Supreme Court to Hear Monsanto Seed Patent Case

Aaron P. Bernstein for The New York Times

Vernon Hugh Bowman, an Indiana farmer, is challenging Monsanto, the world's largest seed company, over genetically modified crops.

With his mere 300 acres of soybeans, corn and wheat, Vernon Hugh Bowman said, “I’m not even big enough to be called a farmer.”

Yet the 75-year-old farmer from southwestern Indiana will face off Tuesday against the world’s largest seed company, Monsanto, in a Supreme Court case that could have a huge impact on the future of genetically modified crops, and also affect other fields from medical research to software.

At stake in Mr. Bowman’s case is whether patents on seeds — or other things that can self-replicate — extend beyond the first generation of the products.

It is one of two cases before the Supreme Court related to the patenting of living organisms, a practice that has helped give rise to the biotechnology industry but which critics have long considered immoral. The other case, involving a breast cancer risk test from Myriad Genetics, will determine whether human genes can be patented. It is scheduled to be heard April 15.

Monsanto says that a victory for Mr. Bowman would allow farmers to essentially save seeds from one year’s crop to plant the next year, eviscerating patent protection. In Mr. Bowman’s part of Indiana, it says, a single acre of soybeans can produce enough seeds to plant 26 acres the next year.

Such a ruling would “devastate innovation in biotechnology,” the company wrote in its brief. “Investors are unlikely to make such investments if they cannot prevent purchasers of living organisms containing their invention from using them to produce unlimited copies.”

The decision might also apply to live vaccines, cell lines and DNA used for research or medical treatment, and some types of nanotechnology.

Many organizations have filed briefs in support of Monsanto’s position — universities worried about incentives for research, makers of laboratory instruments and some big farmer groups like the American Soybean Association, which say seed patents have spurred crop improvements. The Justice Department is also supporting Monsanto’s argument.

BSA/The Software Alliance, which represents companies like Apple and Microsoft, said in a brief that a decision against Monsanto might “facilitate software piracy on a broad scale” because software can be easily replicated. But it also said that a decision that goes too far the other way could make nuisance software patent infringement lawsuits too easy to file.

Some critics of biotechnology say that a victory for Mr. Bowman could weaken what they see as a stranglehold that Monsanto and some other big biotech companies have over farmers, which they say has led to rising seed prices and the lack of high-yielding varieties that are not genetically engineered.

Patents have “given seed companies enormous power, and it’s come at the detriment of farmers,” said Bill Freese, science policy analyst for the Center for Food Safety, which was an author of a brief on the side of Mr. Bowman. “Seed-saving would act as a much needed restraint on skyrocketing biotech seed prices.”

Farmers who plant seeds with Monsanto’s technology must sign an agreement not to save the seeds, which means they must buy new seeds every year.

Monsanto has a reputation for vigorously protecting its intellectual property.

The Center for Food Safety, which has tracked the cases, said Monsanto had filed more than 140 patent infringement lawsuits involving 410 farmers and 56 small farm businesses, and had so far received $23.67 million in recorded judgments. The center says there are many other cases in which farmers settled out of court or before a suit was filed.

Monsanto says it must stop infringers to be fair to the large majority of farmers who do pay to use its technology.

But Monsanto typically exercises no control over soybeans or corn once farmers sell their harvested crops to grain elevators, which in turn sell them for animal feed, food processing or industrial use.

Mr. Bowman said that for his main soybean crop, he honored Monsanto’s agreement, buying new seeds each year containing the Roundup Ready gene, which makes the plants immune to the herbicide Roundup. That technology is hugely popular, used in more than 90 percent of the nation’s soybeans, because it allows farmers to spray fields to kill weeds without hurting the crop.

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Meteorite Fragments Are Said to Rain Down on Siberia; 400 Injuries Reported

MOSCOW – A shower of falling objects, tentatively identified as fragments of a meteorite, was reported in Siberia early on Friday, damaging buildings across a vast swath of territory. More than 400 people were reported to have been injured, most from breaking glass.

But four hours after the objects fell to earth, emergency officials had reported no deaths.

