Google boosts photo offerings to rival Facebook



SAN FRANCISCO (AP) Google is digging deeper into its technology toolkit to turn its social networking service into a more formidable threat to Facebook, sprucing up its photo features at a time when sharing snapshots online and on mobile gadgets is growing more popular.

Many of the 41 new features being added to Google Plus beginning Wednesday will draw upon the computing power, machine learning, algorithms, semantics analysis and other innovations that established Google's search engine as the most influential force on the Internet.

"All of these features collectively put more of 'the Google' into Google Plus," said Vic Gundotra, Google's senior vice president of engineering, in an interview. "This will give people a powerful reason to come to Google Plus."

But the most compelling new attraction may be a new photo-management tool that promises to test how much control people want to cede to computers. It will also further blur the lines between a real moment in time and augmented reality.

Google promises the feature will pick out the best shots from a wide assortment of photos. The automatic photo selection is done by calling upon Google's knowledge of the elements that make up a visually pleasing picture, coupled with facial recognition technology and a vast database that helps tie together the relationships of people appearing in a photo. Google says its computers will recognize the best photos featuring family members or close friends of a person who uploads a bunch of pictures to Plus.

"You have amazing images of the most precious image of your life," Gundotra told a software developers conference Wednesday as he discussed the additions to Google Plus. "But if we are honest with each other photos are very labor intensive."

If the photos don't look quite right, Google is promising to enhance them, taking over a job that typically requires people to buy and master special photo editing software such as Adobe System Inc.'s Photoshop, Apple's iPhoto or Google's Picasa. Computer-controlled editing tools will automatically remove red eyes, soften skin tones, sharpen colors and adjust contrast. Google offers something similar through an "I'm Feeling Lucky" button on Picasa.

In an effort to get more photos onto the Plus network, Google is offering to back up all pictures taken on a mobile device, as soon as they're snapped. To accommodate the increased volume, Google Plus will now provide each account holder with up to 15 gigabytes of storage for full-resolution photos.

Gundotra believes Plus' management tools will be compelling because they are designed to save people the time and trouble of choosing and editing photos. Google Plus users will be able to compare all original photos with the versions altered by computers. The auto-enhancement tool can also be turned off.

Another new photo feature promises to stitch together a sequence of photos taken of the same group of people or a panoramic scene. This stitching system can be used to create a single photo that pulls the best shots of everyone featured in a series of pictures. It will also produce an animated clip featuring the motions of people captured in a succession of photos taken against the same background.

By appealing to people's photo fondness, Google is hoping to make Plus a more useful and fun place to hang out than Facebook. But Google Plus still hasn't proven it can become as much of a magnet as Facebook, largely because people had already established their online social circles at Facebook.

Google Plus has built up a broad swath of accountholders since its introduction nearly two years ago, mainly because so many people already had set up Google logins while using the company's Gmail or other services. Gundotra announced Wednesday that Google Plus now has 190 million users who interact on the service each month, up from 135 million in late December. About 390 million people log in to Google Plus each month, but that includes a large number who have tied their Gmail accounts to the social networking service. Facebook says it has about 1.1 billion active users.

As such, Google has a long way to go. Facebook has claimed the title of being the world's largest photo-sharing site for years, and with last year's purchase of Instagram only propelled it further ahead. Instagram has 100 million monthly active users, up from 22 million when Facebook agreed to buy it last spring.

Rather than offer powerful editing tools or high-quality pictures, Facebook became the most popular way to share the photos online simply because it is the most popular place to hang out online. Today, users upload more than 350 million photos to Facebook each day.

Over the years, it enhanced the quality of the photos displayed, too, and has recently redesigned its site to make photos more pronounced. Instagram, meanwhile, offers an easy-to-use mobile app and playful filters users can apply to snapshots of friends, quirky buildings or plates of food.

Google Plus is getting a new look just two months after Facebook spruced up its news feed the centerpiece of its service to feature photos more prominently and generally make posts look more like articles in a magazine or newspaper. Unlike Facebook, Google says there are no current plans to show ads on the revamped Plus.

