Judge rejects Apple injunction bid vs. Samsung

(Reuters) - A U.S. judge on Monday denied Apple Inc's request for a permanent injunction against Samsung Electronics' smartphones, depriving the iPhone maker of key leverage in the mobile patent wars.

Apple had been awarded $1.05 billion in damages in August after a U.S. jury found Samsung had copied critical features of the iPhone and iPad. The Samsung products run on the Android operating system, developed by Google.

Apple and Samsung are going toe-to-toe in a patents dispute that mirrors the struggle for industry supremacy between the two companies, which control more than half of worldwide smartphone sales.

For most of the year, Apple had been successful in its U.S. litigation campaign against Samsung. Apple convinced U.S. District Judge Lucy Koh in San Jose, California to impose two pretrial sales bans against Samsung -- one against the Galaxy Tab 10.1, and the other against the Galaxy Nexus phone.

Apple then sought to keep up the pressure after its sweeping jury win. It asked Koh to impose a permanent sales ban against 26 mostly older Samsung phones, though any injunction could potentially have been extended to Samsung's newer Galaxy products.

Yet the jury exonerated Samsung on the patent used to ban Galaxy Tab 10.1 sales, and Koh rescinded that injunction. Then, in October, a federal appeals court reversed Koh's ban against the Nexus phone.

In her order late on Monday, Koh cited that appellate ruling as binding legal precedent, ruling that Apple had not presented enough evidence that its patented features drove consumer demand for the entire iPhone.

"The phones at issue in this case contain a broad range of features, only a small fraction of which are covered by Apple's patents," Koh wrote.

"Though Apple does have some interest in retaining certain features as exclusive to Apple," she continued, "it does not follow that entire products must be forever banned from the market because they incorporate, among their myriad features, a few narrow protected functions."

An Apple spokeswoman declined to comment on Koh's ruling, and a Samsung representative could not immediately be reached.

In a separate order on Monday, Koh rejected a bid by Samsung for a new trial based on an allegation that the jury foreman was improperly biased in favor of Apple.

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

(Reporting by Dan Levine in Oakland, California; Editing by Ron Popeski)

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Boeheim wins 900th; No. 3 Syracuse 72, Detroit 68

SYRACUSE, N.Y. (AP) — Jim Boeheim called it just another number. The message board in the Carrier Dome didn't agree.

Moments after his third-ranked Syracuse Orange held off Detroit for a 72-68 victory Monday night in the Gotham Classic, making Boeheim just the third Division I men's coach to reach 900 wins, Hall of Famer Dave Bing, Duke coach Mike Krzyzewski and Louisville's Rick Pitino offered congratulations on the big screens inside the Teflon dome as the hometown faithful cheered.

Boeheim, 68 and in his 37th year at his alma mater, is 900-304 and joined an elite fraternity. Krzyzewski (936) and Bob Knight (902) are the only other men's Division I coaches to win that many games.

"To me, it's just a number," said Boeheim, whose first victory was against Harvard in 1976. "If I get 900, have I got to get more? That's why maybe it's just not that important to me because to me it's just a number, and the only number that matters is how this team does."

So far, it's done OK.

James Southerland had 22 points for Syracuse (10-0), which increased its home winning streak to 30 games, longest in the nation. Detroit (6-5), which lost 77-74 at St. John's in the second game of the season and 74-61 at Pitt earlier this month, had its four-game winning streak snapped.

Bing, Boeheim's college roommate, teammate and fellow Hall of Famer, and Roosevelt Bouie, a star on Boeheim's first team in 1976-77, were in the Carrier Dome crowd of 17,902.

Bing was standing tall in the locker room after the game.

"Nobody would have thought when we came here 50 years ago that either one of us would have had the kind of success we've had," said Bing, today the mayor of Detroit. "I'm so pleased and proud of him because he stuck with it. He's proven that he's one of the best coaches ever in college basketball, and he'll be No. 2 shortly."

