Chicago beer firm Crown Imports is caught in antitrust fight

An antitrust brouhaha in Washington has thrown the future of Crown Imports, a Chicago-based beer importer, into question.

The company, which ranks third in U.S. beer sales volume, is a joint venture between New York-based Constellation Brands Inc. and Mexico's Grupo Modelo, which makes Corona Extra, the leading imported beer in the U.S., and other brands. Crown sells Modelo brands as well as China's Tsingtao.

As part of its proposed sale to Anheuser-Busch InBev, Grupo Modelo agreed to sell its 50 percent stake in Crown to Constellation Brands for $1.85 billion. The separate transaction was meant to ease possible antitrust concerns that the merger would eliminate Crown Imports as a competitor.

But on Thursday the U.S. Department of Justice filed an antitrust suit against AB InBev to block its acquisition of Grupo Modelo. Antitrust officials said the merger would further increase the concentration of the U.S. beer market, leading to higher prices for American consumers.

The lawsuit said the sale of Modelo's interest in Crown Imports to its partner would only create "a facade of competition" between AB InBev and the importer.

"In reality, Defendants' proposed 'remedy' eliminates from the market Modelo — a particularly aggressive competitor — and replaces it with an entity wholly dependent on ABI," the Justice Department said in the lawsuit.

The suits cites as evidence part of an internal memo that Crown's chief executive, Bill Hackett, wrote to employees after the transactions were announced in June. According to the suit, Hackett wrote, "Our #1 competitor will now be our supplier ... it is not currently or will not, going forward, be 'business as usual.'"

Under the terms of the proposed merger with Modelo, AB InBev also had the option to terminate its agreement with Crown Imports after 10 years, giving it full control of Corona distribution.

Constellation Brands on Friday attacked the Justice Department, saying in a statement that the suit "demonstrates its incomplete understanding" of the proposed merger. Constellation and AB InBev have indicated that they plan to challenge the suit.

In a detailed defense, Constellation said its full control of Crown would improve competition, not harm it. According to the lawsuit, Modelo controls about 7 percent of U.S. beer sales, far behind AB InBev's market-leading 39 percent.

Constellation attempted to ease concerns that AB InBev's merger with Modelo would lead to higher prices. Hackett said in a statement: "Our Crown team independently develops, implements and refines pricing, promotional and sales strategies for each of our brands in the U.S."

The proposed beer merger had reduced uncertainty hanging over Crown Imports because the Modelo-Constellation joint venture was set to expire at the end of 2016. The Justice Department action creates a new level of uncertainty, said Benj Steinman, president of Beer Marketer's Insights, a beer industry trade publication.

"Crown's fate is hanging in the balance," Steinman said.

asachdev@tribune.com

Twitter@ameetsachdev

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Killer fired at least 10 times at woman on Lake Shore Drive

A 32-year-old woman was shot and killed inside a Dodge mini-van on Lake Shore Drive overnight. (WGN - Chicago)

By Peter Nickeas




Tribune reporter

7:28 p.m. CST, February 1, 2013

A woman was shot to death while driving a van when someone pulled alongside her on the ramp from Lake Shore Drive to the Stevenson Expressway and fired 10 to 14 times Friday morning, police said.

The Chicago woman, 32, was hit at least once and died at the scene. She later was identified as Michelle Smith, of the 5000 block of South Paulina Avenue, according to the Cook County medical examiner's office. A 37-year-old woman in the van escaped unharmed and was being questioned by police, officials said.

“A brown full-sized van approached in the left lane,” Illinois State Police Capt. Luis Gutierrez said at a press conference on the scene. “That vehicle shot at our victim approximately 10 to 14 rounds."

Gutierrez said police were able to talk to the passenger, who was not harmed, and police believe that "this incident stems from drug and gang activity." Police are reviewing video footage from near the scene.

The victim's criminal history includes several drug-related arrests and a four-year sentence given in 2007 for a felony narcotics conviction, records show.

Illinois State Police learned of the shooting about 4:20 a.m. from Chicago police, who got to the scene after the van crashed.

Police closed access to interstates 94 and 55 from southbound Lake Shore Drive. Flares were laid out to keep vehicles off the ramp but they were quickly extinguished by wind. The ramp was reopened about 11:30 a.m., according to the city's Office of Emergency Management and Communications.

pnickeas@tribune.com
Twitter: @peternickeas

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Hackers target Twitter, could affect 250,000 user accounts

SAN FRANCISCO (Reuters) - Anonymous hackers attacked Twitter this week and may have gained access to passwords and other information for as many as 250,000 user accounts, the microblog revealed late on Friday.