Yelena Smirnykh, a spokeswoman for the Ministry of Emergency Situations, told Ekho Moskvy radio that she believed the meteorite broke apart and fell in several places. Another government expert, who spoke to Moscow FM radio station, said he believed it may have been a bolide, a type of fireball meteor that explodes in the earth’s atmosphere because of its composition or angle of entry and can be observed from the ground.

However, the governor of the Ural region reported that a search team had found an impact crater on the outskirts of a city about 50 miles west of Chelyabinsk, which would indicate the meteor did not explode in the atmosphere. Several fragments were also reported to have hit the earth around the city of Satka.

Dozens of amateur videos of the event were broadcast on Friday morning. They showed bright objects streaking through a clear morning sky, leaving a thick trail of white vapor.

Video clips from the city of Chelyabinsk showed an early morning sky illuminated by a brilliant flash, followed by the sound of breaking glass and multiple car alarms apparently triggered by the impact, which was powerful enough to shatter dishes and televisions inside people’s homes.

Dozens of amateur videos of the event were broadcast on Friday morning. They showed bright objects streaking through a clear morning sky, leaving a thick trail of white vapor.

“I saw a flash in the window, turned toward it and saw a burning cloud, which was surrounded by smoke and was going downward – it reminded me of what you see after an explosion,” said Maria Polyakova, 25, head of reception at the Park-City Hotel in Chelyabinsk.

She said the explosion occurred shortly thereafter, shattering the thick glass doors on the hotel’s first floor. She said the hotel was evacuated, but that there was no panic. Emergency officials in Chelyabinsk reported that at least four people were injured by broken glass at a school, according to the Interfax news agency. Authorities said windows facing the point of impact broke throughout the city.

“Now we have many calls about trauma, cuts and bruises,” Igor Murog, a deputy governor of the Ural region, told Interfax.

A video made outside a building in Chelyabinsk captured a blast strong enough to break windows far from the point of impact and the astonished voices of witnesses who were uncertain what it was they had just seen.

“Maybe it was a rocket,” said one man, who rushed outside onto the street along with his co-workers when the object hit, far out of sight. A man named Artyom, who spoke to the Moscow FM radio station, said the explosion was enormous.

“I was sitting at work and the windows lit up and it was as if the whole city was illuminated, and I looked out and saw a huge streak in the sky and it was like that for two or three minutes and then I heard these noises, like claps,” he said. “And then all the dogs started barking.”

On impact, he said balconies shook and windows shattered. He said he did not believe it was a meteorite. “We are waiting for a second piece, that is what people are talking about now,” he said.

There were reports that falling objects were visible as far away as Yekaterinburg, 125 miles southeast of Chelyabinsk. A police official told Interfax that authorities had identified one meteorite’s point of impact, in a sparsely populated area around 50 miles outside the city of Satka.

Siberia stretches the length of Asia and there is a history of meteor and asteroid showers there. In 1908 a powerful explosion was reported near the Tunguska River in central Siberia, its impact so great that trees were flattened for 25 miles around. Generations of scientists have studied that event, analyzing particles that were driven into the earth’s surface as far away as the South Pole. A study published in the 1980s concluded the object weighed a million tons.

Viktor Klimenko contributed reporting.

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Pistorius at court for bail hearing in murder case

PRETORIA, South Africa (AP) — Oscar Pistorius has arrived at a courthouse for his bail hearing in the murder case of his girlfriend as South Africans braced themselves for the latest development in a story that has stunned the country.

The Paralympic superstar was earlier seen leaving a police station in a dark suit with a charcoal gray jacket covering his head as he got into a police vehicle.

Dozens of photographers and TV camera operators crowded into Courtroom C at Pretoria Magistrate's Court, where proceedings were due to begin at 10 a.m. (0800 GMT). Pretoria chief magistrate Desmond Nair is to hear Pistorius' bail application.

Model Reeva Steenkamp was shot and killed at Pistorius' upmarket home in an eastern suburb of the South African capital in the predawn hours of Thursday.

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Well: Ask Well: Swimming to Ease Back Pain

Many people find that recreational swimming helps ease back pain, and there is research to back that up. But some strokes may be better than others.

An advantage to exercising in a pool is that the buoyancy of the water takes stress off the joints. At the same time, swimming and other aquatic exercises can strengthen back and core muscles.