After a victory that nearly was short-circuited, Boeheim was presented a jersey encased in glass with 900 emblazoned on it.

"I'm happy. I've stayed around long enough. I was a little nervous," Boeheim said at center court. "I'm proud to be here. To win this game is more pressure than I've felt in a long time. I wasn't thinking about losing until the end. That wouldn't have been a good thing to happen, but it very well could have."

Indeed.

Midway through the second half with Syracuse dominating, fans were given placards featuring cardboard cutouts of Boeheim's face with 900 wins printed on the back to wave in celebration. But when the public address announcer in the Carrier Dome invited fans to stick around for the postgame ceremony, the Titans roared back.

Juwan Howard Jr., who finished with 18 points, scored 14 over the last 6 minutes to key a 16-0 run, his two free throws pulling Detroit within 67-63 with 55.1 seconds left after the Titans had trailed by 20 with 6:09 to play.

"You know what, I didn't hear it, but the players probably heard because they sure came alive," Detroit coach Ray McCallum said. "This is a big stage. Guys sitting around the hotel watching television getting ready to play the No. 3 team in the country and they're talking about going for 900 wins, coach Boeheim. That's a lot for a young man to digest."

Michael Carter-Williams hit three of four free throws in the final seconds to secure the win.

"Michael made big-time free throws you've got to make. If he misses a couple, it's a new game. That was the difference," Boeheim said. "We have not been in that situation. Hopefully, we'll learn from that."

Carter-Williams finished with 10 assists and 12 points, his sixth straight double-double.

"It was great to be part of this," Carter-Williams said. "It's a part of history."

Doug Anderson scored 18 points and Nick Minnerath had 13 for Detroit. Ray McCallum Jr., the coach's son and Detroit's leading scorer at 19.4 points per game, finished with nine, while Jason Calliste had seven.

Southerland scored a career-high 35 points, matching a school record with nine 3-pointers, in a win at Arkansas in late November and, after an 0-for-10 slump over three games, found his range again Saturday night with three 3s in a win over Canisius. He finished 5 of 8 from behind the arc against the Titans.

One of the keys to breaking Syracuse's 2-3 zone is hitting the long ball, and Detroit struck out in the first half. The Titans were 0 for 10 and the lone 3 they did make — by McCallum with just over 6 minutes left — was negated by a shot-clock violation.

Detroit could only lament what might have been if a couple had gone in.

"We never gave up. That's a tribute to our team," Howard said. "We had the right attitude. We played a tough opponent. You usually don't want a moral victory, but we can take some positives from this game."

Syracuse plays again Saturday against Temple in Madison Square Garden, and the Orange faithful are likely to be out in numbers as they usually are when the team plays there.

Boeheim was effusive in praise of the support the team has received during his long tenure. Syracuse has had 71 crowds of over 30,000 since the Carrier Dome opened in 1980 and holds the NCAA on-campus record of 34,616, set nearly three years ago against Villanova.

"The support of fans cannot be overestimated," he said. "You have to have that kind of support in your building to bring recruits in, to help you play better. We've had a tremendous loyal fan base. That's why I always felt this was a great place to coach and why I never really thought about going anywhere else. The support from the fans is the No. 1 thing you have to have."

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“Silver Linings Playbook” sweeps Satellite Awards

LOS ANGELES (TheWrap.com) – “Silver Linings Playbook” was the big winner at Sunday night’s Satellite Awards, a show produced by and voted on by the International Press Academy and held at the Intercontinental Hotel in Beverly Hills.

The David O. Russell comedy, which has been overshadowed in the awards picture by more recent films like “Les Miserables” and “Zero Dark Thirty,” won five awards, including Best Motion Picture. Rusell won the award for directing, while stars Bradley Cooper and Jennifer Lawrence were named best actor and actress. The film also won for editing.

Supporting actor and actress awards went to Anne Hathaway for “Les Miserables” and Javier Bardem for “Skyfall.”