In another change aimed at attracting more traffic, Google Plus will start to display automatic hash tags to identify the main topic being discussed in a post or featured in a photo. Google is using its understanding of semantics and photo-scanning technology to figure out what is going on. Individuals will still have an option of editing or forbidding a hash tag from appearing if they don't agree with Google's automatic selection. Clicking on the hashtag will take Google Plus users to other posts and pictures bearing the same marker. Similar content being shared by family and friend is supposed to show up first, thanks to the same ranking system that Google's search engine uses to pick out the most relevant results.

Facebook doesn't currently use hash tags, though there have been reports that it is working on incorporating them to its site, just as Twitter and Instagram already do.

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AP Technology Writer Barbara Ortutay contributed to this report from New York.

CBS adding Robin Williams comedy



NEW YORK (AP) CBS on Wednesday revealed a few nips and tucks it is planning next season for what is already network television's most successful schedule, including adding a comedy with Robin Williams playing an unorthodox advertising executive with Sarah Michelle Gellar as his daughter.

It will move "Person of Interest" to Tuesdays, pairing it with "NCIS" and "NCIS: Los Angeles" to have television's three most-watched dramas on the same night and the same network.

Four comedies and one drama will debut on CBS this fall. CBS ordered only eight new series for the season, while rivals ABC, NBC and Fox are introducing a total of 41. CBS will end this season with the widest margin of victory in viewers of any network in 24 years and even win among the advertiser-desired demographic of 18- to 49-year-olds for the first time since the early 1990s, said Leslie Moonves, CBS Corp. CEO.

Moonves took notice of how Jimmy Kimmel called CBS executives smug during ABC's schedule presentation on Tuesday, the late-night comic even adding an unprintable noun. If true, Moonves said, "I guess that means we're winning."

The company's stock just exceeded $50 a share for the first time, said Moonves, who was given a $22 million signing bonus upon extending his contract last year.

The network's annual schedule announcement to advertisers was less of a sales presentation than a celebration. The cast of "NCIS" and "The Big Bang Theory" stood on stage to accept applause for their top-ranked status.

Even David Letterman, who usually avoids these events, appeared at what he called CBS' "little pledge drive." He hugged Moonves, a man he's often mocked on his late-night show, and said the executive was "the man who saved network television."

Dealing with such riches, CBS rejected pilots of a "NCIS: Los Angeles" spinoff and a TV remake of "Beverly Hills Cop" backed by Eddie Murphy. Melissa McCarthy's popular comedy "Mike & Molly" was left off the schedule and stuck in the bullpen, ready to return to plug any holes. CBS ordered 22 episodes of the sitcom.

Williams' comedy is called "The Crazy Ones," a reference to his comic style, and is getting a prime Thursday-night time slot after "The Big Bang Theory," television's most popular comedy. Among its producers is David E. Kelley.

"We think this is going to be the most talked-about show this fall," said Nina Tassler, CBS' entertainment president.

Chuck Lorre, TV's premiere comedy producer, is behind "Mom," a new Monday-night sitcom starring Anna Faris as a newly sober single mom with Allison Janney as her estranged mother. "We Are Men" is about four love-challenged single men living in the same apartment complex, with Tony Shalhoub as one of the stars.

CBS' other new comedy is "The Millers," with Will Arnett playing a recently divorced man whose plans to enjoy the single life are disrupted when his parents move in.

CBS is also trying something new in drama by ordering two limited-run series for its Monday-night schedule. "Hostages," produced by Jerry Bruckheimer, stars Toni Collette as a surgeon who is taken hostage the night before she is to operate on the president. After a 15-episode run, it will be replaced by "Intelligence," about an agent whose smarts are enhanced by a microchip implanted in his brain.

The network is canceling "CSI: N.Y.," ''Vegas," ''Golden Boy" and "Rules of Engagement."