That said, it does not mean that everyone with a case of back pain should jump in a pool, said Dr. Scott A. Rodeo, a team physician for U.S.A. Olympic Swimming at the last three Olympic Games. Back pain can have a number of potential causes, some that require more caution than others. So the first thing to do is to get a careful evaluation and diagnosis. A doctor might recommend working with a physical therapist and starting off with standing exercises in the pool that involve bands and balls to strengthen the core and lower back muscles.

If you are cleared to swim, and just starting for the first time, pay close attention to your technique. Work with a coach or trainer if necessary. It may also be a good idea to start with the breaststroke, because the butterfly and freestyle strokes involve more trunk rotation. The backstroke is another good option, said Dr. Rodeo, who is co-chief of the sports medicine and shoulder service at the Hospital for Special Surgery in New York.

“With all the other strokes, you have the potential for some spine hyperextension,” Dr. Rodeo said. “With the backstroke, being on your back, you don’t have as much hyperextension.”

Like any activity, begin gradually, swimming perhaps twice a week at first and then progressing slowly over four to six weeks, he said. In one study, Japanese researchers looked at 35 people with low back pain who were enrolled in an aquatic exercise program, which included swimming and walking in a pool. Almost all of the patients showed improvements after six months, but the researchers found that those who participated at least twice weekly showed more significant improvements than those who went only once a week. “The improvement in physical score was independent of the initial ability in swimming,” they wrote.

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DealBook: S.E.C. Is Said to Be Investigating Trading Before Heinz Deal

Regulators are scrutinizing unusual trading surrounding the planned $23 billion takeover of the food company H. J. Heinz, raising questions about potential illegal activity in one of the biggest deals in recent memory, a person briefed on the matter said.

The Securities and Exchange Commission opened an insider trading inquiry on Thursday as Berkshire Hathaway and the investment firm 3G Capital agreed to pay $72.50 a share for Heinz, this person said. Regulators first noticed a suspicious spike in trading on Wednesday.

If the S.E.C.’s preliminary inquiry turns into a broader investigation, it could cast a shadow over the deal. As part of the process, authorities would turn their focus toward the limited universe of insiders who could have tipped off traders about the deal.

The agency’s inquiry is expected to be centered on options trading in Heinz, activity that soared this week as news of the deal circulated Wall Street. In what is known as a call option, investors can place a bullish bet on a stock, without actually committing to buy the shares. Instead, investors have the opportunity to buy at a given price and future date.

As recently as Tuesday, there was scant activity in Heinz options. But by Wednesday, as the companies were putting the finishing touches on the deal, options trading jumped, data from Bloomberg shows.

The price of Heinz’s stock soared after the deal was announced. The stock finished up nearly 20 percent on Thursday to close at $72.50, matching the offer price.

The S.E.C. is focusing on the sudden leap in options trading Wednesday, building on a related case it filed last year that also involved 3G, a company with Brazilian roots. In September, the agency obtained an emergency court order to freeze the assets of a Brazilian man suspected of insider trading around 3G Capital’s takeover of Burger King. The trader, a Brazilian citizen who worked at Wells Fargo in Miami, reportedly received the tip from a 3G investor.

Neither the company nor any individual at 3G has been accused of any wrongdoing in that case or in the Heinz inquiry.

While the inquiry is in its early stages, the person briefed on the matter said that regulators could take relatively prompt action. If it is concerned that traders might move the money overseas, the S.E.C. could ask a federal court to freeze the traders’ assets.

The S.E.C. routinely opens inquiries into trading activity after major mergers are announced, but often does not bring charges. The agency, however, has renewed its focus on insider trading, mounting dozens of cases in recent years.

An S.E.C. spokesman declined to comment. Bloomberg News earlier reported that S.E.C. investigators were reviewing the surge in Heinz options trading.

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Woman Found Fatally Shot at Home of Pistorius

Emilio Morenatti/Associated Press

Oscar Pistorius, the South African Olympic and Paralympic track star, has been arrested after a woman was shot dead at his home.