Mark Boal won the original-screenplay award for “Zero Dark Thirty,” while David Magee won the adapted-screenplay honor for “Life of Pi.”

Other winners: “Rise of the Guardians,” best animated film; “Chasing Ice,” best documentary; and a tie between “The Intouchables” and “Pieta” for best foreign film.

Proving that the IPA is a body of voters inclined toward sweeps, the television series “Homeland” and “The Big Bang Theory” each won three awards in the TV categories, picking up honors as best drama and comedy series, respectively, and also winning the actor and actress awards.

The awards:

FILM AWARDS

Motion picture: “Silver Linings Playbook”

Director: David O. Russell, “Silver Linings Playbook”

Actor: Bradley Cooper, “Silver Linings Playbook”

Actress: Jennifer Lawrence, “Silver Linings Playbook”

Supporting actor: Javier Bardem, “Skyfall”

Supporting actress: Anne Hathaway, “Les Miserables”

Original screenplay: Mark Boal, “Zero Dark Thirty”

Adapted screenplay: David Magee, “Life of Pi”

Motion picture, animated or mixed media: “Rise of the Guardians”

Motion picture, documentary: “Chasing Ice”

Motion picture, international: (tie) “The Intouchables,” “Pieta”

Cinematography: Claudio Miranda, “Life of Pi”

Editing: Jay Cassidy and Crispin Struthers, “Silver Linings Playbook”

Score: Alexandre Desplat, “Argo”

Song: “Suddenly” from “Les Miserables”

Sound (editing and mixing): Andy Nelson, John Warhurst, Lee Walpole, Simon Hayes, “Les Miserables”

Visual effects: Michael Lantieri, Kevin Baillie, Ryan Tudhope, Jim Gibbs, “Flight”

Art direction & production design: Rick Carter, Curt Beech, David Crank, Leslie McDonald, “Lincoln”

Costume design: Manon Rasmussen, “A Royal Affair”

TELEVISION AWARDS

Miniseries or movie made for television: “Hatfields & McCoys”

Actor in a miniseries/movie made for television: Benedict Cumberbatch, “Sherlock

Actress in a miniseries/movie made for television: Julianne Moore, “Game Change”

Supporting actor in a miniseries/TV movie: Neal McDonough, “Justified”

Supporting actress in a miniseries/TV movie: Maggie Smith, “Downton Abbey”

Drama series: “Homeland”

Genre series: “Walking Dead”

Actor in a drama: Damian Lewis, “Homeland”

Actress in a drama: Claire Danes, “Homeland”

Comedy or musical series: “The Big Bang Theory”

Actor in a comedy: Johnny Galecki, “The Big Bang Theory”

Actress in a comedy: Kaley Cuoco, “The Big Bang Theory”

SPECIAL ACHIEVEMENT AWARDS

Outstanding contribution to the entertainment industry: Terence Stamp

Nikola Tesla Award: Walter Murch

Auteur Award: Paul Williams

Honorary Satellite Award: Bruce Davison

Newcomer Award: Quvenzhane Wallis, “Beasts of the Southern Wild”

Humanitarian Award: Benh Zeitlin, “Beasts of the Southern Wild”

Motion picture ensemble: “Les Miserables”

Television ensemble: “Walking Dead”

Movies News Headlines – Yahoo! News

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Experts: No link between Asperger's, violence

NEW YORK (AP) — While an official has said that the 20-year-old gunman in the Connecticut school shooting had Asperger's syndrome, experts say there is no connection between the disorder and violence.

Asperger's is a mild form of autism often characterized by social awkwardness.

"There really is no clear association between Asperger's and violent behavior," said psychologist Elizabeth Laugeson, an assistant clinical professor at the University of California, Los Angeles.

Little is known about Adam Lanza, identified by police as the shooter in the Friday massacre at a Newtown, Conn., elementary school. He fatally shot his mother before going to the school and killing 20 young children, six adults and himself, authorities said.