The drama "Hawaii Five-0" will shift from Monday to Friday nights on the schedule. CBS usually runs drama reruns on Saturday, but next year will also air two comedies that night.

Midseason shows include:

"Reckless," a legal drama set in Charleston, S.C., where a Yankee litigator and Southern lawyer have the hots for each other despite being on opposite sides of a long-running case.

"Friends With Better Lives," a romantic comedy. Like its title suggests, it focuses on six friends at different stages of their romantic lives, all wondering if their pals have it better.

DiCaprio, Spielberg open a stormy Cannes



CANNES, France (AP) The Cannes Film Festival got off to a blockbuster, if stormy start, as Baz Luhrmann's "The Great Gatsby" opened on a soggy French Riviera.

Amid heavy rain, dancing flappers flocked down the Cannes red carpet Wednesday night, bringing a touch of the Jazz Age to the Croisette. "Gatsby" stars Leonardo DiCaprio, Carey Mulligan and Tobey Maguire helped give the festival's opening day a strong dose of star power.

At the opening ceremony, DiCaprio, joined by his "Gatsby" co-star, Bollywood actor Amitabh Bachchan, declared the 66th Cannes officially begun.

Over the next 12 days, dozens of the world's most artistically ambitious films will premiere on Cannes' global stage. But Wednesday was a day for blockbusters both the big-budget "Gatsby" and Hollywood's most accomplished director of spectacle: Steven Spielberg.

Spielberg is serving as jury president at this year's Cannes. His presence here is a rarity (he's had films at Cannes before, including "E.T." and "Sugarland Express," but never had a movie in competition), and he was received like a visiting head of state, a king of cinema.

The "Lincoln" director received a standing ovation at the opening ceremony and was serenaded with a performance of "Miss Celie's Blues" from his 1985 film, "The Color Purple."

He heads the jury that will decide the prestigious Palme d'Or, given to one of the 20 competing films, with entries ranging from the Coen brothers ("Llewyn Davis"), Alexander Payne ("Nebraska") and Steven Soderbergh ("Behind the Candelabra").

This year's jury is an intimidating, starry bunch, including Nicole Kidman, Ang Lee and Christoph Waltz.

"Everyone sits in judgment of us," Spielberg said. "So it's our turn."

Luhrmann's 3-D adaption of F. Scott Fitzgerald's novel, starring Leonardo DiCaprio, is this year's festival opener, a choice that surprised many since the film opened last week in North America. Cannes typically takes precedence over release schedules, but "Gatsby" sails to the Croisette after a robust weekend haul of $51.1 million.

After Luhrmann noted in a news conference that the film had pushed Fitzgerald's novel to the top of the bestseller list (selling more copies in a week than in the author's lifetime), DiCaprio added with a grin: "And a little film adaptation is doing quite well at the box office."

But while "Gatsby" is getting a victory lap on the Cannes' red carpet, it comes to the festival with the sting of mixed reviews. Many film critics have taken issue with the movie's stylistic flourishes.

"I knew that would come," said Luhrmann, noting Fitzgerald's 1925 novel was also initially received poorly. "I just care that people are going out and seeing it. I really am so moved by that."

"Gatsby" plays out of competition at the festival, but Spielberg should have his hands full with a slate lacking any obvious favorite. Internationally-respected filmmakers like Roman Polanski ("Venus in Fur"), Asghar Farhadi ("The Past) and Jim Jarmusch ("Only Lovers Left Alive") are to premiere their films in competition.

Every year, the Cannes jury president is psychoanalyzed to help predict the Palme d'Or winner. This year is no different, with onlookers guessing that Spielberg will either gravitate toward the kind of warm-hearted films he's best known for, or seek to deliberately contradict that assumption with a more audacious choice.

The international jury also includes Romanian director Cristian Mungiu, Scottish filmmaker Lynne Ramsay, Japanese director Naomi Kawase, French actor Daniel Auteuil and Bollywood star Vidya Balan.

