NYMag says
The sequel to the successful reboot of Star Trek has been a long-in-development priority for Paramount and director J.J. Abrams, and the Enterprise is currently scheduled to lift off again this January, when shooting on the untitled next installment will begin. Sadly, there's one high-profile star whom Abrams didn't manage to beam up: Benicio Del Toro, who entered into talks last month to play the sequel's new villain. Insiders tell Vulture that the deal actually went asunder last Wednesday after parties couldn't come to terms over monetary issues.
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Some reports say Khan, some say not - Regardless of the role he was set to play, this bit of news is a bit of a bummer. He would have been a huge asset for this movie.
HMMMM...Seems to me that this could still confirm that Khan is the bad guy for the new movie. JJ may have said NO that Del Toro would not be playing Khan, but it seems that the talks broke down last Wednesday and he disputed this claim on Friday. Perhaps it still is Khan in the movie?
thats too bad
I would've liked to see him as a villain in this movie.