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High Court Sides with Samsung in Patent Dispute with Apple

A man passes by the Samsung Electronics Co. logos at its headquarters in 2013 in Seoul, South Korea. Photo: Ahn Young-joon / Associated Press

WASHINGTON — The Supreme Court unanimously sided with smartphone maker Samsung on Tuesday in its high-profile patent dispute with Apple over design of the iPhone.

The justices said Samsung may not be required to pay all the profits it earned from 11 phone models because the features it copied from the iPhone were only a part of Samsung’s devices.

Cupertino, California-based Apple had won a USD $399 million judgment against South Korea-based Samsung for infringing parts of the iPhone’s patented design, but the case now returns to a lower court to decide what Samsung must pay.

The case is part of a series of disputes between the technology rivals that began in 2011. Apple accused Samsung of duplicating a handful of distinctive iPhone features for which Apple holds patents: the flat screen, the rounded rectangular shape of the phone and the layout of icons on the screen.

At issue was how much Samsung is required to compensate Apple under an 1887 law that requires patent infringers to pay “total profit.” Apple said that means all the profits from the phone sales, while Samsung argued it was limited to profits related to the specific components that were copied.

Justice Sonia Sotomayor wrote for the court that the law does not require damages to be based on the entire product, but can be limited to only a component of the product. The decision overturned a ruling from a federal appeals court in Washington, which said that Apple was entitled to all the profits.

But the high court declined to lay out a specific test for how such damage awards should be calculated. Sotomayor said doing so was not necessary and the justices left it up to lower courts to resolve.

Samsung had argued that the hefty award ignored the fact that its phones contain more than 200,000 other patents that Apple does not own. Apple said the verdict was fair because the iPhone’s success was directly tied to its distinctive look.

Samsung already has handed the USD $399 million over to Apple, but was hoping to get some of that money back with a favorable Supreme Court ruling. None of the early-generation Samsung phones involved in the lawsuit remains on the market.

In a statement, Apple said the company is optimistic that lower courts “will again send a powerful signal that stealing isn’t right.”

“Our case has always been about Samsung’s blatant copying of our ideas, and that was never in dispute,” the company said. “We will continue to protect the years of hard work that has made iPhone the world’s most innovative and beloved product.”

Samsung in a statement called the ruling a victory “for all those who promote creativity, innovation and fair competition in the marketplace.”

The patent battle between the technology titans was being closely watched by other industry giants. Companies including Google, Facebook and eBay sided with Samsung, arguing that the verdict was an excessive windfall for copying a few features of the iPhone.

On the other side, sportswear manufacturer Adidas and jewelry maker Tiffany & Co. said allowing Apple to recover all the profits Samsung earned would discourage “design pirates” and protect companies that invest in creative designs.

“This removes a threat for technology companies,” said Janelle Waack, a Washington, D.C., lawyer specializing in patent law. “The products that incorporate technology are not automatically going to get stung with a patent infringement suit that’s going to cost them all of the profits from their product.”

Story: Sam Hananel

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Indonesia Takes New Step to Combat Loss of Forests, Fires

A fireman sprays water to extinguish forest fire at a peatland field in 2015 in Ogan Ilir, South Sumatra, Indonesia. Photo: Tatan Syuflana / Associated Press

JAKARTA — Indonesia has strengthened its moratorium on converting peat swamps to plantations in a move a conservation research group says will help prevent annual fires and substantially cut the country’s carbon emissions if properly implemented.

President Joko “Jokowi” Widodo’s amendment to the moratorium regulation, which was issued on Monday, expands it to cover peatlands of any depth and orders companies to restore areas they’ve degraded.

Indonesia’s move was welcomed by Norway, which in 2010 pledged $1 billion to help the country stop cutting down its prized tropical forests but has released little of it. As a result of the expanded regulation, Norway said it would give $25 million to Indonesia to fund restoration of drained peatlands and another $25 million once an enforcement and monitoring plan is ready.

Draining of peat swamps by palm oil and pulp wood companies is a big contributor to destruction of tropical forests in Indonesia and the country’s greenhouse gas emissions. The land conversion worsens annual dry season fires that release huge amounts of carbon stored in the peat. Many of the fires are deliberately set to clear land of its natural vegetation.

