Detecting Rabid Bats Before They Bite


A picture is worth a thousand words—or in the case of bats, a rabies diagnosis. A new study reveals that rabid bats have cooler faces compared to uninfected colony-mates. And researchers are hopeful that thermal scans of bat faces could improve rabies surveillance in wild colonies, preventing outbreaks that introduce infections into other animals—including humans.

Bats are a major reservoir for the rabies virus, according to the Centers for Disease Control and Prevention (CDC) in Atlanta. Previous research shows that bats can transmit their strains to other animals, potentially putting people at risk. (Popular Videos: Bats share the screen with creepy co-stars.)

Rabies, typically transmitted in saliva, targets the brain and is almost always fatal in animals and people if left untreated. No current tests detect rabies in live animals—only brain tissue analysis is accurate.

Searching for a way to detect the virus in bats before the animals died, rabies specialist James Ellison and his colleagues at the CDC turned to a captive colony of big brown bats (Eptesicus fuscus). Previous studies had found temperature increases in the noses of rabid raccoons, so the team expected to see similar results with bats.

Researchers established normal temperature ranges for E. fuscus—the bat species most commonly sent for rabies testing—then injected 24 individuals with the virus. The 21-day study monitored facial temperatures with infrared cameras, and 13 of the 21 bats that developed rabies showed temperature drops of more than 4ÂșC.

"I was surprised to find the bats' faces were cooler because rabies causes inflammation—and that creates heat," said Ellison. "No one has done this before with bats," he added, and so researchers aren't sure what's causing the temperature changes they've discovered in the mammals. (Related: "Bats Have Superfast Muscles—A Mammal First.")

Although thermal scans didn't catch every instance of rabies in the colony, this method may be a way to detect the virus in bats before symptoms appear. The team plans to fine-tune their measurements of facial temperatures, and then Ellison hopes to try surveillance in the field.

This study was published online November 9 in Zoonoses and Public Health.


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Obama Invokes Newtown on 'Cliff' Deal













Invoking the somber aftermath of the school massacre in Newtown, Conn., President Obama today appealed to congressional Republicans to embrace a standing "fair deal" on taxes and spending that would avert the fiscal cliff in 13 days.


"If there's one thing we should have after this week, it should be a sense of perspective about what's important," Obama said at a midday news conference.


"I would like to think that members of that [Republican] caucus would say to themselves, 'You know what? We disagree with the president on a whole bunch of things,'" he said. "'But right now what the country needs is for us to compromise.'"


House Speaker John Boehner's response: "Get serious."


Boehner announced at a 52-second news conference that the House will vote Thursday to approve a "plan B" to a broad White House deal -- and authorize simply extending current tax rates for people earning less than $1 million a year and little more.


"Then, the president will have a decision to make," the Ohio Republican said. "He can call on Senate Democrats to pass that bill or he could be responsible for the largest tax increase in American history."








Fiscal Cliff Negotiations: Trying to Make a Deal Watch Video









House Speaker John Boehner Proposes 'Plan B' on Taxes Watch Video









'Fiscal Cliff' Negotiations: Deal Might Be Within Reach Watch Video





Unless Congress acts by Dec. 31, every American will face higher income tax rates and government programs will get hit with deep automatic cuts starting in 2013.


Obama and Boehner have been inching closer to a deal on tax hikes and spending cuts to help reduce the deficit. But they have not yet had a breakthrough on a deal.


Obama's latest plan would raise $1.2 trillion in new tax revenue over 10 years, largely through higher tax rates on incomes above $400,000. He also proposes roughly $930 billion in spending cuts, including new limits on entitlement spending, such as slower annual cost-of-living increases for Social Security beneficiaries.


Boehner has agreed to $1 trillion in new tax revenue, with a tax rate hike for households earning over $1 million. He is seeking more than $1 trillion in spending cuts, with significant changes to Medicare and Social Security.