"I'm going to have to look at the Sidney Lumet film '12 Angry Men,' again as a tutorial to prepare myself for the final day of deliberation," Spielberg said with a smile.

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Associated Press Writer Jill Lawless contributed to this story.

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Follow AP Entertainment Writer Jake Coyle on Twitter at: http://twitter.com/jake_coyle

TSX up on energy and industrials; BlackBerry falls



By Cameron French

TORONTO (Reuters) - Toronto's main stock index rose on Tuesday, as energy and industrial stocks rose in tandem with gains in U.S. stocks, more than offsetting pullbacks in key stocks such as BlackBerry and Bombardier Inc .

Energy stocks, which suffered steep losses in April, rose 0.67 percent despite a retreat in the price of oil, helped by the continued momentum in U.S. stock indexes.

Husky Energy gained 2.2 percent to C$30.60, while sector heavy weight Suncor Energy rose 1.2 percent to C$32.42.

The smaller industrials subgroup charged ahead 1.83 percent, led by airlines and railroads. Westjet Airlines Ltd surged 4.9 percent to C$21.77, while Canadian Pacific Railway jumped 4.4 percent to C$136.91.

The Toronto Stock Exchange's S&P/TSX composite index rose 47.50 points, or 0.38 percent, to 12,577.05. Seven of the index's 10 main subgroups rose during the session.

U.S. stocks extended gains, and the S&P 500 and Dow Jones Industrial touched new intraday highs .

The TSX has underperformed U.S. stock over the past year due in part to the Canadian index's much higher weighting of commodities. But since mid April, the TSX has followed the U.S. indexes higher.

"I think that there could be a help from the U.S. ... but I think it's also maybe a little bit of a 'enough's enough' in some of these stocks," said John Kinsey, a portfolio manager at Caldwell Securities.

The information technology group sank 0.63 percent, weighed down by BlackBerry. The smartphone maker dropped 3.1 percent to C$15.55 as the company unveiled a new mid-tier smartphone.

Bombardier slid 1.7 percent to C$4.55, falling hard for a second straight day, though the stock had risen 15 percent last week on optimism about the company's new CSeries jetliner.

Rona Inc , Canada's top home improvement retailer and distributor, dropped 4.8 percent to C$10.12 after posting a deeper quarterly loss as it grappled with restructuring charges and difficult market conditions.

(Reporting by Cameron French; Editing by Leslie Adler)

DiCaprio's wildlife charity auction brings in $38.8 million



By Patricia Reaney

NEW YORK (Reuters) - Actor Leonardo DiCaprio and Christie's auction house raised $38.8 million through a charity art auction and donations, Christie's said on Tuesday, with proceeds to benefit environmental and conservation causes.

The 33 works in The 11th Hour Auction organized by the star of the new film "The Great Gatsby" sold for $31.74 million on Monday evening and set 13 records for artists including Carol Bove, Joe Bradley, Mark Grotjahn, Raymond Pettibon and Mark Ryden among others.

A $5 million matching donation for three of the lots and additional gifts from donors brought the overall total to $38.8 million for The Leonardo DiCaprio Foundation, according to Christie's.

"All I can say is thank you, thank you, thank you," DiCaprio told the audience at the end of the auction.

Many of the works, which were created for and donated to the auction by the artists, sold in spirited bidding in a packed auction house. Art collectors from around the globe also placed bids by telephone.

"Christie's is thrilled with the exceptional results of the sale, which realized $38.8 million," said Loic Gouzer, international specialist at Christie's and the head of the sale.

"The works of art were of incredible quality and range, and highlight the generosity of the many artists who donated," he added.

A panel of environmental experts and the Leonardo DiCaprio Foundation will decide which conservation projects will benefit from the proceeds of the sale.

At the opening of the auction, DiCaprio, who has supported environmental issues through his foundation since 1988 and also produced and narrated the 2007 documentary "The 11th Hour" about the state of the environment, urged the audience to dig deep into their pockets.

"Bid as if the fate of the planet depended on us," he said.

