Consumer spending inched up 0.2% in May to lift the markets to a modestly higher open with the Dow rising 36 points to 10,180. Nasdaq gained 8 points to 2232.

On the upside

Orexigen Therapeutics (Nasdaq: OREX) that its Contrave treatment significantly improved depressive symptoms and contributed to weight loss in overweight patients with major depression.

Sprint (NYSE: S) launched its 4G mobile wireless service in Richmond, Salt Lake City, and St. Louis.

Noble Corp. (NYSE: NE) will pay approximately $2.16 billion to acquire Frontier Drilling.

The Supreme Court rejected government appeals to seek millions from tobacco companies for concealing the dangers of tobacco. Shares of Philip Morris parent Altria Group (NYSE: MO) climbed.

On the downside

Medicare will maintain the reimbursement rate for CardioNet's (Nasdaq: BEAT) mobile cardiovascular telemetry rather than raise rates.

EpiCept (Nasdaq: EPCT) priced its offering of 6.1 million common shares at $1.10 per share.

In the broad market, declining issues outpaced advabcers by a margin of nearly 5 to 4 on the NYSE and by more than 7 to 5 on Nasdaq. The Russell 2000 which tracks small cap stocks eased a point to 643.