LAPD cops allegedly forced women to have sex in their cars

Two Los Angeles Police Department officers are under investigation for allegedly preying on women over a period of five years, luring them into an unmarked car and forcing them to perform sex acts, according to court records.

Detectives from the LAPD’s internal affairs unit suspect that Officers Luis Valenzuela and James Nichols targeted at least four women whom they had arrested previously or who worked for them as informants, according to a search warrant reviewed by The Times.

The pair repeatedly used the threat of jail to get women into their car and drove them to secluded areas where one of the officers demanded sex while the other kept watch, the warrant alleges.

Valenzuela and Nichols worked together until recently as narcotics officers in the Hollywood Division. Investigators have identified four women who encountered the pair and made similar independent accusations against them.

The warrant cites sexually explicit text messages that one alleged victim claims she exchanged with the officers after their encounters. Last month, investigators obtained the woman’s cellphone and computers in hopes of finding the messages the officers are alleged to have written. The department has yet to examine the electronic devices, a police official said.

Investigators had planned to confront the officers in a surprise operation early next week, but were forced to accelerate those plans Thursday, when one of the women unexpectedly filed a lawsuit against the officers. Fearing that Valenzuela and Nichols might destroy evidence, investigators rushed to sequester the officers and seize their computers and phones, police confirmed.

LAPD Chief Charlie Beck emphasized Thursday that the investigation was ongoing, but added that he was “saddened by the allegations. If they are true, it would be horrific,” he said.

Valenzuela, a 15-year department veteran, and Nichols, a 12-year veteran, were expected to be assigned to their homes pending the outcome of the probe, the head of the internal affairs group said. The officers could not be reached for comment.

The first woman to accuse Valenzuela and Nichols came forward in January 2010, when she told a supervisor in their narcotics unit that the officers had stopped her more than a year earlier, according to the warrant. The woman, who worked as a confidential informant for the narcotics unit and knew the men, said they were dressed in plainclothes and driving a Volkswagen Jetta. Valenzuela threatened to take the woman to jail if she refused to get in the car, then got into the back seat with her and exposed himself, telling the woman to touch him, the warrant said.

An investigation into the woman’s claim went nowhere when the detective assigned to the case was unable to locate her, according to the warrant.

A year later, however, another woman demanded to speak to a supervisor after being arrested and taken to the LAPD’s Hollywood station. Sometime in late 2009, according to the warrant, two officers driving a Jetta pulled up alongside her as she was walking her dog in Hollywood. The officers, whom she recognized as the same cops who had arrested her in a previous encounter, ordered her into the car, the woman recounted. It is not known why she was arrested.

Believing that the officers were investigating a case, the woman said she felt compelled to comply. Valenzuela then got into the back seat with the woman and handed her dog to Nichols, who drove the car a short distance to a more secluded area. “Why don’t you cut out that tough girl crap,” the woman recounted Valenzuela saying as he “unzipped his pants and forced [her] head down toward his lap and physically held her head down” as he forced her to perform oral sex on him, according to police records contained in the warrant.

The woman said she didn’t report the incident immediately because she felt humiliated, thought no one would believe her and feared for her safety. Police noted that the woman displayed erratic behavior while recounting the events. Later, she made violent threats while in custody and was transported to a hospital.

Based on this allegation, the department reopened the investigation into the pair. The investigator assigned to the case interviewed this second accuser and managed, as well, to find the first woman who had come forward the year before. She, too, gave a statement, saying she had refused Valenzuela’s commands to fondle him.

For reasons not explained in the warrant, the department’s investigation made little progress for the next 18 months. During this time, police records show, the officers were transferred, with Valenzuela being reassigned to the Olympic Division and Nichols to the Northeast Division. (Nichols was involved in the high-profile arrest last year of Brian C. Mulligan, an executive at Deutsche Bank, who alleged he was the victim of excessive force. Police contend that Mulligan, while deranged on drugs, charged at Nichols and suffered injuries while Nichols and his partner took him into custody).