And they did. All of the 33 works were sold and many fetched prices that were three or four times their pre-sale estimates.

The top lot of the sale was an oil on cardboard mounted on canvas by Mark Grotjahn called "Untitled (Standard Lotus No. II, Bird of Paradise, Tiger Mouth Face 44.01)," which sold for $6.2 million as two determined bidders pushed up the price.

Zeng Fanzhi's "The Tiger," an oil on canvas, fetched nearly double its high estimate with a price of $4.8 million, and Bharti Kher's sculpture "The Skin Speaks a Language Not Its Own" went for $1.7 million.

Each of the three works had a pre-sale estimate of $1.5 million to $2.5 million.

DiCaprio donated "Ocean V" by Andreas Gursky, which sold for $600,000, and he bought an acrylic on canvas by Takashi Murakami for $700,000.

A portrait of DiCaprio painted by Elizabeth Peyton sold for $1 million.

Gouzer and DiCaprio had approached the artists and explained what they had hoped to accomplish with the auction, which they have been planning for a year.

"We explained that we wanted great works and they were very reactive because of the cause. The artists are very sensitive to the fact that we are destroying our planet," Gouzer said in an interview ahead of the sale.

(Reporting by Patricia Reaney; Editing by Vicki Allen)

Nicole Richie gets candid in new AOL web series



NEW YORK (AP) As the Twitterverse expands with millions of users, it can be hard to have a unique voice. Nicole Richie doesn't have that problem.

Some examples:

"'It's 8:30am & I've already gotten into 5 fights' - thugs, and parents of toddlers."

"This therapist is going to be GREAT for me once I stop lying to him."

"I'm gonna dress up as an iPhone so my husband pays attention to me."

Tweets like that earned her not only millions of followers but the attention of production company Telepictures, which was already aware of Richie's popularity and wanted to work with her.

"As soon as we began pursuing her we also began following her on Twitter," recalls Sheila Bouttier, Sr. Vice President of Development of Telepictures. "We were struck by how funny and candid she was and wanted to really showcase that side of her personality, which we haven't seen in a long time."

They teamed up with AOL to create the web series (hash)CandidlyNicole. Each video is about five minutes and a new one is posted every Tuesday morning.

The first webisode, where 31-year-old Richie consults with a doctor about having her "tramp stamp" (or tattoo on her lower back) removed, earned 1 million views in just its first week. (Try not to at least smirk as she keeps referring to the doctor as "Dr. Tatt-off.")

In a recent phone interview, Richie said she's "thrilled" by the response but still has a hard time grasping that she's funny.

"My husband (musician Joel Madden) doesn't think I'm funny at all," she said. "He has not laughed at a joke of mine since 2006. I don't necessarily always just mean to be funny. I just kind of say whatever's on my mind but I do know that I have a very specific way of looking at my life."

Of course, Richie is no stranger to television. She first appeared alongside Paris Hilton on "The Simple Life," where they were filmed working in fish-out-of-water situations as interns or camp counselors. Richie also just wrapped a second season as a mentor on the competition show "Fashion Star" on NBC.

But Richie appreciates the format of the webisode.

"We are living in a world where everything needs to be a little bit shorter to keep people's attention," she said. "Especially the younger audience, which is why I think Twitter is so great."

She gets together once a week to film with a small camera crew. They go over ideas of what to shoot, but each video really is born from a Tweet she has posted. When the video gets posted she says she looks to her little sister for reassurance.

"I have a very hard time watching myself, which is another reason why I'm glad it's only five minutes. I let my sister watch them first. She's 14 (years-old) and the harshest critic so I kind of wait in the other room and see if her and her friends laugh."

Bouttier says even though viewers could see Richie on TV each week on "Fashion Star," it was just a glimpse of who she is and "her fans have been dying to hear from her for a long time."

Now that (hash)CandidlyNicole is a hit online, the next question is, could it be reformatted for television?

Both Telepictures and Richie say they're game. Bouttier says they've already received calls from various networks.