Twitter said in a blog post that the passwords were encrypted and that it had already reset them as a "precautionary measure," and that it was in the process of notifying affected users.

The blog post noted recent revelations of large-scale cyber attacks against the New York Times and the Wall Street Journal, but unlike the two news organizations, Twitter did not provide any detail on the origin or methodology of the attacks.

"This attack was not the work of amateurs, and we do not believe it was an isolated incident," Twitter said. "The attackers were extremely sophisticated, and we believe other companies and organizations have also been recently similarly attacked."

Privately held Twitter, which has 200 million active monthly users, said it was working with government and federal law enforcement officials to track down the attackers.

The company did not specifically link the attacks to China in the blog post, in contrast to the New York Times and the Wall Street Journal, which both said the hackers originated in China.

Twitter, the social network known for its 140-character messages, could not speculate on the origin of the attacks as its investigation was ongoing, said spokesman Jim Prosser.

"There is no evidence right now that would indicate that passwords were compromised," said Prosser.

The attack is not the first time that hackers have breached Twitter's systems and gained access to Twitter user information. Twitter signed a consent decree with the Federal Trade Commission in 2010, subjecting the company to 10 years of independent privacy reviews, for failing to safeguard users' personal information.

(Reporting by Alexei Oreskovic; Editing by Gary Hill and Lisa Shumaker)

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NFL's Goodell aims to share blame on player safety

NEW ORLEANS (AP) — NFL Commissioner Roger Goodell wants to share the blame.

"Safety," he said at his annual Super Bowl news conference, "is all of our responsibilities."

Not surprisingly, given that thousands of former players are suing the league about its handling of concussions, the topics of player health and improved safety dominated Goodell's 45-minute session Friday. And he often sounded like someone seeking to point out that players or others are at fault for some of the sport's problems — and need to help fix them.

"I'll stand up. I'll be accountable. It's part of my responsibility. I'll do everything," Goodell said. "But the players have to do it. The coaches have to do it. Our officials have to do it. Our medical professionals have to do it."

Injuries from hits to the head or to the knees, Goodell noted, can result from improper tackling techniques used by players and taught by coaches. The NFL Players Association needs to allow testing for human growth hormone to go forward so it can finally start next season, which Goodell hopes will happen. He said prices for Super Bowl tickets have soared in part because fans re-sell them above face value.

And asked what he most rues about the New Orleans Saints bounty investigation — a particularly sensitive issue around these parts, of course — Goodell replied: "My biggest regret is that we aren't all recognizing that this is a collective responsibility to get (bounties) out of the game, to make the game safer. Clearly the team, the NFL, the coaching staffs, executives and players, we all share that responsibility. That's what I regret, that I wasn't able to make that point clearly enough with the union."

He addressed other subjects, such as a "new generation of the Rooney Rule" after none of 15 recently open coach or general manager jobs went to a minority candidate, meaning "we didn't have the outcomes we wanted"; using next year's Super Bowl in New Jersey as a test for future cold-weather, outdoor championship games; and saying he welcomed President Barack Obama's recent comments expressing concern about football's violence because "we want to make sure that people understand what we're doing to make our game safer."

Also:

— New Orleans will not get back the second-round draft pick Goodell stripped in his bounty ruling;

— Goodell would not give a time frame for when the NFL could hold a game in Mexico;

— next season's games in London — 49ers-Jaguars and Steelers-Vikings — are sellouts.

Goodell mentioned some upcoming changes, including the plan to add independent neurologists to sidelines to help with concussion care during games — something players have asked for and the league opposed until now.

"The No. 1 issue is: Take the head out of the game," Goodell said. "I think we've seen in the last several decades that players are using their head more than they had when you go back several decades."

He said one tool the league can use to cut down on helmet-to-helmet hits is suspending players who keep doing it.

"We're going to have to continue to see discipline escalate, particularly on repeat offenders," Goodell said. "We're going to have to take them off the field. Suspension gets through to them."

The league will add "expanded physicals at the end of each season ... to review players from a physical, mental and life skills standpoint so that we can support them in a more comprehensive fashion," Goodell said.

With question after question about less-than-light matters, one reporter drew a chuckle from Goodell by asking how he's been treated this week in a city filled with supporters of the Saints who are angry about the way the club was punished for the bounty system the NFL said existed from 2009-11.