The president said today that he remains "optimistic" about reaching a broad compromise by Christmas because both sides are "pretty close," a sentiment that has been publicly shared by Boehner.


But the speaker's backup plan has, at least temporarily, stymied talks, with no reported contact between the sides since Monday.


"The speaker should return to the negotiating table with the president because if he does I firmly believe we can have an agreement before Christmas," said Sen. Chuck Schumer, D-N.Y., a White House ally.


Schumer said Obama and Boehner are "not that far apart" in the negotiations.


"If they were to come to an agreement by Friday, they could write this stuff over the Christmas break and then we'd have to come back before the New Year and pass it," Schumer said.


Obama said he is "open to conversations" and planned to reach out to congressional leaders over the next few days to try to nudge Republicans to accept a "fair deal."


"At some point, there's got to be, I think, a recognition on the part of my Republican friends that -- you know, take the deal," he told reporters.


"They keep on finding ways to say no, as opposed to finding ways to say yes," Obama added. "At some point, you know, they've got take me out of it and think about their voters and think about what's best for the country."



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Today on New Scientist: 18 December 2012








Violent polar storms help control the world's weather

Without the mini-hurricanes which form over the Arctic, the world could face massive weather disruption



Ancient city of Troy rebranded itself after war

Changing styles of pottery 3200 years ago show the Trojans were quick to align themselves with the region's new political power



Court ruling will clarify end-of-life decisions

Canada's supreme court will soon rule on whether doctors can stop treatment for "unconscious" patients, but determining awareness remains a thorny issue



Colourful claw of tiny ocean predator

See a prizewinning photo of the claw of a Phronima: a tiny marine predator whose size belies its ferocity



Gaming chair mimics a full-motion simulator

If you can't afford a full-motion flight or car simulator, here's a cheap way of creating some of the same effects



How an ancient Egyptian code unmasked a cannibal star

Has a papyrus from the time of the pharaohs exposed the ghoulish habits of the baleful Demon Star? Stephen Battersby investigates



Best videos of 2012: Bonobo genius makes stone tools

Watch a creative bonobo fashion tools to retrieve hidden food, at number 9 in our countdown of the year's best videos



Is the obesity epidemic caused by too much sugar?

In Fat Chance, endocrinologist Robert Lustig argues that insidious changes to our eating habits have caused disruptions to our endocrine systems



'The idea we live in a simulation isn't science fiction'

If the universe is just a Matrix-like simulation, how could we ever know? Physicist Silas Beane thinks he has the answer



Fungal frog killer hops into crayfish

Crayfish are vulnerable to the same chytrid fungus already killing frogs all over the world. The discovery provides a clue to how the disease spreads




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Temasek raises stake in Olam






SINGAPORE: Temasek Holdings has raised its stake in commodity trader Olam International to 17 percent from 16.3 percent.

In a filing with the Singapore Exchange, Olam said Temasek had bought 200,000 shares for S$293,000 from the open market on Tuesday through its investment vehicle Aranda Investments.

In an emailed comment to Channel NewsAsia, a Temasek spokesperson said: "We have invested in Olam over several years. In our judgement, the company represents a reasonably attractive investment over the long term and we are pleased to have the opportunity to add to our stake."

Earlier this month, Olam said Temasek is backing its rights issue of bonds and warrants to raise as much as US$1.2 billion.

This could potentially translate to the investment firm owning as much as 29 percent of Olam if it exercises all the warrants in 2016 at the earliest.

Kewalram Chanrai Group, Olam's largest investor with nearly a 20 percent stake, has also said it will back the issue.

Olam has been the target of short-seller Carson Block and his research firm Muddy Waters, which questioned the company's allegedly flawed accounting standards that they claimed masked its debts.

- CNA/al



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National Geographic turns off Instagram over new terms




The backlash over announced changes to Instagram's terms of service has led National Geographic to suspend its posting activity on the photo sharing app.