"No matter what, this will be a developmental tool for me to build my brand so whether it's TV or whatever, I think doing it in a digital space is a nice way to experiment," added Richie.

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Online:

http://on.aol.com/show/517742769/episode/517775397

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Alicia Rancilio covers entertainment for The Associated Press. Follow her online at http://www.twitter.com/aliciar

RIM unveils cheaper BlackBerry



ORLANDO, Fla. (AP) Research In Motion unveiled a lower-cost BlackBerry aimed at consumers in emerging markets on Tuesday, stepping up its efforts to regain market share lost to Apple's iPhone and Android devices powered by Google's software.

The lower-cost gadget, called the Q5, is the company's third smartphone to run the new BlackBerry 10 system. It will have a physical keyboard, something that sets RIM's devices apart from Apple's iPhone and most Android phones.

RIM CEO Thorsten Heins said the "slim, sleek" device will be available in red, black, white and pink. He announced the phone to a packed ballroom to open RIM's annual three-day conference in Orlando, Florida.

The device will be available in Europe, the Middle East, Africa, Asia (including the Asia Pacific region), and Latin America beginning in July. The Q5 isn't expected to be released in North America for now. The company did not disclose prices for the new phone.

RIM's higher-tier Q10 has been released in most markets, but delays have meant that U.S. carriers aren't likely to have it until June. The U.S. delays complicate RIM's effort to hang on to customers tempted by Apple's iPhone and a range of Android smartphones. Even as the BlackBerry has fallen behind rivals in recent years, many users have remained loyal because they prefer a physical keyboard over the touch screen found on other devices.

The Q5 differs only slightly from the Q10. Both have 2GB of RAM, though the Q5 has only 8GB of flash memory compared to 16 for the Q10. Both have 2 megapixel front-facing cameras, but the Q5's rear-facing camera is only 5 megapixels, compared to the Q10 which has 8 megapixels and also records high-definition video.

Also, the Q5 has a 3.1-inch LCD display, while the Q10 is 3.1 inches and LED.

RIM unveiled new BlackBerrys this year after delays allowed Apple and others to continue their global advance.

RIM's iconic BlackBerry device, introduced in 1999, was the dominant smartphone for on-the-go business people and consumers for nearly a decade. But rivals came out with a new generation of phones that could do more than just email and messaging, starting with the iPhone in 2007 and followed by devices running Google's Android system. Suddenly, the BlackBerry looked ancient.

According to research firm IDC, shipments of BlackBerry phones plummeted from 46 percent of the U.S. market in 2008 to 2 percent in 2012.

Though RIM continues to do well in many overseas markets, the company faced numerous delays modernizing its operating system in an effort to compete with the iPhone and smartphones running Google's Android operating system.

Heins, who became RIM's CEO in January 2012, said the company has made a lot of progress in a short period of time.

He restated BlackBerry's committed to "mobile first" and took a subtle jab at industry predictions that he might not make it to this year's conference as CEO because of the competitive mobile landscape.

"I'm happy to say they were wrong," Heins said. "We are not only still here. We are firing on all cylinders as a company."

RIM's stock fell 63 cents, or 3.8 percent, to $15.25 in afternoon trading Tuesday.

RIM also said it will offer its once-popular BlackBerry Messenger service on iPhones and devices running Google's Android software.

Heins said iPhone and Android versions of the BlackBerry Messenger app will be available for free, subject to approval by Google Play and the Apple App Store.

"It's time to bring BBM to a greater audience," Heins said. "I cannot wait for the day when all of our BlackBerry fans can send BBM invites to all their friends on other platforms. They have asked us for this for years."

The BBM service was once a reason for BlackBerry users not to defect to other smartphones. Now, there are many rival messaging services. Still, there are more than 60 million BBM users worldwide.

BBM works like text messaging but doesn't incur extra fees.

Colin Gillis, an analyst at BGC Partners, said offering BBM on rival platforms is a good move because closed ecosystems don't work anymore. He said the company was forced to do it but said it might be too late.

