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ANTITRUST E.U. fines Microsoft $357M for flouting order Brussels (AP)-The European Union has imposed a $357 million fine on Microsoft Corp. and threatened greater penalties in the future unless the software giant obeys a 2004 antitrust order to share technical details of its Windows operating system with rivals. Microsoft was fined $613 million in 2004. The company also faces new penalties of $3.82 million per day beginning on July 31. The E.U. told the company to supply “complete and accurate technical specifications” to developers to help them make software for servers that help computers running Windows, printers and other devices on a network talk to each other. The E.U. accused Microsoft of using its monopoly position with Windows to elbow into the new server software market. CLASS ACTION Protective armor maker settles suits for $34.9M Pompano Beach, Fla. (AP)-Body armor maker DHB Industries Inc. has said that it will pay $34.9 million, replace several directors and adopt new corporate governance standards to settle pending class actions and shareholder suits. The class action charged DHB and its executives with making false and misleading statements about the company’s finances and the quality of its products. DHB will pay $34.9 million in cash and 3.2 million shares of stock to settle the securities class actions. FRAUD Financier pays $130M to settle rigged bid charges New York (AP)-Money manager Mario Gabelli and related companies will pay $130 million to resolve civil fraud allegations that Gabelli created fake companies to gain an unfair advantage in auctions of cellphone spectrum conducted by the Federal Communications Commission between 1995 and 2000. The federal government had sought to intervene in a five-year-old lawsuit brought by private parties accusing Gabelli and others of rigging the system by creating phony companies that bid for wireless phone licenses at a discount under rules favoring minority and small businesses. Gabelli then allegedly resold the licenses at a profit. NEGLIGENCE Misused pension fund charges settle for $10.8M Milwaukee (AP)-Employees of the former Harnischfeger Industries have accepted $10.8 million to settle a lawsuit claiming that the company’s pension fund did not warn them about the risk of investing heavily in the company as Harnischfeger headed toward bankruptcy. The lawsuit claimed that the defendants allowed Harnischfeger’s 401(k) assets to be invested in Harnischfeger stock when it was an unsuitable retirement investment. The former Milwaukee-based manufacturer of mining equipment and machines used in the paper industry emerged from bankruptcy as Joy Global, a Milwaukee mining-equipment company. PATENTS Drug maker, professor pay university $25M Huntsville, Ala. (AP)-The University of Alabama in Huntsville has settled a patent infringement lawsuit it filed against biotechnology drug maker Nektar Therapeutics and a former university professor for $25 million. Under the settlement, San Carlos, Calif.-based Nektar, paid $11 million to the university, and Dr. Milton Harris, founder of Nektar Alabama and a former chemistry professor at the university, paid $4 million. In addition, Nektar will pay $1 million annually for 10 years to the university. The lawsuit claimed that Harris obtained several patents for work he did as member of the faculty without informing the school. The lawsuit said that the patents were university property. Eye-care makers settle disputes over products Fort Worth, Texas (AP)-Eye-care product makers Alcon Inc. has said that it will pay rival Advanced Medical Optics Inc. $121 million as part of a settlement that resolves all their pending patent suits. Alcon and Advanced Medical agreed on the dismissal of four suits pending between them involving surgical systems, software upgrades and other products. PRODUCTS LIABILITY Merck wins lawsuit over Vioxx user’s heart attack Atlantic City. N.J. (AP)-A New Jersey state jury handed Merck & Co. a crucial legal victory by deciding that the drug maker’s Vioxx painkiller, currently the subject of at least 16,000 products liability lawsuits, did not cause a 68-year-old woman’s heart attack. The victory was the fourth in seven Vioxx trials for Whitehouse Station, N.J.-based Merck. The jury found that Vioxx was not a major factor in Elaine Doherty’s 2004 heart attack. Merck argued that the company had disclosed the drug’s risks appropriately and that Doherty’s cardiac risk factors-including obesity, diabetes, high blood pressure and high cholesterol-were responsible for her heart attack. WAGES AND HOURS State settles unequal pay charges, pays out $30M Olympia, Wash. (AP)-The state of Washington has agreed to pay about $30 million to settle a lawsuit that accused state government of paying unequal salaries to some workers. The plaintiffs in the case argued that the state unfairly offered different wages to workers who performed similar jobs in different areas of state government. The state had claimed that some workers-those in higher education as opposed to those in general agencies-were in separate classes of employment.

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