A law enforcement official, speaking on condition of anonymity because the person was not authorized to discuss the unfolding investigation, said Lanza had been diagnosed with Asperger's.

High school classmates and others have described him as bright but painfully shy, anxious and a loner. Those kinds of symptoms are consistent with Asperger's, said psychologist Eric Butter of Nationwide Children's Hospital in Columbus, Ohio, who treats autism, including Asperger's, but has no knowledge of Lanza's case.

Research suggests people with autism do have a higher rate of aggressive behavior — outbursts, shoving or pushing or angry shouting — than the general population, he said.

"But we are not talking about the kind of planned and intentional type of violence we have seen at Newtown," he said in an email.

"These types of tragedies have occurred at the hands of individuals with many different types of personalities and psychological profiles," he added.

Autism is a developmental disorder that can range from mild to severe. Asperger's generally is thought of as a mild form. Both autism and Asperger's can be characterized by poor social skills, repetitive behavior or interests and problems communicating. Unlike classic autism, Asperger's does not typically involve delays in mental development or speech.

Experts say those with autism and related disorders are sometimes diagnosed with other mental health problems, such as depression, anxiety, bipolar disorder or obsessive-compulsive disorder.

"I think it's far more likely that what happened may have more to do with some other kind of mental health condition like depression or anxiety rather than Asperger's," Laugeson said.

She said those with Asperger's tend to focus on rules and be very law-abiding.

"There's something more to this," she said. "We just don't know what that is yet."

After much debate, the term Asperger's is being dropped from the diagnostic manual used by the nation's psychiatrists. In changes approved earlier this month, Asperger's will be incorporated under the umbrella term "autism spectrum disorder" for all the ranges of autism.

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AP Writer Matt Apuzzo contributed to this report.

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Online:

Asperger's information: http://1.usa.gov/3tGSp5

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'The Hobbit' tops box office with record $84.6M

NEW YORK (AP) — Peter Jackson's "The Hobbit" led the box office over the weekend with $84.6 million, a record-setting opening better than the three previous "Lord of the Rings" films.

The 3-D Middle Earth epic, the first of three planned films adapted from J.R.R. Tolkien's novel, was the biggest December opening ever, surpassing Will Smith's "I Am Legend," which opened with $77.2 million in 2007.

The top 20 movies at U.S. and Canadian theaters Friday through Sunday, followed by distribution studio, gross, number of theater locations, average receipts per location, total gross and number of weeks in release, as compiled Monday by Hollywood.com are:

1. "The Hobbit: an Unexpected Journey," Warner Bros., $84,617,303, 4,045 locations, $20,919 average, $84,617,303, one week.

2. "Rise of the Guardians," Paramount, $7,143,445, 3,387 locations, $2,109 average, $71,085,268, four weeks.

3. "Lincoln," Disney, $7,033,132, 2,285 locations, $3,078 average, $107,687,319, six weeks.

4. "Skyfall," Sony, $6,555,732, 2,924 locations, $2,242 average, $271,921,795, six weeks.

5. "Life of Pi," Fox, $5,413,066, 2,548 locations, $2,124 average, $69,572,472, four weeks.

6. "The Twilight Saga: Breaking Dawn, Part 2," Summit, $5,136,074, 3,042 locations, $1,688 average, $276,826,143, five weeks.

7. "Wreck-It Ralph," Disney, $3,216,043, 2,249 locations, $1,430 average, $168,721,592, seven weeks.

8. "Playing For Keeps," FilmDistrict, $3,146,443, 2,840 locations, $1,108 average, $10,737,535, two weeks.

9. "Red Dawn," FilmDistrict, $2,408,882, 2,250 locations, $1,071 average, $40,904,305, four weeks.

10. "Silver Linings Playbook," Weinstein Co., $2,109,274, 371 locations, $5,685 average, $16,979,323, five weeks.