"BBM is a communication network and it's only as powerful as people who are on it," Gillis said.

Heins said RIM is "definitely in the race" and that he is excited about the company's outlook, predicting the most successful year for BlackBerry.

"What I can say is that 12 months ago I was told we would be out of business in two quarters, and that we could burn through our cash within two quarters. It didn't happen. We are confident in the future of BlackBerry 10."

Asked about a move away from tablet technology, Heins said that the future is in mobile and that BlackBerry's new initiatives are to target a consumer it thinks will rely on one mobile device for all communications within seven years.

RIM's tablet, the Playbook, has not sold well.

"You will always have people that are in a very limited view (asking questions) like 'when are you going to take on Apple?'" Heins said. "That's not the way I'm thinking about this."

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Gillies reported from Toronto.

Follow Kyle Hightower on Twitter at http://www.twitter.com/khightower

Nintendo wins appeals court decision over Wii



By Jonathan Stempel

(Reuters) - Nintendo Co, one of the world's largest makers of video game players, won a U.S. appeals court decision in a patent case that will allow it to keep importing its popular Wii system into the United States.

Monday's decision by the U.S. Federal Circuit Court of Appeals in Washington, D.C. affirmed a January 2012 ruling by the U.S. International Trade Commission, which handles many technology patent disputes.

The decision against Motiva LLC, which sued Nintendo in 2008, could make it harder for U.S. companies to halt imports of products that allegedly infringe patents on grounds they want to establish a "domestic industry" for similar products.

In January, in a patent dispute between InterDigital inc and Nokia Oyj over wireless phones, the Federal Circuit said companies could seek such relief when they sought to license products incorporating their patents, even if such products were not being made.

Motiva, which is based in Dublin, Ohio, had claimed that Wii infringed two patents for a system to track a game user's position and body movement.

A three-judge Federal Circuit panel agreed with the ITC that the main impetus behind Motiva's litigation against Kyoto, Japan-based Nintendo was to win damages or a settlement, not to license or make products incorporating Motiva's patents.

This panel said Motiva's litigation did not amount to the "significant" or "substantial" investment toward commercializing patented technology that was required under a patent protection law, known as the Tariff Act, that sets limits on imports.

"Motiva's litigation was targeted at financial gains, not at encouraging adoption of Motiva's patented technology," Circuit Judge Sharon Prost wrote. "There is simply no reasonable likelihood that, after successful litigation against Nintendo, Motiva's patented technology would have been licensed by partners who would have incorporated it."

The ITC had also concluded that Nintendo did not infringe the Motiva patents.

Christopher Banys, a lawyer for Motiva, called Monday's decision "unfortunate" but said the case will continue.

"We are confident that Motiva will be vindicated when its case is tried in district court," he said.

Richard Medway, deputy general counsel of Nintendo of America, in a statement said the company is pleased with the Federal Circuit decision.

Wii's major competitors include Sony Corp's PlayStation and Microsoft Corp's Xbox.

The case is Motiva LLC v. International Trade Commission, U.S. Federal Circuit Court of Appeals, No. 12-1252.

(Reporting by Jonathan Stempel in New York; editing by Andrew Hay and Nick Zieminski)

Univision pairs with Rodriguez on El Rey network



NEW YORK (AP) Univision Communications said Tuesday that it is pairing with filmmaker Robert Rodriguez on the English-language El Rey television network that is geared to young viewers and scheduled to debut this December.

Rodriguez is a filmmaker whose projects include "From Dusk Till Dawn." The first scripted series for El Rey will be an expansion of that movie, with the extra time allowing him to expand the story and explore richer Aztec mythology, he said.

The company that runs Univision, the most-popular Spanish-language network in the country, said Tuesday it has invested in El Rey. Terms were not disclosed. It is set to begin in December with a national distribution agreement with Comcast, the nation's largest cable company.

The network is expected to have a mix of reality, scripted, music and sports programming, along with movies.