Indonesia has made major commitments to reduce greenhouse gas emissions and protect its tropical forests, which are home to critically endangered species, but deforestation has continued largely unabated. A study in the journal Nature Climate Change estimated that by 2012, Indonesia was clearing 840,000 hectares (2 million acres) of forests a year, more than any other country.

Arief Wijaya, a forests expert at the World Resources Institute, said Tuesday that the strengthened moratorium is particularly important for protecting Indonesia’s Papua region as the “last frontier of natural forests” still largely untouched by exploitation.

Deforestation is far advanced on the Indonesian island of Sumatra and worsening in Kalimantan, which is the Indonesian part of Borneo.

The institute estimates Indonesia could achieve a 7.8 gigaton reduction in carbon emissions over 15 years, which is equivalent to about one year of U.S. greenhouse gas emissions.

Wijaya said that in practice the amended regulation means companies such as Asia Pulp & Paper, one of the world’s largest paper producers, are prohibited from expanding their use of peatlands, even if they are within their concessions. They also must rehabilitate drained peatlands and peatlands damaged by fires.

Last month, the company was criticized by Indonesia’s Environment and Forestry Ministry which released photos showing one of its suppliers in South Sumatra was replanting peatlands which burned in last year’s dry season fires and were supposed to be restored.

The fires from July to October last year in southern Sumatra and Kalimantan were the worst since 1997, sent a life-threatening haze across Indonesia into Singapore, Malaysia and southern Thailand. A study by scientists from Harvard and Colombia universities estimated that fine particulate matter in the haze hastened the deaths of 100,000 people.

The environment ministry said in a statement that one of the main causes of last year’s fires was corporate mismanagement of peatlands, which in turn led to the beefed up regulations.

Story: Stephen Wright

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Muay Thai Gets Provisional Olympic Recognition

France's Sofiane Oumiha, at left, fights Thailand's Amnat Ruenroeng during a men's light weight 60-kg preliminary boxing match at the 2016 Summer Olympics in Rio de Janeiro. Photo: Frank Franklin II / Associated Press

LAUSANNE, Switzerland — Muay Thai and cheerleading have made their way into the Olympic movement.

The International Cheer Union and the International Federation of Muay Thai received provisional recognition Tuesday from the IOC executive board – a first step on a long road to becoming a future Olympic sport.

They were among 16 sports bodies which applied for IOC recognition earlier this year, and they join 35 other sports on the list of recognized federations.

Cheerleading and Muay Thai will now be assured of USD$25,000 in IOC funding per year. They are also eligible for other development programs and access to content of the IOC’s digital Olympic Channel.

IOC sports director Kit McConnell said the two federations were given provisional recognition for a period of up to three years. During that time, the IOC executive board can recommend full recognition, another necessary step in the drawn-out path toward joining the Olympic program.

McConnell said the cheerleading federation has over 100 national federations and nearly 4.5 million registered competitors.

“It is a sport with growing popularity, a strong youth focus in schools and universities and we noted that,” he said.

McConnell said Muay Thai has 135 national federations and nearly 400,000 registered athletes.

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Earthquake Rocks Indonesia’s Aceh Province; Death Toll Rising

BIREUEN, Indonesia — Chief of army in Indonesia’s Aceh province tells TV that quake death toll rises to 97.

A strong undersea earthquake rocked Indonesia’s province of Aceh early Wednesday, causing several deaths and building collapses in districts near the epicenter.

The U.S. Geological Survey said the shallow 6.4-magnitude earthquake that struck at 5:03 a.m. (2203 GMT Tuesday) was centered about 10 kilometers (6 miles) north of Reuleut, a town in northern Aceh, at a depth of 17.2 kilometers (11 miles).

Indonesia’s Climate, Meteorology and Geophysics Agency said the quake has no potential to trigger a tsunami.