11. "Flight," Paramount, $1,910,666, 1,823 locations, $1,048 average, $89,418,704, seven weeks.

12. "Argo," Warner Bros., $1,170,175, 667 locations, $1,754 average, $104,955,079, 10 weeks.

13. "Hitchcock," Fox Searchlight, $1,107,659, 561 locations, $1,974 average, $3,071,871, four weeks.

14. "Anna Karenina," Focus, $1,022,214, 409 locations, $2,499 average, $8,380,517, five weeks.

15. "Killing Them Softly," Weinstein Co., $1,008,127, 1,427 locations, $706 average, $14,140,432, three weeks.

16. "The Collection," LD Entertainment, $529,158, 621 locations, $852 average, $6,520,794, three weeks.

17. "Hyde Park On Hudson," Focus, $292,796, 36 locations, $8,133 average, $404,816, two weeks.

18. "Taken 2," Fox, $288,772, 339 locations, $852 average, $138,132,493, 11 weeks.

19. "Pitch Perfect," Universal, $245,680, 332 locations, $740 average, $63,869,423, 12 weeks.

20. "Talaash," Reliance Big Pictures, $168,828, 113 locations, $1,494 average, $2,706,375, three weeks.

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Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.

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McDonald's urging franchisees to open on Christmas

McDonald's Corp. is urging U.S. restaurant owners to take the unusual step of opening on Christmas Day to deliver the world's biggest hamburger chain with the gift of higher December sales, AdvertisingAge reported Monday.

The request -- which comes as McDonald's tangles with resurgent rivals such as Wendy's, Burger King and Yum Brands' Taco Bell chain -- would be a break from company tradition of closing on major holidays.

"Starting with Thanksgiving, ensure your restaurants are open throughout the holidays," Jim Johannesen, chief operations officer for McDonald's USA, wrote in a Nov. 8 memo to franchisees -- one of two obtained by AdvertisingAge.

"Our largest holiday opportunity as a system is Christmas Day. Last year, (company-operated) restaurants that opened on Christmas averaged $5,500 in sales," Johannesen said.

"The decision to open our restaurants on Christmas is in the hands of our owner/operators," McDonald's spokeswoman Heather Oldani told Reuters.

Don Thompson took over as chief executive at McDonald's in July and has the difficult task of growing sales from last year's strong results in a significantly more competitive environment.

McDonald's monthly global sales at established restaurants fell for the first time in nine years in October, but unexpectedly rebounded in November.

The November surprise was partly due to a 2.5 percent rise in sales at U.S. restaurants open at least 13 months.

"Our November results were driven, in part, by our Thanksgiving Day performance," Johannesen wrote in a Dec. 12 memo to franchisees.

Oldani said 1,200 more McDonald's restaurants were open on Thanksgiving this year versus last year -- not 6,000 more as AdvertisingAge reported.

Still, the company has a high hurdle when it comes to posting an increase in restaurant sales this month because its U.S. same-restaurant sales jumped 9.8 percent in December 2011.

"It's an act of desperation. The franchisees are not happy," said Richard Adams, a former McDonald's franchisee who now advises the chain's owner/operators.

The push to open on the holidays goes against McDonald's cultural history, said Adams. In his first published operations manual, McDonald's Corp. founder Ray Kroc said the company would close on Thanksgiving and Christmas to give employees time with their families, Adams said.

"We opened for breakfast on Thanksgiving the last couple years I was a franchisee. It was easy to get kids to work on Thanksgiving because they want to get away from their family, but not on Christmas," Adams said.

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President Obama: 'We will have to change' to keep our children safe

President Barack Obama is offering the Connecticut town grappling with the aftermath of a deadly school shooting "the love and prayers of a nation." (Dec. 16)

NEWTOWN, Conn.—

He spoke for a nation in sorrow, but the slaughter of all those little boys and girls turned the commander in chief into another parent in grief, searching for answers. Alone on a spare stage after the worst day of his tenure, President Barack Obama declared Sunday he will use “whatever power” he has to prevent shootings like the Connecticut school massacre.