"My picture, as you point out, is in every restaurant. I had a float in the Mardi Gras parade. We got a voodoo doll," Goodell said.

But he added that he can "appreciate the passion" of the fans and, actually, "couldn't feel more welcome here."

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Follow Howard Fendrich on Twitter at http://twitter.com/HowardFendrich

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Mike Tyson’s Controversial ”Law & Order: SVU” Episode Moved Up a Week

LOS ANGELES (TheWrap.com) – NBC is sticking with its decision to cast Mike Tyson in an upcoming episode of “Law & Order: Special Victims Unit.” In fact, it’s moving the episode up a week from its original air date.

Tyson’s guest spot on “SVU” – which sparked outrage online, in light of Tyson’s rape conviction – will air February 6. The episode was originally scheduled to air on February 13.

On the episode, former boxing champ Tyson plays Reggie Rhodes, a murderer on death row who was the victim of a difficult childhood. (Andre Braugher, most recently of ABC’s “Last Resort,” also guest-stars.)

After news of the episode broke, a petition was posted on Change.org, urging NBC to cast someone other than Tyson in the role, or to pull the episode altogether.

“Am I the only one who remembers that Mike Tyson was CONVICTED and sent to prison for raping Desiree Washington?” Marcie Kaveney, an abuse survivor and advocate who started the petition, wrote in her online plea. “I am sorry but I see this as just another way to clean-up his image.”

“While we understand Mr. Tyson has served his time; it seems as though the only person who will benefit from his guest appearance will be him,” the petition, addressed to various NBC executives as well as “SVU” creator Dick Wolf and showrunner Warren Leight, reads. “There are many sexual assault survivors as well as others who consider your decision to be in poor judgment. Mr. Tyson has never publicly apologized to his victim nor has he admitted his crime. In fact, he has publicly ridiculed his victim.”

The petition has so far amassed more than 12,000 signatures.

In 1992, Tyson was convicted of raping beauty pageant contestant Washington. Sentenced to six years in prison, he ultimately served three.

NBC had no comment for TheWrap on why the episode was rescheduled. However, an individual with knowledge of the shuffle told TheWrap that, contrary to earlier reports, the rescheduling is unconnected to the fact that One Billion Rising, a protest in support of female abuse victims, is scheduled to take place the day after the original air date.

Tyson has dabbled in show business in recent years, appearing in cameos in “The Hangover” movie franchise, and performing in a one-man show, “Undisputed Truth,” which is scheduled to begin a tour next month.

TV News Headlines – Yahoo! News

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Healthier schools: Goodbye candy and greasy snacks

WASHINGTON (AP) — Goodbye candy bars and sugary cookies. Hello baked chips and diet sodas.

The government for the first time is proposing broad new standards to make sure all foods sold in schools are more healthful, a change that would ban the sale of almost all candy, high-calorie sports drinks and greasy foods on campus.

Under new rules the Department of Agriculture proposed Friday, school vending machines would start selling water, lower-calorie sports drinks, diet sodas and baked chips instead. Lunchrooms that now sell fatty "a la carte" items like mozzarella sticks and nachos would have to switch to healthier pizzas, low-fat hamburgers, fruit cups and yogurt.

The rules, required under a child nutrition law passed by Congress in 2010, are part of the government's effort to combat childhood obesity. While many schools already have made improvements in their lunch menus and vending machine choices, others still are selling high-fat, high-calorie foods.

Under the proposal, the Agriculture Department would set fat, calorie, sugar and sodium limits on almost all foods sold in schools. Current standards already regulate the nutritional content of school breakfasts and lunches that are subsidized by the federal government, but most lunch rooms also have "a la carte" lines that sell other foods. And food sold through vending machines and in other ways outside the lunchroom has not been federally regulated.

"Parents and teachers work hard to instill healthy eating habits in our kids, and these efforts should be supported when kids walk through the schoolhouse door," said Agriculture Secretary Tom Vilsack.

Most snacks sold in school would have to have less than 200 calories. Elementary and middle schools could sell only water, low-fat milk or 100 percent fruit or vegetable juice. High schools could sell some sports drinks, diet sodas and iced teas, but the calories would be limited. Drinks would be limited to 12-ounce portions in middle schools, and 8-ounce portions in elementary schools.

