Vanderbilt University in Nashville.

The evidence so far points to a moderate season, Schaffner and others say. It looks bad in part because last year was unusually mild and because the main strain of influenza circulating this year tends to make people sicker and really lay them low.

David Smythe of New York City saw it happen to his 50-year-old girlfriend, who has been knocked out for about two weeks. "She's been in bed. She can't even get up," he said.

Also, the flu's early arrival coincided with spikes in a variety of other viruses, including a childhood malady that mimics flu and a new norovirus that causes vomiting and diarrhea, or what is commonly known as "stomach flu." So what people are calling the flu may, in fact, be something else.

"There may be more of an overlap than we normally see," said Dr. Joseph Bresee, who tracks the flu for the Centers for Disease Control and Prevention.

Most people don't undergo lab tests to confirm flu, and the symptoms are so similar that it can be hard to distinguish flu from other viruses, or even a cold. Over the holidays, 250 people were sickened at a Mormon missionary training center in Utah, but the culprit turned out to be a norovirus, not the flu.

Flu is a major contributor, though, to what's going on.

"I'd say 75 percent," said Dr. Dan Surdam, head of the emergency department at Cheyenne Regional Medical Center, Wyoming's largest hospital. The 17-bed emergency room saw its busiest day ever last week, with 166 visitors.

The early onslaught has resulted in a spike in hospitalizations. To deal with the influx and protect other patients from getting sick, hospitals are restricting visits from children, requiring family members to wear masks and banning anyone with flu symptoms from maternity wards.

One hospital in Allentown, Pa., set up a tent this week for a steady stream of patients with flu symptoms. But so far "what we're seeing is a typical flu season," said Terry Burger, director of infection control and prevention for the hospital, Lehigh Valley Hospital-Cedar Crest.

On Wednesday, Boston declared a public health emergency, with the city's hospitals counting about 1,500 emergency room visits since December by people with flu-like symptoms.

All the flu activity has led some to question whether this year's flu shot is working. While health officials are still analyzing the vaccine, early indications are that it's about 60 percent effective, which is in line with what's been seen in other years.

The vaccine is reformulated each year, based on experts' best guess of which strains of the virus will predominate. This year's vaccine is well-matched to what's going around. The government estimates that between a third and half of Americans have gotten the vaccine.

In New York City, 57-year-old Judith Quinones suffered her worst case of flu-like illness in years and was laid up for nearly a month with fever and body aches. "I just couldn't function," she said.

She decided to skip getting a flu shot last fall. But her daughter got the shot. "And she got sick twice," Quinones said.

Europe is also suffering an early flu season, though a milder strain predominates there. Flu reports are up, too, in China, Japan, the West Bank, the Gaza Strip, Algeria and the Republic of Congo. Britain has seen a surge in cases of norovirus.

On average, about 24,000 Americans die each flu season, according to the CDC.

Flu usually peaks in midwinter. Symptoms can include fever, cough, runny nose, head and body aches and fatigue. Some people also suffer vomiting and diarrhea, and some develop pneumonia or other severe complications.

Most people with flu have a mild illness and can help themselves and protect others by staying home and resting. But people with severe symptoms should see a doctor. They may be given antiviral drugs or other medications to ease symptoms.

Flu vaccinations are recommended for everyone 6 months or older. Of the 20 children killed by the flu this season, only two were fully vaccinated.

___

AP Medical Writer Maria Cheng in London contributed to this report.

___

Online:

CDC flu: http://www.cdc.gov/flu/index.htm

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Meredith Vieira leaving 'Millionaire'

PASADENA, Calif. (AP) — Meredith Vieira is leaving "Who Wants to Be a Millionaire" after 11 years as host of the syndicated game show.

The former "Today" show host and two-time Emmy winner as best game show host said Thursday she's leaving for other ventures including more work at NBC News.

An executive familiar with Vieira's plans says Vieira will be launching her own YouTube channel with stories on people's lives. The executive spoke on condition of anonymity because the plans haven't been announced yet.

Vieira also has her own production company. She produced the feature film "Return" and the touring play "Life in a Marital Institution (20 Years of Monogamy in One Terrifying Hour)."

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Jewel-Osco stores to be sold to Cerberus group

Jewel-Osco stores will be sold to a consortium of investors led by Cerberus Capital Management, Jewel's parent Supervalu said today. (WGN - Chicago)

Jewel-Osco stores will be sold to a consortium of investors led by Cerberus Capital Management, Jewel's parent Supervalu said Thursday.

The deal, valued at $3.3 billion, also includes the Albertsons, Acme, and Shaw stores.

The announcement ends months of speculation that all or parts of the troubled grocery chain would be sold to New York-based Cerberus, an investment firm. Supervalu acquired Jewel in 2006 as part of a larger, complex acquisition of the Albertsons company.