JOHANNESBURG — South African police and media reports said on Thursday that Oscar Pistorius, a Paralympic gold medal sprinter nicknamed Blade Runner, was being questioned after his girlfriend was fatally shot at his home in Pretoria, possibly mistaken for an intruder. Police said a man had been arrested, but did not identify him by name.

Mr. Pistorius, 26, who races using carbon fiber prosthetic blades, won two gold medals and a silver at last year’s Paralympic Games in London. He was the first double amputee to also run in the Olympics, where reached the 400-meter semifinal and competed in the 4x400-meter relay.

He is one of South Africa’s best-known athletes.

“We found a 9-mm pistol at the scene. A 26-year-old man was taken into custody,” a police spokeswoman, Katlego Mogale, told Reuters without giving further detail.

Capt. Sarah Mcira, another police spokeswoman, said: “There is a woman who was shot by Oscar Pretorius.”

Johannesburg’s Talk Radio 702 said the victim was thought to have been struck in the head and arm in circumstances that have not been fully explained. But the radio said she may have been mistaken for a burglar.

In the Paralympics last September, Mr. Pistorius won individual gold, when he successfully defended his Paralympic 400 meter title. He had lost his 100- and 200-meter titles, but was part of the gold medal-winning 4x100 meter relay team. He same second in the 200 meter race.

After that contest, Mr. Pistorius damaged his reputation among his followers by criticizing the winner, Alan Oliveira of Brazil, raising questions about the length of the winner’s blades. Mr. Pistorius later apologized and praised the gold medalist in the 100 meter race, Jonnie Peacock of Britain. Mr. Pistorius, who was born without fibulas, had both legs amputated below the knee before his first birthday and he battled for many years to compete against able-bodied athletes. In 2008, he qualified for the Beijing Games but was ruled ineligible by track’s world governing body because his blades were deemed to give him a competitive advantage.

South African journalists said Mr. Pistorius lived in an upscale, walled complex near the South Africa capital of Pretoria and said his girlfriend was a fashion model. South Africa has a high crime rate. and elaborate security precautions, as well as personal weapons, are not uncommon.

A reporter outside the complex on Thursday said it was protected by high walls and razor wire.

Lydia Polgreen reported from Johannesburg, and Alan Cowell from Paris.

This article has been revised to reflect the following correction:

Correction: February 14, 2013

An earlier version of this article referred incorrectly in one reference to the sprinter at whose home a woman was fatally shot. He is Oscar Pistorius, not Pretorias.

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Pistorius arrested after woman shot at his home

PRETORIA, South Africa (AP) — Olympic sprinter Oscar Pistorius was arrested Thursday after a 30-year-old woman was shot dead at his home in South Africa.

Police said the 26-year-old Pistorius, a double-amputee known as "Blade Runner," was taken into custody after the shooting early Thursday morning at his home in a gated complex.

Lt. Col. Katlego Mogale told The Associated Press that police received a call that there had been a shooting at the runner's home. Mogale said when police arrived, they found paramedics trying to revive the woman, who had been shot an unspecified number of times. Mogale, who was at the scene, said the woman died at the home. Police have not released the name of the woman.

Officers found a 9-mm pistol at Pistorius' home. Mogale said Pistorius was expected to appear in court later Thursday.

Several South African media outlets reported that the woman was Pistorius' girlfriend and that he may have mistaken her for a burglar and shot her, but police did not clarify the woman's relationship to Pistorius.

South Africa's Sports Confederation and Olympic committee released a statement saying they had been "inundated" with requests for comment, but were not in a position to give out any details of the shooting.

"SASCOC, like the rest of the public, knows no more than what is in the public domain, which is there has been an alleged fatal shooting on the basis of a mistaken identity and an apparent assumption of a burglary," the South African Olympic committee said. "The organization is in no position to comment on the incident other than to say our deepest sympathy and condolences have been expressed to the families of all concerned."

SACOC said it would be inappropriate to comment because of the ongoing police investigation.

Pistorius made history in London last year when he became the first double-amputee track athlete to compete in the Olympic Games. He is one of South Africa's and the world's most famous athletes.

Having had both his legs amputated below the knee before his first birthday because of a congenital condition, he campaigned for years to be allowed to compete against able-bodied athletes. Having initially been banned because of his carbon fiber blades — which critics said gave him an unfair advantage — he was cleared by sport's highest court in 2008 and allowed to run at the top events.