The standards will cover vending machines, the "a la carte" lunch lines, snack bars and any other foods regularly sold around school. They would not apply to in-school fundraisers or bake sales, though states have the power to regulate them. The new guidelines also would not apply to after-school concessions at school games or theater events, goodies brought from home for classroom celebrations, or anything students bring for their own personal consumption.

The new rules are the latest in a long list of changes designed to make foods served in schools more healthful and accessible. Nutritional guidelines for the subsidized lunches were revised last year and put in place last fall. The 2010 child nutrition law also provided more money for schools to serve free and reduced-cost lunches and required more meals to be served to hungry kids.

Iowa Sen. Tom Harkin, a Democrat, has been working for two decades to take junk foods out of schools. He calls the availability of unhealthful foods around campus a "loophole" that undermines the taxpayer money that helps pay for the healthier subsidized lunches.

"USDA's proposed nutrition standards are a critical step in closing that loophole and in ensuring that our schools are places that nurture not just the minds of American children but their bodies as well," Harkin said.

Last year's rules faced criticism from some conservatives, including some Republicans in Congress, who said the government shouldn't be telling kids what to eat. Mindful of that backlash, the Agriculture Department exempted in-school fundraisers from federal regulation and proposed different options for some parts of the rule, including the calorie limits for drinks in high schools, which would be limited to either 60 calories or 75 calories in a 12-ounce portion.

The department also has shown a willingness to work with schools to resolve complaints that some new requirements are hard to meet. Last year, for example, the government relaxed some limits on meats and grains in subsidized lunches after school nutritionists said they weren't working.

Schools, the food industry, interest groups and other critics or supporters of the new proposal will have 60 days to comment and suggest changes. A final rule could be in place as soon as the 2014 school year.

Margo Wootan, a nutrition lobbyist for the Center for Science in the Public Interest, says surveys done by her organization show that most parents want changes in the lunchroom.

"Parents aren't going to have to worry that kids are using their lunch money to buy candy bars and a Gatorade instead of a healthy school lunch," she said.

The food industry has been onboard with many of the changes, and several companies worked with Congress on the child nutrition law two years ago. Major beverage companies have already agreed to take the most caloric sodas out of schools. But those same companies, including Coca-Cola and PepsiCo, also sell many of the non-soda options, like sports drinks, and have lobbied to keep them in vending machines.

A spokeswoman for the American Beverage Association, which represents the soda companies, says they already have greatly reduced the number of calories kids are consuming at school by pulling out the high-calorie sodas.

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Follow Mary Clare Jalonick on Twitter at http://twitter.com/mcjalonick

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CNN's Sanjay Gupta adds fiction to his workload

LOS ANGELES (AP) — When doctors get called on the carpet by other doctors, it's productive but not always pretty, as neurosurgeon Sanjay Gupta describes it.

Closed-door meetings in which physicians candidly dissect cases that went awry can verge on "dignified versions of street fights," said CNN's globe-trotting correspondent.

He drew on such sessions — commonplace for hospitals, if little publicly known — for his first novel, "Monday Mornings," and is a writer-producer on a new TNT series based on the 2012 book.

The drama, from veteran producer David E. Kelley ("Boston Legal," ''The Practice") and with a heavyweight cast that includes Ving Rhames, Alfred Molina and Bill Irwin, debuts Monday (10 p.m. EST). That's also the day the show's fictional Chelsea General Hospital holds its weekly reviews.

In the real world, such meetings to scrutinize complications and mistakes in patient care can lead to new guidelines, Gupta said.

"They can be simple, like never sedate a patient until they're strapped in on the table," he said, the outcome of an unrestrained patient having taken a tumble. "Some changes are big, some are small, but they are always important. We are always redefining medicine."

In the first episode of "Monday Mornings," brash but dedicated neurosurgeon Dr. Tyler Wilson (Jamie Bamber, "Battlestar Galactica") is grilled for failing to check a patient's medical history. Gupta said he learned his own "searing" lesson, about carefully reviewing lab results, without any harm to the patient.

Do the forums ever become a stage for office politics?

"People do jockey for position in these situations," Gupta replied. "If someone's at the lectern (under scrutiny), anyone can ask questions, not just the chairperson of the department. So the nature and tone of it can change pretty quickly."

The most disturbing inquiries involve an apparently reckless M.D. with "a disregard for the person on the operating table or in the hospital," he said. "You can imagine your own mother or loved in the position of the patient, and those are the most indelible ones of all."

The meetings make for gripping drama on "Monday Mornings." But is a show that focuses on medicine's failures as well as its triumphs potentially a hard sell for audiences?