Sulaiman, a local disaster official, told local MetroTV that a woman and her two children were killed in Pidie Jaya, 18 kilometers (11 miles) southwest of the epicenter. Achmad Taufiq, a health worker at a public health center in the nearby district of Bireuen, said a teacher at an Islamic building school died after being hit by falling debris.

Sulaiman said several mosques in Pidie Jaya collapsed as well as stores, houses and other buildings. Heavy equipment has been deployed for the effort to search for survivors.

Television footage from the town showed partially and completely collapsed buildings and injured people at a makeshift emergency center.

About 20 people were being treated at the health center in Bireuen and one person was moved to a hospital because of broken bones and a head injury, said Taufiq.

Residents of the nearby town of Lhokseumawe ran out of their houses in panic during the quake and many people fled to higher ground.

The world’s largest archipelago, Indonesia is prone to earthquakes due to its location on the Pacific “Ring of Fire,” an arc of volcanoes and fault lines in the Pacific Basin.

In December 2004, a massive earthquake off Sumatra island triggered a tsunami that killed 230,000 people in a dozen countries. More than 160,000 people died in Indonesia alone, and most of those deaths occurred in Aceh.

Story: Ayi Yufridar

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Authorities Visit BBC Thai Offices, Block Article Online

A blocked website shows a notice from the Ministry of Digital Economy and Society with the message, 'This website contains content and information that is deemed inappropriate. It has been censored by the Ministry of Digital Economy and Society' on Nov. 17. Photo: Associated Press

BANGKOK — Police officers briefly visited the BBC’s offices in Bangkok where they reportedly helped themselves to some drinks before departing Tuesday at the same time an article published by the broadcaster’s Thai-language service was blocked.

Ten officers came knocking on the door of the broadcaster’s Maneeya Building office in the Chitlom area where they drank some milk that had been delivered there before departing, Southeast Asia Bureau Chief Jonathan Head said Tuesday night.

“They came – 10 cops, more plain clothes. They drank the Yakult hanging on the door,” Head write in reply to an inquiry. “Then some came back. Then the army came – 7 officers – asking why the police had been here. No BBC staff in the bureau.”

Update: They didn’t drink the milk

The visit came as a biography published online by the BBC’s Thai-language service about newly installed King Rama X was made inaccessible by government censors. Attempts to access the page were met with a banner stating it had been blocked by the Ministry of Digital Economy and Society for displaying “inappropriate content and information.”

Two days ago, a pro-democracy activist was arrested and charged with royal defamation for sharing the article. Jatupat “Pai” Boonpattararaksa, a member of community rights group Dao Din, was released Sunday on bail.

In a story on the arrest, BBC Thai noted that more than 2,500 other Facebook users had shared the same story. Deputy Prime Minister Prawit Wongsuwan said Tuesday that Jatupat was not singled out, and his arrest was in accordance with the law.

Ultra-nationalists have fomented anger online toward BBC Thai, which launched in July 2014 in response to the military coup. Last month it expanded from a Facebook-only presence to its own site with former Bangkok Post Deputy Editor Nopporn Wong-Anan as editor.

Nopporn has himself become the target of a vicious social media campaign. He referred inquiries to BBC representatives in London.

Story: Pravit Rojanaphruk, Sasiwan Mokkhasen, Todd Ruiz

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China Sends Another 120 Peacekeepers to South Sudan

In this Thursday, April 21, 2016 image taken from a video footage run by China's CCTV via AP Video, Chinese President Xi Jinping, right, in military uniform gestures as he tours to the Chinese army’s Joint Operation Command Center in Beijing. Photo: CCTV via Associated Press Video

BEIJING — The first 120 troops of a 700-member Chinese U.N. peacekeeping force have departed for South Sudan, deepening China’s commitment to the troubled East African nation, where two of its peacekeepers were killed in fighting over the summer.

The new troops, who departed on Sunday, are part of the third Chinese battalion to be sent to South Sudan to protect civilians, U.N. staff and humanitarian workers, and to conduct patrols and provide security escorts.

South Sudan has seen continuous fighting since its civil war broke out in December 2013. The more than 12,000 U.N. peacekeepers already in the country have been criticized for failing to protect civilians. China was an early investor in the new state’s energy sector, but fighting and corruption have largely prevented it from reaping any benefits.