"El Rey Network will serve as a launching pad to satisfy the tastes of young adults looking for exciting, cinematic, action-packed content," Rodriguez said.

Univision has expanded over the past two years, creating several new networks. One partnership with ABC is called Fusion, an English-language news network geared toward a Latino audience.

The Univision network said it will premiere two new telenovelas during the next season. "La Tempestad" will star William Levy and Ximena Navarrete, a former Miss Universe. "Mentir para Vivir" will star David Zepeda and Mayrin Vilanueva.

Randy Falco, president and CEO of Univision Communications Inc., told advertisers Tuesday that the company is at the intersection of two big growth opportunities: the Latino market and digital.

Angelina Jolie's double mastectomy: Q&A



Oscar-winning actress Angelina Jolie announced on Tuesday that she had a preventive mastectomy after learning she had a gene that significantly raised her risk of breast cancer. Here's a crash course in the procedure Jolie had and why.

Q: What kind of surgery did Jolie have?

A: Jolie had a preventive double mastectomy, meaning she chose to have both her breasts removed even though she had not been diagnosed with cancer.

Q: Why did she have the mastectomies?

A: Jolie says that she has a "faulty" version of the BRCA1 gene that means she had an 87 percent chance of getting breast cancer. By having both breasts removed preventively, she said her breast cancer risk drops to below 5 percent.

Q: What did the procedure involve?

A: In double mastectomies, surgeons typically remove as much breast tissue as possible. In Jolie's case, because she was having a reconstruction done shortly afterward, the doctors preserved the skin covering her breasts, inserting "fillers" where the breast tissue would have been, to keep the skin elastic. According to Jolie, she had implants put in nine weeks later.

Q: How many women have this faulty gene?

A: Only a small percentage of women have this same faulty gene, or a similar mutated version of a related gene, BRCA2. These mutations are most commonly found in women of Eastern European Jewish descent; one study found 2.3 percent of women in that group had the mutations about five times higher than in the general population. Other ethnic groups, including the Norwegian, Dutch and Icelandic people, also have slightly higher rates of these mutations.

Q: How do these genes increase a woman's risk of breast cancer?

A: The average woman has a 12 percent risk of developing breast cancer sometime during her life. In comparison, women who have inherited a faulty version of a breast cancer gene are about five times more likely to get breast cancer. In the U.S., about 5 to 10 percent of breast cancers are thought to be linked to harmful versions of the BRCA1 and BRCA2 genes.

Q: How can women find out if they have these gene mutations?

A: A genetic test using a blood test can usually detect these genes. In the U.S., there are no standard guidelines recommending women for BRCA1 or BRCA2 genetic testing. The test can cost several thousand dollars but may often be covered by insurance companies if women have risk factors that justify it. Women may be at higher risk for having a harmful mutation if they have close family members diagnosed with breast or ovarian cancer at an early age. Jolie says that her mother fought cancer for nearly a decade before dying at age 56.

Q: What other options might Jolie have had?

A: Doctors would likely have suggested earlier screening tests, including mammograms or MRIs, but those would only help them spot breast cancer earlier, not prevent it. They might also consider using breast cancer drugs preventively, though trials into their long-term use are still ongoing. "This is not a decision that people take lightly," said Dr. Emma Pennery, clinical director at the British charity, Breast Cancer Care. "You cannot decide to have a double mastectomy next week."

Q: How relevant is Jolie's decision to other women?

A: For most women, genetics will not play a big part in whether or not they get breast cancer. "The majority of women considering their breast cancer risk should focus on things like a healthy lifestyle, eating a balanced diet, keeping a healthy weight and not drinking too much alcohol," said Dr. Peter Johnson, chief clinician at Cancer Research U.K. About one third of breast cancer cases in Britain are largely tied to modifiable lifestyle risk factors.

But for women with a similar genetic risk to Jolie, it's possible her decision to go public about her double mastectomies will prompt more procedures. "It's a very empowering message that women are not helpless when faced with a genetic cancer risk," Johnson said.