Supervalu also reported earnings of $16 million, or 8 cents per share, in the third quarter ended on Dec. 1, compared with a year-earlier loss of $750 million, or $3.54 per share.

Excluding an after-tax gain related to a cash settlement from credit card companies and after-tax charges primarily related to store closures, it earned $5 million, or 3 cents per share.

As part of the deal, which includes $100 million in cash and $3.2 billion in debt, the five grocery chains will be acquired by AB Acquisition, an affiliate of Cerberus. Other investors in the deal include Kimco Realty Corp, Klaff Realty, Lubert-Adler Partners and Schottenstein Real Estate Group.

Following the sale, which is expected to close in the spring, a newly formed entity called Symphony Investors, led by Cerberus, will purchase up to 30 percent of Supervalu's outstanding shares for $4 each, representing a 50 percent premium over the stock's 30-day average. If Symphony cannot acquire at least 19.9 percent of the outstanding shares at that price, Supervalu must issue additional stock.

Wall Street has long expected Eden Prairie, Minn.-based Supervalu to sell some or all of its assets.

Following the deal, Supervalu will consist of its wholesale grocery business, the Save-A-Lot discount chain, and traditional grocery chains like Cub, Shop N' Save and Hornbacher's.

In a call with investors, outgoing CEO Wayne Sales said the deal brings Supervalu "a very strong balance sheet," and the ability to focus on investments in price reductions, fresh produce, and customer experience at its remaining chains. 

The new company is smaller, "with more bandwidth and leadership" to focus on its wholesale business, Save-A-Lot, and its traditional grocery stores, he said.

Sam Duncan, 61, will replace Wayne Sales as CEO. Duncan was CEO of Office Max from 2005 to 2011, and prior to that, was CEO of ShopKo, a Midwestern grocery chain. Five unidentified board members will resign as part of the deal, making room for Duncan, Albertsons CEO Robert Miller, and three new appointees. The size of the board will shrink from 10 to seven.

Concurrent with the announcement, Supervalu announced that it has secured access to a $900 million asset-based credit facility, and a $1.5 billion loan.

This deal ends a long and difficult year for one of the country's largest grocers.

Last April, Supervalu reported a loss of $1.04 billion for fiscal 2012, which included a $519 million operating loss and $509 million in interest expense. Sales also declined 3 percent, to $27.9 billion. In July, the company said it was exploring strategic alternatives, including a sale. Soon after, the company dismissed CEO Craig Herkert, with Chairman Wayne Sales stepping in to helm the troubled grocer.

Cerberus, an investor in the deal to acquire Albertsons in 2006 was long seen as the leading candidate. Last week, rumors that Supervalu was near a deal with Cerberus sent stock soaring nearly 15 percent.

In September, Supervalu said it would 60 underperforming stores, primarily from the Save-A-Lot and Albertsons chains. No Jewel locations were identified at the time. The announcement was particularly troubling to investment community because Save-A-Lot, a hard discount chain, has been Supervalu's primary growth vehicle.

Supervalu has long acknowledged that many of its stores are not price competitive. In 2012, it homed in on Jewel-Osco and the Chicago market. Supervalu surveyed customers and lowered prices throughout the store. When the company reported results for its second fiscal quarter in September, (Supervalu CEO Wayne) Sales said that Jewel had been "competitively priced throughout the store" for about six weeks.

Sales said that the initiative had resulted in "dramatic improvement" in how consumers "think about the quality of products we sell, how they feel about the service they get in various departments" and that the company was pleased with increased unit sales.

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Hall of Fame pitches a shutout: No players elected

Steroid-tainted stars Barry Bonds, Roger Clemens and Sammy Sosa have been denied entry to baseball's Hall of Fame with voters failing to elect any candidates for only the second time in four decades. (Jan. 9)

Sammy Sosa, Barry Bonds and Roger Clemens finally faced a jury Wednesday that would decide whether they are worthy of the Hall of Fame, and the verdict was a resounding no: For the first time since 1996, no players were selected for induction.

Sosa, the former Chicago Cubs slugger, received only 12.5 percent of the vote, which keeps him on the ballot for at least one more year. Players with fewer than five percent fall off the ballot. Clemens was named on 37.6 percent of ballots and Bonds on 36.2 percent.

A Sosa representative said her client's only comment was that "it was an honor to be nominated" and he would be doing no interviews Wednesday.

The inclusion of the Steroids Era players on this year’s ballot overshadowed those who were thought to have the best chance of being voted into baseball’s hallowed shrine in Cooperstown: former Chicago White Sox outfielder Tim Raines, the Houston Astros’ long-time duo of Craig Biggio and Jeff Bagwell and All-Star pitcher Jack Morris.

Biggio was the top vote-getter with 68.2 percent, followed by Morris at 67.7, Bagwell at 59.6, Mike Piazza at 57.8 and Raines at 52.2. Induction requires 75 percent of the vote.