He competed in the 400 meters and on South Africa's 4x400 relay team at the London Games, making history after being have his selection confirmed on South Africa's team at the very last minute. He also retained his Paralympic title in the 400 meters in London.

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Imray reported from Cape Town, South Africa.

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Use of Morning-After Pill Is Rising, Report Says

The use of morning-after pills by American women has more than doubled in recent years, driven largely by rising rates of use among women in their early 20s, according to new federal data released Thursday.

The finding is likely to add to the public debate over rules issued by the Obama administration under the new health care law that require most employers to provide free coverage of birth control, including morning-after pills, to female employees. Some religious institutions and some employers have objected to the requirement and filed lawsuits to block its enforcement.

Morning-after pills, which help prevent pregnancy after sex, were used by 11 percent of sexually active women from 2006 to 2010, the period of the study. That was up from just 4 percent in 2002. Nearly one in four women between the ages of 20 and 24 who had ever had sex have used the pill at some point, the data show.

Morning-after pills are particularly controversial among some conservative groups who contend they can cause abortions by interfering with the implantation of a fertilized egg that the groups regard as a person.

Medical experts say that portrayal is inaccurate, and that studies provide strong evidence that the most commonly used pills do not hinder implantation, but work by delaying or preventing ovulation so that an egg is never fertilized in the first place, or thicken cervical mucus so sperm have trouble moving.

This month, the Obama administration offered a proposal that could expand the number of groups that do not need to provide or pay for birth control coverage. But the proposal did not end the political fight over the issue, which legal experts say may end up in the Supreme Court.

The new data was released by the National Center for Health Statistics and based on interviews with more than 12,000 women from 2006 to 2010. Researchers asked sexually active women if they had ever used emergency contraception, “also known as Plan B, Preven or morning-after pills,” as well as about their use of other forms of birth control.

Over all, 99 percent of sexually active women ages 15 to 44 have used contraception at some point in their lives, or about 53 million women, up slightly from 2002. An earlier report found that 62 percent of all women of reproductive age were currently using some form of birth control.

The new report found that 98.6 percent of sexually active Catholic women had used contraception at some point, but the data did not show how many Catholic women currently use contraception.

Condom use has risen markedly. More than 93 percent of women said they had partners who had used condoms at some point, compared with 82 percent of women in 1995, a likely effect of strong public advocacy for condom use during the AIDS epidemic.

In contrast, women who had used intrauterine devices, or IUDs, at some point in their lives declined to about 8 percent from 10 percent in 1995. The use of birth control pills has remained steady since 1995 at 82 percent.

Eighty-nine percent of white women said they had used birth control pills at some point, compared with 67 percent of Hispanic women, 78 percent of black women and 57 percent of Asian women.

Education played a role in the type of contraception used. Forty percent of women without a high school diploma said they chose sterilization, while just 10 percent of women with a bachelor’s degree said they used that method. Those without a high school diploma were also far more likely to use three-month injectables, like Depo-Provera — 36 percent compared with 13 percent of women with a college degree.

About 12 percent of college graduates said they had used emergency contraception, while 7 percent of women with only a high school degree said they had used it.

Educated women were far more likely to have practiced periodic abstinence based on the menstrual cycle. About 28 percent of women with a master’s degree or higher had practiced this method, while just 13 percent of women without a high school diploma had, the report found.

White women, American-born Hispanic women and black women were most likely to practice withdrawal, with more than half of women in each group saying they have used that method. Just 44 percent of foreign-born Hispanics said they practiced withdrawal.

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Japanese Economy Contracts and Remains in Recession

TOKYO (AP) — Japan’s economy remained mired in recession late last year, shrinking 0.4 percent in annualized terms for the third straight quarter of contraction on feeble demand at home and overseas.

The government reported Thursday that growth for all of 2012 was 1.9 percent, after a 0.6 percent contraction in 2011 and a 4.7 percent increase in 2010 and a 5.5 percent contraction in 2009.

The figures were worse than expected, as many analysts had forecast the economy may have emerged from recession late last year as the Japanese yen weakened against other major currencies, giving a boost to Japanese export manufacturers.