Cmdr. Rick Webb, who heads the LAPD’s internal affairs group, declined to comment on the specifics of the probe, but said such cases are often difficult to complete.

The case picked up steam again in July 2012, when a man left a phone message for the vice unit at the Northeast station, saying he was a member of the Echo Park neighborhood watch and had been told by a prostitute that patrol officers in the area were picking up prostitutes and letting them go in exchange for oral sex, the warrant said.

Two more months passed before a third internal affairs officer was assigned to look into the Echo Park claim. The investigator was aware of the earlier allegations against Valenzuela and Nichols and “thought the circumstances and location were very similar.”

It is not clear how, but the investigator identified another two women who reported encounters in which Nichols and Valenzuela had sought sexual favors in exchange for leniency.

One said Nichols had detained her in July 2011, handcuffed her and driven her to a quiet location. Removing the restraints, Nichols exposed himself and said, “You don’t want to go to jail today, do you?” the woman recalled. Fearing she would be arrested, the woman performed oral sex on Nichols, who then released her, she said. She said Nichols had done the same thing to her six years earlier.

The other woman discovered by the internal affairs investigator alleged that she became a confidential informant for Valenzuela and Nichols after she was arrested, according to the warrant. Valenzuela, she said, told her that having sex with him would help her avoid jail, according to the warrant. She alleged that she had sex with the officer twice, once when he was off duty at her apartment in Los Angeles, and the second time in the back seat of an undercover police car while he was on duty. She said she was afraid he would send her back to jail if she refused.

She said Nichols contacted her in January 2011 and told her he would cancel her obligation to inform for him if she would have sex with him.

The woman filed a lawsuit against the city Wednesday, alleging that the officers forced her to have sex with them several times in exchange for keeping her out of jail. The Times in general does not name the victims of alleged sex crimes.

That lawsuit was first reported by City News Service. Despite the officers’ promises, the woman was sentenced to jail in April 2011 and remains there, the lawsuit alleged. A district attorney’s spokeswoman said the woman is serving more than seven years in jail for possession of cocaine with intent to sell and identity theft.

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-- Joel Rubin and Jack Leonard

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India Takes Aim at Poverty With Cash Transfer Program

Manish Swarup/Associated Press

Poor and homeless people waited for food on Tuesday at a New Delhi temple.

NEW DELHI — India has more poor people than any nation on earth, but many of its antipoverty programs end up feeding the rich more than the needy. A new program hopes to change that.

On Jan. 1, India eliminated a raft of bureaucratic middlemen by depositing government pension and scholarship payments directly into the bank accounts of about 245,000 people in 20 of the nation’s hundreds of districts, in a bid to prevent corrupt state and local officials from diverting much of the money to their own pockets. Hundreds of thousands more people will be added to the program in the coming months.

In a country of 1.2 billion, the numbers so far are modest, but some officials and economists see the start of direct payments as revolutionary — a program intended not only to curb corruption but also to serve as a vehicle for lifting countless millions out of poverty altogether.

The nation’s finance minister, Palaniappan Chidambaram, described the cash transfer program to Indian news media as a “pioneering and pathbreaking reform” that is a “game changer for governance.” He acknowledged that the initial rollout had been modest because of “practical difficulties, some quite unforeseen.” He promised that those problems would be resolved before the end of 2013, when the program is to be extended in phases to other parts of the country.

Some critics, however, said the program was intended more to buy votes among the poor than to overcome poverty. And some said that in a country where hundreds of millions have no access to banks, never mind personal bank accounts, direct electronic money transfers are only one aspect of a much broader effort necessary to build a real safety net for India’s vast population.

“An impression has been created that the government is about to launch an ambitious scheme of direct cash transfers to poor families,” Jean Drèze, an honorary professor at the Delhi School of Economics, wrote in an e-mail. “This is quite misleading. What the government is actually planning is an experiment to change the modalities of existing transfers — nothing more, nothing less.”