Also in contention was former Cubs closer Lee Smith, who was on the ballot for the 11th time but received only 47.8 percent of the vote.

Hall of Fame president Jeff Idelson acknowledged the awkwardness of the result.

"Obviously, no one in Cooperstown was rooting for a shutout, but we have a great respect for the process," Idelson said.

This Hall of Fame eligible class had received more attention than most because of the inclusion of Bonds, who won seven MVP awards; Clemens, who won seven Cy Young awards; and Sosa, who won a National League MVP award after his famous 1998 home run duel with the Cardinals’ Mark McGwire.

In a statement, Players Association Executive Director Michael Weiner called the results of the balloting "unfortunate, if not sad."

"Those empowered to help the Baseball Hall of Fame and Museum document the history of the game failed to recognize the contributions of several Hall of Fame worthy players," Weiner's statement read. "To ignore the historic accomplishments of Barry Bonds and Roger Clemens, for example, is hard to justify. Moreover, to penalize players exonerated in legal proceedings -- and others never even implicated -- is simply unfair.

"The Hall of Fame is supposed to be for the best players to have ever played the game. Several such players  were denied access to the Hall today. Hopefully this will be rectified by future voting.”

McGwire, the only one of those who publicly has acknowledged using performance-enhancing drugs, has failed seven times in his Hall of Fame election bid. Former Cub Rafael Palmeiro, who tested positive for a drug, has failed three times and received only 8.8 percent of the votes Wednesday.

The so-called Steroids Era has caused division within the electorate, comprised of 10-year members of the Baseball Writers Association. They historically have been very stingy with their votes, especially considering it takes 75 percent to be included in the summer induction ceremonies.

Here were the vote totals:

Craig Biggio 388 (68.2%), Jack Morris 385 (67.7%), Jeff Bagwell 339 (59.6%), Mike Piazza 329 (57.8%), Tim Raines 297 (52.2%), Lee Smith 272 (47.8%), Curt Schilling 221 (38.8%), Roger Clemens 214 (37.6%), Barry Bonds 206 (36.2%), Edgar Martinez 204 (35.9%), Alan Trammell 191 (33.6%), Larry Walker 123 (21.6%), Fred McGriff 118 (20.7%), Dale Murphy 106 (18.6%), Mark McGwire 96 (16.9%), Don Mattingly 75 (13.2%), Sammy Sosa 71 (12.5%), Rafael Palmeiro 50 (8.8%), Bernie Williams 19 (3.3%), Kenny Lofton 18 (3.2%), Sandy Alomar Jr. 16 (2.8%), Julio Franco 6 (1.1%), David Wells 5 (0.9%), Steve Finley 4 (0.7%), Shawn Green 2 (0.4%), Aaron Sele 1 (0.2%), Jeff Cirillo 0, Royce Clayton 0, Jeff Conine 0, Roberto Hernandez 0, Ryan Klesko 0, Jose Mesa 0, Reggie Sanders 0, Mike Stanton 0, Todd Walker 0, Rondell White 0, Woody Williams 0.

 dvandyck@tribune.com

Twitter @davandyck

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Google drops key patent claims against Microsoft

WASHINGTON (Reuters) - Google unit Motorola Mobility has asked a trade panel to drop two key patents from an infringement complaint that it filed against Microsoft, according to a filing at the International Trade Commission.

The ITC has been considering accusations by Motorola Mobility, which has since been purchased by Google, that Microsoft infringed on its patented technology to make its popular Xbox.

Google filed a motion with the ITC on Tuesday, asking that two patents be withdrawn from the case. One patent remains, according to the filing.

The withdrawal was required under an agreement that Google made with the Federal Trade Commission last week settling a pair of long-running antitrust investigations.

The FTC, U.S. Department of Justice and U.S. Patent and Trademark Office assert that companies should not request sales bans when filing patent infringement lawsuits based on patents that are essential to a standard in most cases. Standard essential patents ensure that devices are interoperable.

Microsoft identified the two patents withdrawn from the ITC case as standard essential patents.

"We're pleased that Google has finally withdrawn these claims for exclusion orders (sales bans) against Microsoft, and hope that it will now withdraw similar claims pending in other jurisdictions," David Howard, Microsoft's deputy general counsel, said in an emailed statement.

Google did not immediately respond to requests for a comment.

Microsoft said that standard essential patents had been asserted in cases in Wisconsin and Washington district courts, both of which have been stayed. Sales bans, or injunctions, were requested in both cases, Microsoft said.

The ITC is a popular venue for patent lawsuits because it can bar the importation of infringing products and because it issues decisions relatively quickly.

The International Trade Commission case is No. 337-752.

(Reporting By Diane Bartz; Editing by Maureen Bavdek)

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