Prime Minister Shinzo Abe, who took office in late December, is championing aggressive spending and monetary stimulus to help get growth back on track. He has lobbied the central bank to set an inflation target of 2 percent, aimed at breaking out of Japan’s long bout of deflation, or falling prices, that he says are inhibiting corporate investment and growth.

But the Bank of Japan was not expected to announce any major new initiatives from a policy meeting on Thursday. The current central bank governor, Masaaki Shirakawa, is due to leave office on March 19, and Mr. Abe is expected to appoint as his successor an expert who favors his more activist approach to monetary policy.

Last year began on an upbeat note with annual growth in the first quarter at 6 percent as strong government spending on reconstruction from the March 2011 tsunami disaster helped spur demand. But the economy contracted in the second quarter and deteriorated further as frictions with China over a territorial dispute hurt exports to one of Japan’s largest overseas markets.

Despite the dismal data for last year, many in Japan expect at least a temporary bump to growth from higher government spending on public works and other programs. An index measuring consumer confidence, released this week, jumped to its highest level since 2007, the biggest increase in a single month.

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India Ink: India's Capital City Celebrates 'Design Week'

Art lovers have the India Art Fair and Francophiles have Bonjour India. And now interior design enthusiasts have a week to call their own in New Delhi.

India Design 2013, organized by Ogaan Publications, the company behind ELLE and ELLE Décor, celebrates design and decoration in India. An exhibition at the NSIC Grounds in the Okhla Industrial Estate will feature speakers like Anita Lal, the founder of Good Earth, a leading luxury home décor chain in India, and Lidewij Edelkoort, an internationally renowned Dutch trend forecaster. The exhibition will run through Sunday.

On this past Monday, over 60 venues all over the city opened up their space for a satellite event called “Style in the City,” including art galleries, restaurants and even salons.

For instance, Nature Morte and the Oberoi Gurgaon have collaborated with Divya Thakur of Design Temple, a graphic and product designer studio, to curate a special exhibition called “Sense and Sensuality.” Everything will be for sale and priced at under 25,000 rupees ($460).

The main action will be at the weekend exhibition, spread over 8,000 square meters. Here are some displays worth seeking out:

Pinakin Patel: Pinakin Patel, a self-taught architect and designer, is known for his modern take on Indian design, like his interpretation of jalli, an ornamental pattern made popular by the Mughals. His stainless steel jhoola (swing) won the coveted Elle Décor International Design Award in 2004, and he is the man behind Hara Villa, prefabricated one-bedroom luxury holiday homes that run completely on solar power.

Sunil Sethi Design Alliance: Sunil Sethi has been in the business of sourcing and representing Indian design for over 25 years, working with the Conran Shop, Armani Casa and Selfridges. In the concept area of the exhibition, he is working in a design alliance with the Italian designer Paola Navone to curate a mesmerizing display of home décor products that show off the best of Indian handmade craftsmanship. Quilts, furniture, tableware, glassware will be combined with over 100,000 flowers.

In the main hall, Mr. Sethi will show “Floored by Art,” featuring limited-edition floor art by some of India’s leading artists, like S.H. Raza, T. Vaikuntham and Bose Krishnamachari, as well by fashion designers like Manish Arora and Rajesh Pratap Singh.

Peter D’Ascoli: Having worked in New York with Diane von Furstenberg as studio director and then Covington Fabrics as creative director, Mr. D’Ascoli moved to New Delhi to open his studio, finding a gap in the Indian market for luxury and bespoke upholstery. Though he sources some of fabrics in Europe and his work displays a definite old world European touch, all his designs, embroideries and weaving techniques are done in India. The D’Ascoli Studio has supplied fabrics to Pierre Frey in Paris, Baker Interiors of America and the celebrity decorator Kathryn Ireland, and it is now working closely with Indian architects and interior designers.

The Klove Studio: The product design studio is best known for its lighting installations, which use hand-blown glass, wood and metal. Inspired heavily by Indian jewelry, the studio turns furniture into pieces of collectible art. For India Design 2013, the company has designed a four-by-three-meter wall installation inspired by a prayer space called Devalaya, one of its most ambitious projects.

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