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ANTITRUST Tyco unit hit for $420M in medical device suit Los Angeles (AP)-A federal jury has found that a Tyco International Ltd. subsidiary illegally excluded its competitors from the market for pulse oximeters, a device that monitors oxygen levels in blood, and must pay $420 million to Masimo Corp., a California medical devices maker. The jury awarded $140 million to Masimo, which will, however, receive $420 million under U.S. antitrust laws that triple the verdict. The Tyco unit, Nellcor Inc., said it will appeal the verdict. Masimo alleged that Nellcor’s anti-competitive tactics included ensuring that customers lost discounts on other Nellcor and Tyco products unless they bought Nellcor’s pulse oximeters. The devices cost about $2,000 apiece. Clear Channel must pay $90M to rival promoter Chicago (AP)-Clear Channel Communications Inc. must pay a rival promoter $90 million for engaging in anti-competitive behavior to land a deal to promote motorcycle races, a federal jury has decided. Chicago-based Jam Productions Ltd. had accused Clear Channel of illegally using its entertainment industry might to scuttle Jam’s bid to promote Supercross dirt-track motorcycle racing at arenas across the country. Jurors ruled that, while Clear Channel did not violate antitrust laws, the company did intentionally interfere with Jam’s contract and its business relationship with the American Motorcycle Association. They ordered Clear Channel to pay $17 million in lost profits and $73 million in punitive damages. Clear Channel said it would appeal the verdict. CLEAN AIR BP settles emissions breaches suit for $81M Los Angeles (AP)-Energy company BP PLC has agreed to pay $81 million to settle a lawsuit over emissions violations at a refinery in the Los Angeles area. As part of the agreement between BP West Coast Productions and Southern California air-quality officials, BP will pay $30 million over the next three decades toward public health programs in low-income neighborhoods affected by the emissions. Air-quality management officials said that 21 schools were affected by the alleged violations, which occurred mostly between 1991 and 2003. Officials said that in 2003 three schools went into lock-down to protect students from hydrogen sulfide gases, which can cause nausea, headaches and asthma attacks. Under the agreement, the company will pay $25 million in cash penalties, $6 million in past emissions fees and will spend $20 million to reduce emissions. PATENTS Rambus, Infineon settle long-running dispute San Jose, Calif. (AP)-Rambus Inc. and Infineon Technologies A.G. have settled all legal claims against one another in their long-running computer-memory patent dispute. Under the deal, German memory chip maker Infineon will pay Rambus a quarterly license fee of $5.85 million, starting on Nov. 15, 2005, and ending Nov. 15, 2007. After that, Infineon could continue to pay up to an accumulated total of $100 million if certain conditions are met. Rambus, meanwhile, was granted a perpetual license for Infineon’s memory interfaces and agreed to treat the company as a “most-favored customer.” PRODUCTS LIABILITY Ford, Mazda ordered to pay $27M in crash death Chicago (AP)-A Cook County, Ill., jury has awarded the family of a suburban Chicago man $27 million after finding a faulty driver’s seat caused his death in an accident five years ago. The jury ordered Ford Motor Co. and Mazda Motor Corp., the two companies that built the 1996 Ford Escort LX, to pay damages to James Mikolajczyk’s family. The 46-year-old was killed in February 2000 after his Escort was rear-ended. The lawsuit blamed the Escort’s front-seat design as the cause of his death. The crash’s impact bent the driver’s seat backward and allowed Mikolajczyk to slide out from under his seat and slam head-first into the rear portion of the passenger compartment. SHAREHOLDER SUIT JP Morgan pays $120M to settle class action Chicago (AP)-JP Morgan Chase & Co., the owner of the former Bank One Corp., has agreed to pay shareholders $120 million to settle a five-year-old class action. The lawsuit, filed in 2000, stemmed from Banc One’s October 1998 merger with First Chicago NBD Corp., which created Bank One. Shareholders in the suit accused some former Bank One officers and directors of making misleading statements and omissions before the merger about the financial stability of First USA Bank, Bank One’s former credit card business. JP Morgan acquired Bank One in 2004 for $60 billion in stock. The 30,000 shareholders involved in the suit will be paid 41 cents a share after court-awarded fees and expenses. TRADE SECRETS IBM gives Compuware business worth $400M Detroit (AP)-International Business Machines Corp. has agreed to give Compuware $400 million worth of business as part of a settlement ending a five-week-old federal trial. Under the agreement, IBM will license $140 million worth of Compuware Corp. software over four years and will make offers to purchase $260 million worth of Compuware services over four years. Compuware makes software that helps people run the high-end mainframe computers made by IBM. IBM began to sell its own versions of such software in 1999. In its lawsuit, Compuware claimed that IBM stole trade secrets to copy two of its programs.

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