"ER," TV's once-reigning hospital drama, aired a powerful first-season episode in which decisions by Dr. Mark Greene, the caring, steady lead character played by Anthony Edwards, cost a pregnant woman her life. The story line was a rarity on the show that routinely focused on medical heroics.

The key to making the TNT series work is the "likability" of its physicians, said Bill D'Elia, a producer on "Monday Mornings."

It's crucial to "understand their motivation, understand how good they are, how much they care. So it's not black-and-white" when a character blows it, D'Elia said.

As is the case with non-TV doctors, Gupta said.

A mistake is made and "you think that's a bad doctor. You may even think that's a bad human being, and in some cases you might be right," he said. "But a lot of times you're not, and I think showing the rest of the story, how it may continue to get discussed" is illuminating.

Besides writing for "Monday Mornings," Gupta, 43, makes sure it depicts surgery and the world of medicine accurately.

How Gupta fits the tasks into his already demanding schedule is a medical mystery. As D'Elia said, he never knows if he's talking to the doctor in Atlanta, where Gupta lives with his family and practices, or in another city, sometimes far-flung, as part of his award-winning work for CNN (which, like TNT, is part of Time Warner subsidiary Turner).

"When I talk to him I have this (mental) picture of him in front of a green screen so he can input wherever he is," D'Elia said. "He's as likely to be in Pakistan as New York."

Since joining CNN in 2001, Gupta has covered events including the quake and tsunami in Japan, Hurricane Katrina and the Gulf of Mexico oil disaster. In 2003, while embedded with a Navy medical unit, he reported from Iraq and Kuwait and acted as a doctor as well as a reporter, performing brain surgeries in a desert operating room.

That same year, he got a spot on People magazine's list of the "sexiest men alive."

He anchors the weekend medical affairs program, "Sanjay Gupta MD," is on the staff and faculty at the Emory University School of Medicine in Atlanta, and is an associate chief of neurosurgery at Grady Memorial Hospital.

In 2009, he was approached for the position of surgeon general in the new Obama administration, a post he says he declined because it would have halted his work as a neurosurgeon. He's said he's a supporter of the Affordable Care Act and wants to see it fully implemented to give more Americans coverage.

Gupta learned his work ethic from his parents, who moved from India in the 1960s to work at a Ford plant in Detroit, where he grew up, and is surprised when people ask how he does it all.

"There's a lot of people who work a lot harder than I do and aren't known," he said.

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Online:

http://www.tntdrama.com

___

Lynn Elber can be reached at lelber(at)ap.org and on Twitter (at)lynnelber.

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Apple phones outsell Samsung in the U.S. in the fourth quarter

Bolstered by sales of its iPhone 5, Apple sold more mobile phones in the U.S. in the fourth quarter than any other maker, including its rival Samsung.

It marks the first time since 2008 that Samsung was not the top phone seller in a quarter.

Still, Samsung retained its crown for all of 2012, selling 53 million devices. Apple was second with 43.7 million phones sold.

For the fourth quarter, Apple sold 17.7 million units, or 34% of the phones sold in the quarter, according to a report released Friday morning by Strategy Analytics. That was up from 12.8 million devices sold in the year-earlier period.

Samsung was next with 16.8 million phones, or 32% of all phones sold in the quarter. Total sales  represented an increase for Samsung, which sold 13.5 million phones a year earlier. 

QUIZ: Test your Apple knowledge

"This was a good performance from Samsung, as its market share (of phones sold in the fourth quarter) rose 5 points from 27% a year earlier, but it was not enough to hold off a surging Apple," the report says.

Samsung "will surely be keen to recapture that title in 2013 by launching improved new models such as the rumored Galaxy S4," the report says. 

Third place in the U.S. was LG, which sold 6.9 million phones, 9% of all phones sold during the fourth quarter.

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Reward at $24K for info leading to arrest in shooting of teen

The best friend of Hadiya Pendleton talks about the moments before her friend was shot in Chicago on January 31, 2013. (Heather Charles, Chicago Tribune)

The sixth-grader can barely keep from smiling, self-conscious in front of the camera as she delivers a very serious message.

"Hi, my name is Hadiya. This commercial is informational for you and your future children," she begins. "So many children out there are in gangs and it's your job as students to say no to gangs and yes to a great future."