The Facebook-owned app ignited a storm of protest with the announcement earlier this week that it had perpetual right to sell users' photographs without payment or notification. Under the new policy, Facebook claimed the perpetual right to license all public Instagram photos to companies or any other organization, including for advertising purposes, effectively transforming the Web site into the world's largest stock photo agency.




National Geographic, a magazine long respected for presenting high-quality photographs that are both artistic and journalistic, made the announcement today on its Instagram account. "We are very concerned with the direction of the proposed new terms service and if they remain as presented we may close our account," the post reads.


Recent comments by Instagram suggest such action may not be necessary. The app maker apologized to its users today, saying it will "remove" language from its legal terms that would have let it sell users' photos or use them in advertisements.


In a blog post this afternoon, Chief Executive Kevin Systrom said it's "our mistake that this language is confusing" and that the company is "working on updated language."


"Since making these changes, we've heard loud and clear that many users are confused and upset about what the changes mean," he wrote.

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Race Is On to Find Life Under Antarctic Ice



A hundred years ago, two teams of explorers set out to be the first people ever to reach the South Pole. The race between Roald Amundsen of Norway and Robert Falcon Scott of Britain became the stuff of triumph, tragedy, and legend. (See rare pictures of Scott's expedition.)


Today, another Antarctic drama is underway that has a similar daring and intensity—but very different stakes.


Three unprecedented, major expeditions are underway to drill deep through the ice covering the continent and, researchers hope, penetrate three subglacial lakes not even known to exist until recently.


The three players—Russia, Britain, and the United States—are all on the ice now and are in varying stages of their preparations. The first drilling was attempted last week by the British team at Lake Ellsworth, but mechanical problems soon cropped up in the unforgiving Antarctic cold, putting a temporary hold on their work.


The key scientific goal of the missions: to discover and identify living organisms in Antarctica's dark, pristine, and hidden recesses. (See "Antarctica May Contain 'Oasis of Life.'")


Scientists believe the lakes may well be home to the kind of "extreme" life that could eke out an existence on other planets or moons of our solar system, so finding them on Earth could help significantly in the search for life elsewhere.



An illustration shows lakes and rivers under Antarctica's ice.
Lakes and rivers are buried beneath Antarctica's thick ice (enlarge).

Illustration courtesy Zina Deretsky, NSF




While astrobiology—the search for life beyond Earth—is a prime mover in the push into subglacial lakes, so too is the need to better understand the ice sheet that covers the vast continent and holds much of the world's water. If the ice sheet begins to melt due to global warming, the consequences—such as global sea level rise—could be catastrophic.


"We are the new wave of Antarctic explorers, pioneers if you will," said Montana State University's John Priscu, chief scientist of the U.S. drilling effort this season and a longtime Antarctic scientist.


"After years of planning, projects are coming together all at once," he said.


"What we find this year and next will set the stage for Antarctic science for the next generation and more—just like with the explorers a century ago."


All Eyes on the Brits


All three research teams are at work now, but the drama is currently focused on Lake Ellsworth, buried 2 miles (3.2 kilometers) below the West Antarctic ice sheet.


A 12-person British team is using a sophisticated technique that involves drilling down using water melted from the ice, which is then heated to 190 degrees Fahrenheit (88 degrees Celsius).


The first drilling attempt began on December 12, but was stopped at almost 200 feet (61 meters) because of technical problems with the sensors on the drill nozzle.


Drilling resumed on Saturday but then was delayed when both boilers malfunctioned, requiring the team to wait for spare parts. The situation is frustrating but normal due to the harsh climate, British Antarctic team leader Martin Siegert, who helped discover Lake Ellsworth in 2004, said in an email from the site.


After completing their drilling, the team will have about 24 hours to collect their samples before the hole freezes back up in the often below-zero cold. If all goes well, they could have lake water and mud samples as early as this week.