The program is based on models in Mexico and Brazil in which poor families receive stipends in exchange for meeting certain social goals, like keeping their children in school or getting regular medical checkups. International aid organizations have praised these efforts in several places; in Brazil alone, nearly 50 million people participate.

But one of India’s biggest hurdles is simply figuring out how to distinguish its 1.2 billion citizens. The country is now in the midst of another ambitious project to undertake retinal and fingerprint scans in every village and city in the hope of giving hundreds of millions who have no official identification a card with a 12-digit number that would, among other things, give them access to the modern financial world. After three years of operation, the program has issued unique numbers to 220 million people.

Bindu Ananth, the president of IFMR Trust, a financial charity, said that getting people bank accounts can be surprisingly beneficial because the poor often pay stiff fees to cash checks or get small loans, fees that are substantially reduced for account holders.

“I think this is one of the biggest things to happen to India’s financial system in a decade,” Ms. Ananth said.

Only about a third of Indian households have bank accounts. Getting a significant portion of the remaining households included in the nation’s financial system will take an enormous amount of additional effort and expense, at least part of which will fall on the government to bear, economists said.

“There are two things this cash transfer program is supposed to do: prevent leakage from corruption, and bring everybody into the system,” said Surendra L. Rao, a former director general of the National Council of Applied Economic Research. “And I don’t see either happening anytime soon.”

The great promise of the cash transfer program — as well as its greatest point of contention — would come if it tackled India’s expensive and inefficient system for handing out food and subsidized fuel through nearly 50,000 government shops.

India spends almost $14 billion annually on this system, or nearly 1 percent of its gross domestic product, but the system is poorly managed and woefully inefficient.

Malavika Vyawahare contributed reporting.

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The Secret iPad List to Bring Down Boehener

When the failed House Republican revolution came, it came by iPad. Now that House Speaker John Boehner has survived the rebellion, all of D.C. now knows which conservative House members were conspiring to mount a challenge, thanks to a list that one of the coup’s leaders brandished on the House floor during the vote.

RELATED: United Nation Fights the ‘Asshole Factor’

A Politico photographer captured Rep. Tim Huelskamp of Kansas (pictured above), who Boehner had removed from a committee for refusing to cooperate, tapping his iPad during the roll call, checking off a list of names of other Congressmen he thought might join him in voting against Boehner. The list was titled, appropriately, “You would be fired if this goes out,” Politico’s Jake Sherman and John Bresnahan report. They hedge, “It’s not clear that any of the Republicans on Huelskamp’s list knew they were on it, or even knew of the list’s existence,” but let’s look at who were at least expected to vote against Boehner:

RELATED: Boehner Puts Down House Republican Coup

• Steve King of Iowa


• Cynthia Lummis of Wyoming


• Paul Gosar of Arizona


• Scott Garrett of New Jersey


• Steve Fincher of Tennessee


• Scott Desjarlais of Tennessee

Earlier this week, outgoing Louisiana Rep. Jeff Landry bragged to Breitbart News that the anti-Boehner ranks were 17 to 20 members strong, though in the end, only nine voted against their speaker, while two didn’t vote, and one voted present. Breitbart’s Matthew Boyle reports on Friday that there were several more names on Huelskamp‘s list:

RELATED: Boehner Was Afraid Issa Would Go Full Pumpkin-Shooter on His Holder Probe

• Jeff Duncan of South Carolina


• Mo Brooks of Alabama


• Sam Graves of Missouri


• Steve Southerland of Florida


• Trey Gowdy of South Carolina


• David Schweikert of Arizona


• Tom Cotton of Arkansas


• Brett Guthrie of Kentucky

Perhaps Huelskamp anticipated some would chicken out, since if some poor aide risked being “fired” for the list getting out, surely a House member might fear the wrath of Boehner for actually voting against him.