“What choice do we have?” Obama said at an evening vigil in the shattered community of Newtown, Conn. “Are we really prepared to say that we're powerless in the face of such carnage, that the politics are too hard? Are we prepared to say that such violence visited on our children year after year after year is somehow the price of our freedom?”

For Obama, that was an unmistakable sign that he would at least attempt to take on the explosive issue of gun control. He made clear that the deaths compelled the nation to act, and that he was the leader of a nation that was failing to keep its children safe. He spoke of a broader effort, never outlining exactly what he would push for, but outraged by another shooting rampage.

“Surely we can do better than this,” he said. “We have an obligation to try.”

The massacre of 26 children and adults at Sandy Hook Elementary on Friday elicited horror around the world, soul-searching in the United States, fresh political debate and questions about the incomprehensible — what drove the 20-year-old suspect to kill his mother and then unleash gunfire on children.

A total of 6 adults and 20 boys and girls ages 6 and 7 were slaughtered.

Obama read the names of the adults near the top his remarks. He finished by reading the first names of the kids, slowly, in the most wrenching moment of the night.

Cries and sobs filled the room.

“That's when it really hit home,” said Jose Sabillon, who attended the interfaith memorial with his son, Nick, a fourth-grader who survived the shooting unharmed.

Said Obama of the girls and boys who died: “God has called them all home. For those of us who remain, let us find the strength to carry on and make our country worthy of their memory.”

Inside the room, children held stuffed teddy bears and dogs. The smallest kids sat on their parents' laps.

There were tears and hugs, but also smiles and squeezed arms. Mixed with disbelief was a sense of a community reacquainting itself all at once.

One man said it was less mournful, more familial. Some kids chatted easily with their friends. The adults embraced each other in support.

“We're halfway between grief and hope,” said Curt Brantl, whose daughter was in the library of the elementary school when the shootings occurred. She was not harmed.

The president first met privately with families of the victims and with the emergency personnel who responded to the shootings. The gathering happened at Newtown High School, the site of Sunday night's interfaith vigil, about a mile and a half from where the shootings took place.

Police and firefighters got hugs and standing ovations when they entered. So did Obama.

“We needed this,” said the Rev. Matt Crebbin, senior minister of the Newtown Congregational Church. “We needed to be together to show that we are together and united.”

Obama told Connecticut Gov. Dannel Malloy that Friday was the most difficult day of his presidency. The president has two daughters, Malia and Sasha, who are 14 and 11, respectively.

“Can we say that we're truly doing enough to give all the children of this country the chance they deserve to live out their lives in happiness and with purpose? I've been reflecting on this the last few days,” the president said, somber and steady in his voice. “And if we're honest with ourselves, the answer is no. We're not doing enough and we will have to change.”

He promised in the coming weeks to talk with law enforcement, mental health professionals, parents and educators on an effort to prevent mass shootings.

The shootings have restarted a debate in Washington about what politicians can to do help — gun control or otherwise. Obama has called for “meaningful action” to prevent killings.

Police say the gunman, Adam Lanza, was carrying an arsenal of ammunition big enough to kill just about every student in the school if given enough time. He shot himself in the head just as he heard police drawing near, authorities said.

A Connecticut official said the gunman's mother was found dead in her pajamas in bed, shot four times in the head with a.22-caliber rifle. The killer then went to the school with guns he took from his mother and began blasting his way through the building.

“There is no blame to be laid on us but there is a great burden and a great challenge that we emerge whole,” First Select Woman Patricia Llodra said. “It is a defining moment for our town, but it does not define us.”

Obama said his words of comfort would not be enough, but he brought them anyway, on behalf of parents everywhere now holding their children tighter.

“I can only hope that it helps for you to know,” he said, “that you are not alone in your grief.”