In July, two Chinese peacekeepers died and five others were wounded after their vehicle was struck with a rocket-propelled grenade as fighting swept the capital, Juba.

China has maximized publicity of its contribution to U.N. peacekeeping as part of its push to raise its international profile. China is now the biggest contributor of peacekeepers among the five permanent members of the U.N. Security Council, with 2,639 currently deployed on six missions, mostly assigned to medical, engineering and transport duties. Yet in actual terms, that still leaves China ranked 12th overall among nations that have contributed peacekeepers, led by Ethiopia, India and Pakistan.

In total, China contributes about 3 percent of total U.N. peacekeeping forces. In South Sudan, Chinese forces make up less than 10 percent of the total. Chinese peacekeepers also make up only a tiny fraction of the People’s Liberation Army’s 2.3 million personnel.

In a high-profile announcement at the U.N. General Assembly last year, President Xi Jinping said that China would also set up a permanent peacekeeping standby force of 8,000 troops to be deployed whenever necessary. No details were given on the makeup and mission of that force, and there has been no word on whether it has been established yet.

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ONE Championship MMA Coming to Bangkok, New Markets for 2017

The referee tries to stop the fight as the Philippines' Brandon Vera pins down Japanese Hideki Sekine in their MMA (Mixed Martial Arts) One Heavyweight World Championship title fight on Friday at the Mall of Asia Arena in suburban Pasay city south of Manila, Philippines. Photo: Bullit Marquez / Associated Press

BANGKOK — Asia’s leading mixed martial arts promoter ONE Championship will hold two events in Bangkok in 2017 and expects to soon confirm dates in Japan and South Korea as it expands into new markets.

ONE released its 2017 schedule on Tuesday with 18 confirmed events – up from 14 this year – and expectations that up to six more will be soon added, including the inaugural Japanese and Korean fight nights.

In Bangkok, matches will be held at Impact Arena on March 11 and Dec. 9, according to the schedule. The confirmed events also include an event in Shanghai, at the Mercedes Benz Arena, on Dec. 12. It will be the first Shanghai event for ONE, which has targeted China as its key growth market.

The 2017 calendar also includes dates in Beijing and Shenzhen. There is a confirmed event in Macau on Aug. 12 and ONE says it hopes to arrange a second event there, and so too with Shanghai.

The first Vietnam event will be held in Danang on Oct. 27, and ONE is also expecting to finalize a second event.

A spokesman for ONE said details of the inaugural Japan and South Korea promotions will be announced soon, and are earmarked for the latter part of the year.

The increase in the number of events likely beyond 20 is a significant increase for ONE, which has planned aggressive expansion across new markets in Asia. That expansion follows a major investment by Singapore’s sovereign wealth fund Temasek and the establishment of new offices in China, Japan and other markets.

“With the addition of key senior leaders to aid ONE with our growth plans, the promotion is in an unbelievable position to make some major waves in the global MMA industry,” ONE chief executive Victor Cui said.

“2016 has been a phenomenal year for ONE Championship, it was absolutely historic for the promotion, and 2017 promises to be even better.”

The 2017 schedule also includes returns to ONE’s established markets in Indonesia, Malaysia, Thailand, Myanmar, the Philippines and its home city Singapore.

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NDM to Hold First Political Symposium Since Death of King Bhumibol

New Democracy Movement activists at a June 25, 2015, anti-junta protest at Democracy Monument in Bangkok.

BANGKOK The New Democracy Movement will hold its first political symposium since the death of His Majesty the Late King Bhumibol.

The plan to hold an event Saturday comes after more than 50 days of abstention from political activities by the pro-democracy group and will be a test of political freedom under the military junta in the post-Rama IX era.

Student leader Rangsiman Rome said the group will wait and see how the junta, formally known as the National Council for Peace and Order, responds. Chulalongkorn University granted permission to the group and five others to hold parallel sessions Saturday and Sunday at the Faculty of Political Science.

“I feel that considerable time has passed. It’s been over a month and Saturday happens to be Constitution Day,” Rangsiman said.