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Hero Lawyer Gives His House to a Homeless Family for a Year

01/05/2013 at 12:00 PM EST

Felicia Dukes and her four children had been living in a homeless shelter – but now they have a cozy house all their own – thanks to a Los Angeles lawyer who has temporarily given up his residence to the family in need.

Tony Tolbert, 51, decided he wanted to give up his fully furnished home, rent-free for one year, to a struggling family. So he sought out Alexandria House, a homeless shelter for women and children, where he was connected with Dukes.

"You don't have to be Bill Gates or Warren Buffet or Oprah," Tolbert, who has moved back into his parents' house for the year, told CBS News. "We can do it wherever we are, with whatever we have, and for me, I have a home that I can make available."

Dukes, who was joined by her three daughters and son, tearfully tells CBS, "My heart just fills up and stuff … I'm just really happy."

Tolbert says his generous spirit comes from his father, an L.A. entertainment lawyer, who taught his son about the virtues of giving when he was growing up. Tolbert says his dad regularly lent out the family's spare bedroom to someone in need.

"Kindness creates kindness; generosity creates generosity; love creates love," Tolbert said, while emotionally addressing his dad, who has Alzheimer's disease. "I think if we can share some of that and have more stories about people doing nice things for other people, and fewer stories about people doing horrible things to other people, that's a better world."

Tolbert's ways are nothing new, according to his mom Marie, who says, "He's so giving, and he's always been that way."

Know a hero? Send suggestions to heroesamongus@peoplemag.com. For more inspiring stories, read the latest issue of PEOPLE.

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FDA: New rules will make food safer

WASHINGTON (AP) — The Food and Drug Administration says its new guidelines would make the food Americans eat safer and help prevent the kinds of foodborne disease outbreaks that sicken or kill thousands of consumers each year.

The rules, the most sweeping food safety guidelines in decades, would require farmers to take new precautions against contamination, to include making sure workers' hands are washed, irrigation water is clean, and that animals stay out of fields. Food manufacturers will have to submit food safety plans to the government to show they are keeping their operations clean.

The long-overdue regulations could cost businesses close to half a billion dollars a year to implement, but are expected to reduce the estimated 3,000 deaths a year from foodborne illness. The new guidelines were announced Friday.

Just since last summer, outbreaks of listeria in cheese and salmonella in peanut butter, mangoes and cantaloupe have been linked to more than 400 illnesses and as many as seven deaths, according to the federal Centers for Disease Control and Prevention. The actual number of those sickened is likely much higher.

Many responsible food companies and farmers are already following the steps that the FDA would now require them to take. But officials say the requirements could have saved lives and prevented illnesses in several of the large-scale outbreaks that have hit the country in recent years.

In a 2011 outbreak of listeria in cantaloupe that claimed 33 lives, for example, FDA inspectors found pools of dirty water on the floor and old, dirty processing equipment at Jensen Farms in Colorado where the cantaloupes were grown. In a peanut butter outbreak this year linked to 42 salmonella illnesses, inspectors found samples of salmonella throughout Sunland Inc.'s peanut processing plant in New Mexico and multiple obvious safety problems, such as birds flying over uncovered trailers of peanuts and employees not washing their hands.

Under the new rules, companies would have to lay out plans for preventing those sorts of problems, monitor their own progress and explain to the FDA how they would correct them.

"The rules go very directly to preventing the types of outbreaks we have seen," said Michael Taylor, FDA's deputy commissioner for foods.

The FDA estimates the new rules could prevent almost 2 million illnesses annually, but it could be several years before the rules are actually preventing outbreaks. Taylor said it could take the agency another year to craft the rules after a four-month comment period, and farms would have at least two years to comply — meaning the farm rules are at least three years away from taking effect. Smaller farms would have even longer to comply.

The new rules, which come exactly two years to the day President Barack Obama's signed food safety legislation passed by Congress, were already delayed. The 2011 law required the agency to propose a first installment of the rules a year ago, but the Obama administration held them until after the election. Food safety advocates sued the administration to win their release.