"Our expectation is that microbes will be found in the lake water and upper sediment," Siegert said. "We would be highly surprised if this were not the case."


The British team lives in tents and makeshift shelters, and endures constant wind as well as frigid temperatures. (Take an Antarctic quiz.)


"Right now we are working round the clock in a cold, demanding and extreme location-it's testing our own personal endurance, but it's worth it," Siegert said.


U.S. First to Find Life?


The U.S. team is drilling into Lake Whillans, a much shallower body about 700 miles inland (1,120 kilometers) in the region that drains into the Ross Sea.


The lake, which is part of a broader water system under the ice, may well have the greatest chances of supporting microbial life, experts say. Hot-water drilling begins there in January.


Among the challenges: Lake Whillans lies under an ice stream, which is similar to a glacier but is underground and surrounded by ice on all sides. It moves slowly but constantly, and that complicates efforts to drill into the deepest—and most scientifically interesting—part of the lake.


Montana State's Priscu—currently back in the U.S. for medical reasons—said his team will bring a full lab to the Lake Whillans drilling site to study samples as they come up: something the Russians don't have the interest or capacity in doing and that the British will be trying in a more limited way. (Also see "Pictures: 'Extreme' Antarctic Science Revealed.")


So while the U.S. team may be the last of the three to penetrate their lake, they could be the first to announce the discovery of life in deep subglacial lakes.


"We should have a good idea of the abundance and type of life in the lake and sediments before we leave the site," said Priscu, who plans to return to Antarctica in early January if doctors allow.


"And we want to know as much as possible about how they make a living down there without energy from the sun and without nutrients most life-forms need."


All subglacial lakes are kept liquid by heat generated from the pressure of the heavy load of ice above them, and also from heat emanating from deeper in the Earth's crust.


In addition, the movement of glaciers and "ice streams" produces heat from friction, which at least temporarily results in a wet layer at the very bottom of the ice.


The Lake Whillans drilling is part of the larger Whillans Ice Stream Subglacial Access Research Drilling (WISSARD) project, first funded in 2009 by the U.S. National Science Foundation with funds from the American Recovery and Reinvestment Act.


That much larger effort will also study the ice streams that feed and leave the lake to learn more about another aspect of Antarctic dynamism: The recently discovered web of more than 360 lakes and untold streams and rivers—some nearing the size of the Amazon Basin—below the ice. (See "Chain of Cascading Lakes Discovered Under Antarctica.")


Helen Fricker, a member of the WISSARD team and a glaciologist at University of California, San Diego, said that scientists didn't begin to understand the vastness of Antarctica's subglacial water world until after the turn of the century.


That hidden, subterranean realm has "incredibly interesting and probably never classified biology," Fricker said.


"But it can also give us important answers about the climate history of the Earth, and clues about the future, too, as the climate changes."


Russia Returning to Successful Site


While both the U.S. and British teams have websites to keep people up to date on their work, the Russians do not, and have been generally quiet about their plans for this year.


The Russians have a team at Lake Vostok, the largest and deepest subglacial lake in Antarctica at more than 2.5 miles (4 kilometers) below the icy surface of the East Antarctic plateau.


The Vostok drilling began in the 1950s, well before anyone knew there was an enormous lake beneath the ice. The Russians finally and briefly pierced the lake early this year, before having to leave because of the cold. That breakthrough was portrayed at the time as a major national accomplishment.


According to Irina Alexhina, a Russian scientist with the Vostok team who was visiting the U.S. McMurdo Station last week, the Russian plan for this season focuses on extracting the ice core that rose in February when Vostok was breached. She said the team arrived this month and can stay through early February.


Preliminary results from the February breach report no signs of life on the drill bit that entered the water, but some evidence of life in small samples of the "accretion ice," which is frozen to the bottom of the lake, said Lake Vostok expert Sergey Bulat, of the Petersburg Nuclear Physics Institute, in May.