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Apple's iPhone 5 starts strong in China but shares pressured

(Reuters) - Apple Inc said it sold more than 2 million of its new iPhone 5 in China during the three days after its launch there on Friday, marking China's best-selling iPhone rollout ever.

But the highly anticipated release in China, Apple's second-biggest market, has not eased worries about stiffer competition in smartphones that are driving a slide in the share price of the world's most valuable technology company.

Apple shares fell 3.8 percent on Friday to $509.79 after the iPhone 5's China debut, while Citi Research downgraded Apple's stock late on Sunday to "neutral" from "buy" and lowered Apple's price target to $575 from $675, citing diminishing hype around the iPhone 5 and improving competition in smartphones.

Apple's latest iPhone made its global debut with a launch in the United States and 30 other countries in September, selling more than 5 million in its first three days on the market.

"Customer response to iPhone 5 in China has been incredible, setting a new record with the best first weekend sales ever in China," Apple Chief Executive Tim Cook said in a statement.

This is the first time Apple has announced China sales numbers for the iPhone.

Analysts say Apple's longer-term outlook in the China market, however, may hinge on expanding its partners in that country to include China Mobile Ltd, the country's top telecoms carrier.

(Reporting by Sakthi Prasad in BANGALORE and Melanie Lee in SHANGHAI; Editing by Edmund Klamann)

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49ers clinch playoff berth, 41-34 over Patriots

FOXBOROUGH, Mass. (AP) — Jim Harbaugh might have learned more about his San Francisco 49ers during 20 minutes of sleepwalking than at any other time in his two years as their coach.

His 49ers turned a nearly historic collapse into a stunning victory and a playoff berth. They withstood a 28-point comeback by the New England Patriots to win 41-34 on Sunday night in the rain.

"Our team has now hung in in a lot of big-time pressure games," Harbaugh said. "They've overcome adversity. They've shown they can do that."

Michael Crabtree took a short pass from Colin Kaepernick and sped around cornerback Kyle Arrington for a 38-yard touchdown with 6:25 to go, then David Akers made a 28-yard field goal to clinch it.

"We can win a shootout," Crabtree said. "Whatever it takes, that's our motto. ... We feel like we can do anything, sky's the limit."

The 49ers (10-3-1) own at least a wild-card spot and play at Seattle next week with a chance to win the NFC West. A loss would bring the division race down to the final weekend.

Kaepernick threw for four touchdowns, two to Crabtree, who had 107 yards receiving. The defense rattled Tom Brady at times, but also yielded 443 yards passing in a sloppy contest between two of the league's more precise teams.

AFC East champion New England (10-4), which had won seven in a row, trailed 31-3 in the third quarter and lost for the first time at home in December in 21 games. The Patriots also had won 21 in a row in the second half of the schedule before San Francisco somehow regrouped late in a game it seemingly had clinched long before.

"I used to live next to a train station in Chicago," Harbaugh said. "And it's like the more you hear the train, the less you hear it. I feel that way with our team in terms of pressure in big games. The more you feel it, the less you feel it."

San Francisco forced four turnovers, matching the number of giveaways New England had at home all season.

But then the Niners began collapsing, and back came Brady and the Patriots on a 6-yard TD run by Danny Woodhead and a 1-yard dive by Brady. A 5-yard pass to Aaron Hernandez and Woodhead's 1-yard run with 6:43 remaining tied it.

And just like that, San Francisco went in front again.

Rookie LaMichael James broke free for a 62-yard kickoff return. On the next snap — the third time the Niners would have a one-play TD drive — Crabtree took a pass on the left side, spun and headed into the end zone.

"We faced adversity," James said. "Nobody flinched."

New England turned over the ball on downs and Akers made his kick. Stephen Gostkowski added a 41-yarder for the Patriots with 38 seconds remaining, but they couldn't recover the onside kick.

San Francisco led 17-3 at the half. And they looked safe after Frank Gore picked up Kaepernick's third fumble and scored on a 9-yard run, followed by Crabtree's 27-yard score in a pinpoint pass from the second-year quarterback.