The produce rule would mark the first time the FDA has had real authority to regulate food on farms. In an effort to stave off protests from farmers, the farm rules are tailored to apply only to certain fruits and vegetables that pose the greatest risk, like berries, melons, leafy greens and other foods that are usually eaten raw. A farm that produces green beans that will be canned and cooked, for example, would not be regulated.

Such flexibility, along with the growing realization that outbreaks are bad for business, has brought the produce industry and much of the rest of the food industry on board as Congress and FDA has worked to make food safer.

In a statement Friday, Pamela Bailey, president of the Grocery Manufacturers Association, which represents the country's biggest food companies, said the food safety law "can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal."

The new rules could cost large farms $30,000 a year, according to the FDA. The agency did not break down the costs for individual processing plants, but said the rules could cost manufacturers up to $475 million annually.

FDA Commissioner Margaret Hamburg said the success of the rules will also depend on how much money Congress gives the chronically underfunded agency to put them in place. "Resources remain an ongoing concern," she said.

The farm and manufacturing rules are only one part of the food safety law. The bill also authorized more surprise inspections by the FDA and gave the agency additional powers to shut down food facilities. In addition, the law required stricter standards on imported foods. The agency said it will soon propose other overdue rules to ensure that importers verify overseas food is safe and to improve food safety audits overseas.

Food safety advocates frustrated over the last year as the rules stalled praised the proposed action.

"The new law should transform the FDA from an agency that tracks down outbreaks after the fact, to an agency focused on preventing food contamination in the first place," said Caroline Smith DeWaal of the Center for Science in the Public Interest.

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Girl found dead in snow after casino New Year's Eve party

After days of searching, the body of a teenager missing since New Year’s Eve was found in the snow near South Lake Tahoe.

Authorities said there was no evidence of foul play but stressed the investigation was continuing.

Alyssa Byrne, 19, went to the Snow Globe Music Festival in South Lake Tahoe on Monday night and hadn't been seen since.

"Our preliminary investigation with this morning's discovery, it would
tend to point in the direction that Alyssa had elected to walk home from
the event," Douglas County sheriff's official  Paul Howell told reporters at a news conference.

A utility worker found the body, later identified as Byrne's, about
10 feet from a road. The body was not visible from the road because of high piles of snow.

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Police Captain in Benghazi Is Abducted

BENGHAZI, Libya (Reuters) — Police officials said Thursday that they were searching for the chief of Benghazi’s criminal investigations unit, who was seized by armed men the night before.

The chief, Capt. Abdel-Salam al-Mahdawi, had been ready to identify suspects in the death of a former police chief, officials said. He was taken by force “under the threat of weapons from a location close to the criminal investigation police offices,” said one police official who requested anonymity because he was not authorized to speak to the news media.

The former police chief, Faraj al-Deirsy, was shot to death in front of his home in November, according to the police and Interior Ministry officials.

Benghazi, the cradle of an armed uprising that led to the end of Col. Muammar el-Qaddafi’s rule in Libya, has been plagued by poor security and the assassination of police and military officers by militias. The United States ambassador to Libya and three other Americans were killed in an attack on the United States diplomatic mission in Benghazi in September.

A body charred by hydrochloric acid was found in the city’s Buhmeida district, Chief Mustafa al-Regayig of the Benghazi police told state radio. It has not been identified yet, he said.

“We can’t confirm or deny that the body is of Captain Mahdawi at this time,” he said.

Police investigators and legal experts have avoided taking on that case because they say they have not been guaranteed protection from groups they believe carried out the attack.

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Did Microsoft Just Announce the Next Xbox with a Countdown? Probably.

Go countdowns, saving marketing departments untold piles of cash! Microsoft’s Larry Hryb, colloquially known by his Xbox LIVE handle “Major Nelson,” just threw one up on his blog, and it’s causing precisely the sort of speculative stir the company doubtless intended.