The video then shows shots of a boy slumped in a stairwell, another boy sprawled against a locker, a girl lying on the floor against a wall as a classmate next to Hadiya says, "So many children in the world have died from gang violence. More than 500 children have died from being in the wrong place at the wrong time."

Four years after Hadiya Pendleton made that public service video at Carter G. Woodson Elementary School, police are saying the same thing about her.

Hadiya had just finished her final exams at King Prep High School, where she was a sophomore, and was hanging out with friends from the school's volleyball team when she was gunned down in a park in the 4400 block of South Oakenwald Avenue. Thursday afternoon, police announced the reward for information leading to an arrest in the shooting had increased to $24,000, up from $11,000 announced Wednesday.

Hadiya and the others had sought shelter from a rainstorm under a canopy at the park around 2:20 p.m. Tuesday when a gunman jumped a fence, ran toward them and opened fire, police said.

As the teens scattered, Hadiya and two teenage boys were shot. Hadiya was hit in the back and pronounced dead at Comer Children's Hospital less than an hour after the shooting. The wounds suffered by the boys were not life-threatening.

Police Superintendent Garry McCarthy stressed that neither Hadiya nor anyone in the group she was with were involved with gangs. But it appears the gunman mistook the students for members of a rival gang, he said. The shooter was last seen fleeing in a white Nissan.

“These were good kids by everything that I learned," McCarthy said at a Wednesday news conference, where a reward of $11,000 was announced. "Wrong place at the wrong time.”

Hadiya was shot a little more than a week after performing with the King College Prep band in Washington during President Barack Obama's inauguration festivities. The shooting occurred in a park about a mile north of Obama's Kenwood home.

The shooting has drawn the attention of both the White House, which is pushing for national gun control, and City Hall as Chicago closes on a violent January. Hadiya was the 42nd homicide victim this year in the city, where killings last year climbed above 500.

Hadiya's father, Nathaniel Pendleton, pleaded for someone to step forward and bring the 15-year-old's killer to justice.

"She was destined for great things," he said.

Hadiya was a majorette with the band at King, one of the city's elite selective-enrollment schools. She dreamed of going to Northwestern University and talked about becoming a pharmacist or a journalist, maybe a lawyer.

Police have reported no arrests.

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Apple loses a U.S. appeals bid in Samsung patent fight

SAN FRANCISCO (Reuters) - A U.S. appeals court on Thursday rejected Apple Inc's request to revive its bid for a sales ban on Samsung's Galaxy Nexus smartphone, dashing the iPhone maker's attempt to recover crucial leverage in the global patent wars.

Apple had asked the full Federal Circuit Court of Appeals in Washington, D.C., to revisit a decision in October by a three-judge panel of the same court. The panel rejected Apple's request to impose a sales ban on Samsung's Nexus smartphone ahead of a trial set for March 2014.

An Apple spokeswoman declined to comment. A Samsung representative could not immediately be reached.

The fight in appeals court comes after Apple won a $1.05 billion verdict last year against Samsung in a U.S. District Court in California. The same trial judge will preside over the legal battle surrounding the Nexus phone, which involves a patent not included in the earlier trial.

The fight has been widely viewed as a proxy war between Apple and Google Inc. Samsung's hot-selling Galaxy smartphones and tablets run on Google's Android operating system, which Apple's late co-founder, Steve Jobs, once denounced as a "stolen product."

In its October ruling against Apple, the appeals court raised the bar for potentially market-crippling injunctions on product sales based on narrow patents for phone features. The legal precedent puts Samsung in a much stronger position by allowing its products to remain on store shelves while it fights a global patent battle against Apple over smartphone technology.

U.S. District Judge Lucy Koh, in San Jose, California, who has presided over much of the Apple/Samsung litigation in the United States, cited the appeals' court decision in a December order rejecting Apple's request for permanent sales bans on several Samsung phones. Apple has appealed Koh's ruling.

Apple wanted the full Federal Circuit of Appeals, made up of nine active judges, to reverse the earlier ruling. But in a brief order on Thursday, the court rejected Apple's request without detailed explanation or any published dissents.

Several experts had believed that Apple faced long odds, as the legal issues in play were not considered controversial enough to spur full court review.

Apple could still appeal to the U.S. Supreme Court. However, the high court has made it more difficult for patent plaintiffs to secure sales injunctions in recent years.

The case in the Federal Circuit is Apple Inc. vs Samsung Electronics Co Ltd et al, 12-1507.

(Reporting By Dan Levine; Editing by John Wallace, Grant McCool and Leslie Adler)

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