Both results are considered tentative because of the size of the sample and how they were retrieved. In addition, sampling water from the very top of Lake Vostok is far less likely to find organisms than farther down or in the bottom sediment, scientists say.


"It's like taking a scoop of water from the top of Lake Ontario and making conclusions about the lake based on that," said Priscu, who has worked with the Russians at Vostok.


He said he hopes to one day be part of a fully international team that will bring the most advanced drilling and sample collecting technology to Vostok.


Extreme Antarctic Microbes Found


Some results have already revealed life under the ice. A November study in the journal Proceedings of the National Academy of Sciences reported that subglacial Lake Vida—which is smaller and closer to the surface than other subglacial lakes—does indeed support a menagerie of strange and often unknown bacteria.


The microbes survive in water six times saltier than the oceans, with no oxygen, and with the highest level of nitrous oxide ever found in water on Earth, said study co-author Chris McKay, an astrobiologist at NASA's Ames Research Center.


"What Antarctica is telling us is that organisms can eke out a living in the most extreme of environments," said McKay, an expert in the search for life beyond Earth.


McKay called Lake Vida the closest analog found so far to the two ice and water moons in the solar system deemed most likely to support extraterrestrial life—Jupiter's Europa and Saturn's Enceladus.


But that "closest analog" designation may soon change. Life-forms found in Vostok, Ellsworth, or Whillans would all be living at a much greater depth than at Lake Vida—meaning that they'd have to contend with more pressure, more limited nutrients, and a source of energy entirely unrelated to the sun.


"Unique Moment in Antarctica"


The prospect of finding microscopic life in these extreme conditions may not seem to be such a big deal for understanding our planet—or the possibility of life on others. (See Antarctic pictures by National Geographic readers.)


But scientists point out that only bacteria and other microbes were present on Earth for 3 billion of the roughly 3.8 billion years that life has existed here. Our planet, however, had conditions that allowed those microbes to eventually evolve into more complex life and eventually into everything biological around us.


While other moons and planets in our solar system do not appear capable of supporting evolution, scientists say they may support—or have once supported—primitive microbial life.


And drilling into Antarctica's deep lakes could provide clues about where extraterrestrial microbes might live, and how they might be identified.


In addition, Priscu said there are scores of additional Antarctic targets to study to learn about extreme life, climate change, how glaciers move, and the dynamics of subterranean rivers and lakes.


"We actually know more about the surface of Mars than about these subglacial systems of Antarctica," he said. "That's why this work involves such important and most likely transformative science."


Mahlon "Chuck" Kennicutt, the just-retired president of the Scientific Committee on Antarctic Research, an international coordinating group, called this year "a unique moment in Antarctica."


"There's a growing understanding of the continent as a living, dynamic place—not a locked-in ice desert—and that has created real scientific excitement."


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Newtown Shooting: Bushmaster Under Fire













When the private investment firm Cerberus Capital Management announced Tuesday it would unload its interest in Bushmaster – the company that built the weapon used in last week's mass murder of 20 Connecticut first graders -- it marked the beginning of what experts say is likely to be a challenging period for the North Carolina-based weapons manufacturer.


"They are looking at a taint on their brand and looking at a marketplace that could change dramatically with respect to their weapon," said Chris Lehane, a crisis public relations expert who worked in the Clinton White House. "To me the fact that Cerberus is pulling out is a pretty significant defining moment."


For years, Bushmaster has been marketing itself to testosterone-fueled male customers, issuing "man cards" to customers who want to be "card carrying men." Now, Lehane and others said the company is facing the prospect of being branded the weapon of choice for mass killers. The Newtown, Connecticut shooting marked the fourth time a Bushmaster has been implicated in a mass shooting since 1999, including the Beltway sniper case that left 10 dead and three more wounded.


Cerberus announced Tuesday it wanted distance from Bushmaster, calling the murder of 20 first grade children at Sandy Hook Elementary School a "watershed event." The investment firm, which is chaired by former Vice President Dan Quayle, noted in its statement that Bushmaster may not be an investment consistent with the interests of its clients. Its investors include the pension plans of firemen, teachers, and policemen.