“And it’s on…” reads the ultra-austere post, followed by a simple Flash-based timer titled “Counting down to E3 2013″ (cribbed from a generic countdown-building site).

“O rly?” as a certain memetic predator might say.

I won’t speculate past the probability of the new console itself — everything I’ve noticed about specs and pricing amounts to echo chamber gossip. If you’d rather just goof around, hop on over to NeoGAF, where gamers go mostly to make fun of each other (and everything between), and you’ll find a rollicking thread full of cracks, quips, the usual goofy/creepy animated GIFs and occasional chants of “Let’s go, Durango” (“Durango” is supposedly what the next Xbox’s development kits are codenamed).

Could the countdown be to anything but the next Xbox? At this point, much as I’d like to see Microsoft wait another year or two before introducing new hardware to give developers more time to do amazing things with the Xbox 360′s more than competent internals, and as gimmicky as countdowns are, this one’s punchline feels inexorable.

Besides, imagine the disappointment in five months if it turned out to be simply a new franchise, the next Halo or heaven forbid, a standalone “Kinect 2.”

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Alison Sweeney Blogs: Biggest Loser's Kid Contestants Will Inspire Change

TV Watch

The Biggest Loser

By Alison Sweeney

01/04/2013 at 12:55 PM EST

Alison Sweeney hosts NBC's The Biggest Loser and is the award-winning star of Days of Our Lives, in addition to being an author, director, producer, wife and mom. Like she has for the past two seasons, Alison will blog each week about the latest episode of The Biggest Loser. Follow her on Twitter @Ali_Sweeney

Happy New Year!

I'm in New York for an appearance on Today to talk about the season 14 of The Biggest Loser. Having taken some time between seasons, I have to say, I really missed being on the Ranch and with the show trainers and contestants. When I introduced Bob Harper and Dolvett Quince to the crowd the first day of production, and then welcomed back Jillian Michaels, the reaction was exhilarating. Then, to welcome such a great group of contestants and surprise the audience with our three kids was AWESOME!

The childhood obesity epidemic in our country is frightening to me, particularly as a mom to two young children. I was heartbroken a few seasons ago when Max Morelli couldn't be part of the show because he was too young. I'm so glad the producers figured out a way for kids who want help to receive that help from the best in the business. These kids truly can inspire a change.

As I mentioned on The Ellen DeGeneres Show yesterday, my family and I spent the holidays skiing and snowboarding in Mammoth in California, and let me tell you – it was incredible! A gorgeous setting, tons of outdoor activities and waking up to snow on Christmas morning was just incredible. And between shoveling snow and hiking up the hill for a rogue snowboard, I got in several pretty tough workouts. At one point, Ben (my son) was so soaked from playing in the snow that I thought his clothes were going to freeze while he was wearing them!

We came back to Los Angeles a bit early for me to start 2013 doing the work that I love. First, I co-hosted the Tournament of Roses Parade for NBC with Al Roker. Having grown up in Pasadena, and having gone to the parade each year as a kid, the opportunity to co-host was one I couldn't pass up. The morning was definitely a very early one (which was a great excuse to have a quiet New Year's Eve at home with my family). Each of the floats was more gorgeous than the next and I loved the Dr. Seuss theme. My dad brought my kids to the route, where they got to come see me getting ready, and gushed about how amazing the floats are close-up. The horses were Megan's favorites, of course!

Yesterday's interview with Ellen was the first time I've seen her since our Jenga rematch. I never know what Ellen has in store for me when I'm on the show but I do know that I always have a good time while there. I had no idea we were going to play Guesstures. Ha! What fun. I love visiting Ellen. I always love reading your responses to our conversations on Twitter and Facebook.