The defense set up both of San Francisco's TDs in the third.

Dashon Goldson returned Steven Ridley's fumble 66 yards to the New England 3 before Gore found the end zone. Defensive end Aldon Smith, known for his sacks, grabbed a pass out of Hernandez's hands for his first career interception. After he was tackled, Smith ran directly to the sideline and sat down on the 49ers' bench.

He was back up on his feet cheering the next play, when Crabtree broke free to make it 31-3.

"We just spotted them 28 points," Brady said. "We fought hard, but you can't play poorly against a good team and expect to win. We can't miss plays that we have opportunities with."

Still, no one can relax against the Patriots.

Unlike a week ago, when the Patriots routed Houston, they fell behind quickly in the rain and ran only 10 snaps on their opening three series. San Francisco's fearsome pass rush was sharp then, and Brady was hit on the arm twice while trying to pass.

Even worse, his long throw on their third possession for Wes Welker was picked off by Carlos Rogers, who then slalomed his way on the wet turf toward the New England end zone. Only Brady stood in his way at the 5, and Rogers fell trying to elude him.

It was a key stop because Delanie Walker fumbled two plays later.

Earlier, Kaepernick accounted for 60 yards through the air on the 49ers' first drive. Randy Moss showed the kind of elusiveness that made him a record-setter in New England from 2007 until he was traded early in the 2010 by getting behind the secondary for a 24-yard TD.

His short celebration as he faced the crowd drew loud hoots.

Brady preventing Rogers from scoring was about the only highlight for the Patriots in the opening quarter, but the 49ers weren't any more effective beyond their scoring drive and a 38-yard run by Goldson on a fake punt. The slopfest included Akers' being wide left on a 39-yard field goal.

All this from teams ranked 1-2 in fewest giveaways.

"We just didn't even give ourselves a chance," Brady said.

When the Patriots finally got their usually unstoppable offense going, they used 16 plays and converted a fourth down. But they stumbled inside the 10 when Brady was sacked by Ray McDonald. Gostkowski made a 32-yard field goal.

San Francisco answered quickly, helped by a 35-yard pass interference call on Aqib Talib. Walker slipped behind a zone defense for a 34-yard TD pass from Kaepernick, making it 14-3.

Akers made a 20-yard field goal as the half ended, finishing a 15-play, 76-yard drive. The three points were the Patriots' fewest in a half all season, and they were outgained 249-113.

Of course, that turned around in the second half.

Aside from the players' mistakes, the game also was slowed by officiating confusion that led to several lengthy conferences. One delay took about 10 minutes to decide whether 49ers punt returner Ted Ginn Jr., muffed a second-quarter kick.

NOTES: Welker now has 100 catches this season, the fifth time he has reached that number, an NFL record. ... New England has 506 points, the fourth time it has reached 500, also a league mark. ... San Francisco had allowed only 184 points going into the game, lowest in the league. ... Andy Lee averaged 54 yards net on five punts for the 49ers. ... Brady's 65 throws are a career high. ... Brandon Lloyd had 10 catches for 190 yards for New England.

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Switzerland sends Salvation Army to Eurovision gig

GENEVA (AP) — Switzerland is putting its faith in the Salvation Army to win the Eurovision Song Contest when it is staged in Malmo, Sweden, next year.

Television viewers chose one of the Christian missionary group‘s Swiss chapters, whose bass player is 94 years old, from among five national finalists late Saturday.

The Eurovision contest is a kitschy fixture on the European cultural calendar watched by more than 100 million people across the world.

Viewers and juries pick the winner from an eclectic mix of bubblegum pop and rock acts representing each European country.

Political songs are forbidden and Swiss media have speculated that the Salvation Army’s Christian aims might still fall afoul of the rules.

Switzerland hasn’t won the contest since Canadian singer Celine Dion represented the country in 1988.

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