Rich Pedroncelli/AP Photo











Gun Control Debate Resurfaces After Sandy Hook Shooting Watch Video









Sandy Hook Elementary School Shooting: Victims Laid to Rest Watch Video









Sandy Hook Elementary Shooter: What Caused Shooting? Watch Video





Lehane said the announcement could signal a shift in the way investors view companies that make military style weapons for a civilian market.


"It reminds me of the time when tobacco began to be associated with a negative light, or the divestiture movement surrounding companies in South Africa," he said. "Where financial markets believe they are going to pay a price."


In addition, a spokesman for Cerberus Group confirmed that the father of Stephen Feinberg, the founder of Cerberus Group, lives in Newtown.


Gun control groups have also lined up to criticize the weapons manufacturer, arguing that the company was selling civilian customers a weapon clearly designed for war.


"This thing is just a killing machine," said Josh Horwitz, executive director of the Coalition to Stop Gun Violence. "[I]t's a weapon that can easily shoot hundreds of … In fact it's very similar to the weapon that James Holmes used to shoot up the movie theater in Aurora."


The company has not responded to phone calls seeking comment, but gun enthusiasts say the weapon's menacing appearance can appeal to civilians looking for a means to secure their homes, and its ease of use can appeal to those looking for a weapon for target shooting.


"The [assault rifle] platform is the most popular in the country," said Frank Cornwall, a firearms instructor in Connecticut. "Civilians have always bought similar type arms to the military. And this is a very versatile platform. Quite a popular hunting and target shooting gun."


Phillip Stutts, a crisis management consultant who worked for President George W. Bush, said he has been surprised by the silence of the gun manufacturer.


"Bushmaster doesn't have to take responsibility for this tragedy, but they have a responsibility to respond to this tragedy," he said. "And they haven't. They have to get out in front of this. It needs to be corrected ASAP."






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Fungal frog killer hops into crayfish








































Crayfish are vulnerable to the same fungus that is killing frogs all over the world. The discovery helps explain how the disease spreads even after all the amphibians in an area have been wiped out. Worryingly, chemicals released by the fungus may alone be enough to kill.












Taegan McMahon of the University of South Florida, Tampa, and colleagues discovered infected crayfish in field surveys in Louisiana and Colorado. They found that up to 29 per cent of the animals carried the chytrid fungus Batrachochytrium dendrobatidis. Lab studies proved that crayfish can become infected and die, the first time this has been shown in non-amphibians.













Infected crayfish can pass the disease to tadpoles, and crayfish exposed to water from which the fungus had been filtered still died. McMahon says the distribution of crayfish around the world may explain why the fungus is so widespread.












She adds that it is "is certainly possible" that other invertebrates might carry the fungus. Her team are currently investigating this and are working on possible ways to stop the spread of the toxin.












"It's very compelling, their evidence for crayfish as a disease vector and for a toxic effect secreted in the water," says Trenton Garner at London's Institute of Zoology.












PNAS, DOI: 10.1073/pnas.1200592110


















































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Remains of man in armour found at "Pompeii of Japan"






TOKYO: The remains of a high-caste man wearing armour who was buried by hot ash -- possibly as he tried to calm the wrath of an erupting volcano -- have been found in an area known as the "Pompeii of Japan".

Archaeologists say they have unearthed the well-preserved body of a sixth-century man who had apparently turned to face a flow of molten rock as it gushed through his settlement.

"Under normal circumstances, you would flee if pyroclastic flows are rushing toward you and bringing waves of heat. But this person died facing it," said Shinichiro Ohki, of Gunma Archaeological Research Foundation.

"Maybe, if he were someone of a high position, he might have been praying, or doing something in the direction of the volcano and attempting to appease its anger," Ohki told AFP on Monday.