The topic will be the junta-sponsored constitution, military coup and judicial system, he said.

The group did not directly inform the junta about the event, but Rangsiman said he believes it must already be aware because the university coordinates with the junta on such matters.

“I think we should be able to hold it. If we can’t, it won’t benefit any party,” Rangsiman said.

Asked if the group has given up on trying to oust the military junta, Rangsiman said no.

“Our goal hasn’t changed. [The New Democracy Movement] was founded to oppose the [junta] because we do not accept the coup. It’s just that we haven’t succeeded yet,” he said.

Other issues that will be organized by other groups as part of the event dubbed “People Go Network Forum” include issues of food security, educational rights, community rights and sustainable development.

Photo: NDM / Facebook
Photo: NDM / Facebook
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Rama X Appoints New Privy Council

The new members of the Council under His Majesty King Maha Vajiralongkorn Bodindradebayavarangkun, from left, Justice Minister Gen. Paiboon Koomchaya, Minister of Education Gen. Dapong Ratanasuwan and former Army chief General Teerachai Nakwanich.

BANGKOK — His Majesty the King appointed Tuesday the 10 members of his Privy Council.

Three of the 10 new members to serve under His Majesty King Maha Vajiralongkorn Bodindradebayavarangkun are all generals in the armed forces: Justice Minister Gen. Paiboon Koomchaya, Minister of Education Gen. Dapong Ratanasuwan and former Army chief Gen. Teerachai Nakwanich.

Teerachai also currently serves on the junta-appointed National Legislative Assembly.

The other seven members served under His Majesty the Late King Bhumibol Adulyadej: former Prime Minister Gen. Surayud Chulanont, Kasem Wattanachai, Palakorn Suwanrath, Atthaniti Disatha-amnarj, Supachai Poo-ngam, Chanchai Likhitjitta and Air Chief Marshal Chalit Pukbhasuk.

Deputy Prime Minister Prawit Wongsuwan responded to the Royal Command by stating that it was a good thing for two ministers of the military government to be trusted by His Majesty. He said the openings in the cabinet would be filled soon.

The Royal Command issued Tuesday was countersigned by the 96-year-old head of the Privy Council, Prem Tinsulanonda.

The new Privy Council was appointed after the former council under His Majesty the Late King resigned.

Prem was reappointed as head of the council Friday after he had to leave the post to installed as regent during the time in which former Crown Prince Vajiralongkorn declined to immediately accede to the throne after King Bhumibol’s death on Oct. 13.

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Three Killed in Two Successive Pattani Shootings

Gunmen shot the car of village headman Pradub Mainjon Tuesday morning in Pattani province. He was killed on the scene.

PATTANI — Three people were killed in two shootings Tuesday morning in the southern border province of Pattani.

Two of those killed were a village headman and a defense volunteer. Police would not yet conclude the attacks had been carried out by militants involved in the southern insurgency movement, as they were investigating. No suspects have been identified.

The first shooting took place at 8:30am in the Nong Chik district. A 43-year-old Volunteer Defense Corps member, Thawat Pongsuwan, was riding his motorcycle to pick up his daughter with his wife, Papimon Chaikong, 31, when two men on a motorcycle chased them and fired gunshots. Both died at the scene.

About an hour later, this time in Yaring district, village headman Pradub Mainjon was driving his car before he was shot dead. His wife, Amporn Mainjon, was severely injured and was taken for treatment to a hospital.

“We think it was aimed at causing unrest though we haven’t cut personal issue out of the possible motive,” said Col. Montri Kongwatmai of Yaring Police Station.

Shootings and bombings take place often in Pattani province, a major area in which the separatist movement operates. However, police usually reserve their judgment when determining links to the group.

Volunteer Defense Corps, Thawat Pongsuwan and his wife were both shot dead while riding a motorcycle on their way to pick up their daughter Tuesday morning in Pattani province.
Volunteer Defense Corps, member Thawat Pongsuwan and his wife were shot dead while riding a motorcycle on their way to pick up their daughter Tuesday morning in Pattani province.

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