Have you seen promos for the new season of The Biggest Loser? Are you excited for the show's return on Sunday (9 p.m. ET) and Monday (8 p.m. ET)? Are you ready to join Challenge America when the show premieres on Sunday and unlock the secrets to the Ranch? If so, you can pre-register now at biggestloser.com. Also make sure to follow me at @Ali_Sweeney and keep me posted on your thoughts throughout the season (or just laugh at some of the funny stuff I Tweet!).

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Indian court to rule on generic drug industry

NEW DELHI (AP) — From Africa's crowded AIDS clinics to the malarial jungles of Southeast Asia, the lives of millions of ill people in the developing world are hanging in the balance ahead of a legal ruling that will determine whether India's drug companies can continue to provide cheap versions of many life-saving medicines.

The case — involving Swiss drug maker Novartis AG's cancer drug Glivec — pits aid groups that argue India plays a vital role as the pharmacy to the poor against drug companies that insist they need strong patents to make drug development profitable. A ruling by India's Supreme Court is expected in early 2013.

"The implications of this case reach far beyond India, and far beyond this particular cancer drug," said Leena Menghaney, from the aid group Doctors Without Borders. "Across the world, there is a heavy dependence on India to supply affordable versions of expensive patented medicines."

With no costs for developing new drugs or conducting expensive trials, India's $26 billion generics industry is able to sell medicine for as little as one-tenth the price of the companies that developed them, making India the second-largest source of medicines distributed by UNICEF in its global programs.

Indian pharmaceutical companies such as Cipla, Cadila Laboratories and Lupin have emerged over the past decade as major sources of generic cancer, malaria, tuberculosis and AIDS drugs for poor countries that can't afford to pay Western prices.

The 6-year-old case that just wrapped up in the Supreme Court revolves around a legal provision in India's 2005 patent law that is aimed at preventing companies from getting fresh patents for making only minor changes to existing medicines — a practice known as "evergreening."

Novartis' argued that a new version of Glivec — marketed in the U.S. as Gleevec — was a significant change from the earlier version because it was more easily absorbed by the body.

India's Patent Controller turned down the application, saying the change was an obvious development, and the new medicine was not sufficiently distinct from the earlier version to warrant a patent extension.

Patient advocacy groups hailed the decision as a blow to "evergreening."

But Western companies argued that India's generic manufacturers were cutting the incentive for major drug makers to invest in research and innovation if they were not going to be able to reap the exclusive profits that patents bring.

"This case is about safeguarding incentives for better medicines so that patients' needs will be met in the future," says Eric Althoff, a Novartis spokesman.

International drug companies have accused India of disregarding intellectual property rights, and have pushed for stronger patent protection that would weaken India's generics industry.

Earlier this year, an Indian manufacturer was allowed to produce a far cheaper version of the kidney and liver cancer treatment sorefinib, manufactured by Bayer Corp.

Bayer was selling the drug for about $5,600 a month. Natco, the Indian company, said its generic version would cost $175 a month, less than 1/30th as much. Natco was ordered to pay 6 percent in royalties to Bayer.

Novartis says the outcome of the new case will not affect the availability of generic versions of Glivec because it is covered by a grandfather clause in India's patent law. Only the more easily absorbed drug would be affected, Althoff said, adding that its own generic business, Sandoz, produces cheap versions of its drugs for millions across the globe.

Public health activists say the question goes beyond Glivec to whether drug companies should get special protection for minor tweaks to medicines that others could easily have uncovered.

"We're looking to the Supreme Court to tell Novartis it won't open the floodgates and allow abusive patenting practices," said Eldred Tellis, of the Sankalp Rehabilitation Centre, a private group working with HIV patients.

The court's decision is expected to be a landmark that will influence future drug accessibility and price across the developing world.

"We're already paying very high prices for some of the new drugs that are patented in India," said Petros Isaakidis, an epidemiologist with Doctors Without Borders. "If Novartis' wins, even older medicines could be subject to patenting again, and it will become much more difficult for us in future to provide medicines to our patients being treated for HIV, hepatitis and drug resistant TB."

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