The remains, along with a part of an infant's skull, were found in the Kanai Higashiura dig in Gunma prefecture, roughly 110 kilometres (70 miles) northwest of Tokyo, at the site of the volcanic Mount Haruna.

The find comes from an area known to enthusiasts as the "Pompeii of Japan" a reference to the Roman city near modern-day Naples buried by the eruption of Mount Vesuvius in 79 AD.

The body is clad in a relatively sophisticated kind of armour made by craftsmen who bound small iron plates with thin leather strips, which would have represented the latest technological import from the Korean Peninsula.

It may have been brought to Japan after the practice of horse riding was introduced in the late fifth century, Ohki said, adding that the armour was much more sophisticated than the single-plate type common in the period.

"It indicates the person wearing it was someone of a high position, like a regional leader," Ohki told AFP, adding studies would be carried out to see if the man was related to occupants of ancient tombs dotting the region.

Archaeologists will also examine the bones to determine whether the man and the child were related.

"If possible, we would like to study their DNA. Were they related? Why and how did they die there?" Ohki said.

- AFP/al



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Samsung loses bid for new trial after Apple's $1B verdict




A federal judge today denied Samsung's request for a new trial against based on allegations of jury misconduct.


The South Korean electronics giant had asked that Apple's billion-dollar verdict be thrown out and the case be heard again, arguing it was tainted by the jury foreman's failure to disclose previous litigation with Seagate Technology, a company in which Samsung is a major investor, as well as an alleged bias made evident by statements made to the media after the verdict.


In seeking to have an August 24 verdict overturned that found Samsung liable for about $1.05 billion in damages arising from software patents on mobile devices, Samsung argued that jury foreman Velvin Hogan was deliberately dishonest during jury questioning. Samsung said Hogan should have revealed to the judge during jury selection that he had been sued by Seagate -- his former employer -- which led to his filing for personal bankruptcy in 1993.


"Samsung has a substantial strategic relationship with Seagate, which culminated last year in the publicized sale of a division to Seagate in a deal worth $1.375 billion, making Samsung the single largest direct shareholder of Seagate," the company said in its October motion. "Mr. Hogan's failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore in questioning."

Samsung also pointed to statements made by Hogan in a post-verdict interviews with Reuters in which he said "the jury 'wanted to send a message to the industry at large that patent infringing is not the right thing to do, not just Samsung,'" and that the "message [the jury] sent was not just a slap on the wrist."

However, Lucy Koh, the U.S. District Court judge presiding over the patent case, noted that anything Hogan said about legal standards used during deliberations, or the jurors' mental process, were barred by federal evidence rules. The 20-page judgment (see below) was part of a pair of rulings Koh handed down late this evening. She also denied Apple's bid to ban a number of Samsung's devices from sale in the U.S.




"Even if the standards related by Mr. Hogan were completely erroneous, those statements would still be barred, by Federal Rule of Evidence 606(b) and cannot be considered in deciding whether to hold an evidentiary hearing," Koh said.


In regards to the disclosure issue, Koh also blamed Samsung for not asking Hogan the proper questions to reveal any alleged bias against Seagate.


"Samsung could have uncovered the Seagate lawsuit, or at least Mr. Hogan's feelings regarding Seagate, had it exercised reasonable diligence in questioning Mr. Hogan during its allotted time in voir dire," she said. "Moreover, even without asking Mr. Hogan directly, Samsung could have exercised reasonable diligence outside of trial and could have discovered the lawsuit by requesting the bankruptcy file, exactly as Samsung did later, when it became motivated to do so."


CNET has contacted Samsung for comment and will update this report when we learn more.


The orders represent the first major ones to come out of the court since the trial wrapped up in August. Still expected is a ruling from Koh that could change the damages tally. During the three and a half hour long hearing earlier this month, Apple made its bid to increase damages while Samsung predictably argued to lower them."

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