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.

This article has been revised to reflect the following correction:

Correction: February 15, 2013

An earlier version of the home page summary for this article incorrectly described the crops produced from Monsanto seeds as pesticide-resistant. They are resistant to the herbicide Roundup, not a pesticide.

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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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Loi Journal: In Vietnam, Some Chose to Be Single Mothers

Justin Mott for the International Herald Tribune

Nguyen Thi Nhan at home with her grandson, Thao, 2. Abandoned by her husband after the war, she asked another man to impregnate her. More Photos »

LOI, Vietnam — They had no plan to break barriers or cause trouble. But 30 years ago in this bucolic village in northern Vietnam, the fierce determination of one group of women to become mothers upended centuries-old gender rules and may have helped open the door for a nation to redefine parenthood.

One recent morning in Loi, as farmers in conical straw hats waded quietly through rice paddies, a small group of women played with their grandchildren near a stream. Their husbands were nowhere to be found, not because they perished in the war, but because the women decided to have children without husbands.

The women’s story began during the American War, as it is called here, when many put the revolution before their families. As peace settled more than a decade later, it became clear that they — like so many of their generation — had sacrificed their marriageable years to the war.

At that time Vietnamese women traditionally married around 16, and those still single at 20 would often be considered “qua lua,” or “past the marriageable age.” When single men who survived the war returned home, they often preferred younger brides, exacerbating the effects of a sex ratio already skewed by male mortality in the war. According to the Vietnam Population and Housing Census of 2009, after reunification in 1979 there were on average only about 88 men for every 100 women between 20 and 44.

Unlike previous generations of unwanted Vietnamese women who dutifully accepted the “so,” or “destiny,” of living a solitary life, a group of women in Loi decided to take motherhood into their own hands. They had endured the war, developed a new strength and were determined not to die alone.

One by one they asked men — whom they would never interact with afterward — to help them conceive a child. The practice became known as “xin con,” or “asking for a child,” and it meant breaking with tradition, facing discrimination and enduring the hardships of raising a child alone.

“It was unusual, and quite remarkable,” said Harriet Phinney, an assistant professor of anthropology at Seattle University who is writing a book on the practice of xin con in Vietnam. Purposely conceiving a child out of wedlock, she said, “was unheard-of” before the revolutionary era.

It was a product of the mothers’ bravery, said Ms. Phinney, but also of a postwar society that acknowledged the unique situation of women across Vietnam, including thousands of widows, who were raising children alone.

Some of the women in Loi were willing to share their stories, though they always kept the names of the fathers a tightly held secret. One of the first women in Loi to ask for a child was Nguyen Thi Nhan, now 58.

Ms. Nhan had led a platoon of women during the war, and though she never saw battle, was awarded a medal for her exemplary leadership. Her husband, with whom she had a daughter, abandoned her after the war. Ms. Nhan moved to the cheapest land she could find, a field near the stream on the outskirts of Loi, where a few refugees from bombing nearby still lived. She then asked for a second child, ending up with the son she wished for.

Her first several years were hard. Despite her best efforts, food and money were scarce. The villagers eventually set aside prejudices and accepted her choice, offering to share the little food they could spare. Eventually, Ms. Nhan was joined by more than a dozen other women. Among them was Nguyen Thi Luu, 63. She had fallen in love with a soldier who was killed in battle in 1972.

“I was 26 when the war ended,” Ms. Luu said. “That was considered too old for marriage, in those times. I did not want to marry a bad, older man, and no single men came to me.”

But Ms. Luu wanted to become a mother, not least so she would have support in her old age. In Vietnam, nursing homes are scarce, and care for the elderly is considered a filial duty.

“I was afraid to die alone,” Ms. Luu said. “I wanted someone to lean on in my old age. I wanted a child of my own.”

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Amputee Olympic star Pistorius charged in slaying

PRETORIA, South Africa (AP) — Oscar Pistorius, the double-amputee sprinter dubbed the Blade Runner, was charged Thursday in the Valentine's Day slaying of his girlfriend at his upscale home in South Africa, a shocking twist to one of the feel-good stories of last summer's Olympics.

Pistorius buried his face in the hood of his workout jacket as officers escorted him from a police station after his arrest in the shooting death of Reeva Steenkamp, a 30-year-old model who had spoken out on Twitter against rape and abuse of women.

Police said she was shot four times in the pre-dawn hours at Pistorius' villa in a gated community in the capital, Pretoria. Officers found a 9 mm pistol inside the home and arrested Pistorius on a murder charge.

What sparked the shooting remained unclear, but police said they had received calls in the past about domestic altercations at the home of the 26-year-old athlete, who has spoken publicly about his love of firearms.

A police spokeswoman, Brigadier Denise Beukes, said the incidents included "allegations of a domestic nature."

"I'm not going to elaborate on it, but there have been incidents," Beukes said. She said Pistorius was home at the time of Steenkamp's death and "there is no other suspect involved."

Pistorius made history in the London Games when he became the first double-amputee track athlete to compete in the Olympics. He didn't win a medal but did make the semifinals of the 400 meters and became an international star.

Thursday, companies quickly removed billboards and advertising featuring Pistorius, a national hero in South Africa who also inspired fans worldwide with the image of his high-tech carbon-fiber blades whipping through the air.

Kenny Oldwage, Pistorius' lawyer, told reporters the athlete was "emotional" after his arrest, "but he is keeping up." He said he planned to seek bail for Pistorius at a preliminary hearing Friday.

Pistorius has had troubles in the past in his personal life, which often featured fast cars, cage fighters and women.

In February 2009, he crashed a speedboat on South Africa's Vaal River, breaking his nose, jaw and several ribs and damaging an eye socket. He required 180 stitches to his face. Witnesses said he had been drinking, and officers found alcoholic beverages in the wreckage, though they did not do blood tests.

In November, Pistorius was involved in an altercation over a woman with a local coal mining millionaire, South African media reported. The two men involved the South African Police Service's elite Hawks investigative unit before settling the matter.

Pistorius' father, Henke Pistorius, said Thursday: "We all pray for guidance and strength for Oscar and the lady's parents."

A spokeswoman for Pistorius at Fast Track, an international sports marketing agency in London, said the athlete was assisting with the investigation and there would be no further comment "until matters become clearer."

The sprinter's former coach, Andrea Giannini, said he hoped the shooting was "just a tragic accident."

"No matter how bad the situation was, Oscar always stayed calm and positive," Giannini told The Associated Press in Italy. "Whenever he was tired or nervous, he was still extremely nice to people. I never saw him violent."

Firearms captivated Pistorius, the subject of an online Nike advertisement that featured him with the caption: "I am a bullet in the chamber." In November 2011, he posted a photograph on Twitter of himself at a shooting range, bragging about his score. "Had a 96% headshot over 300m from 50shots! Bam!" he wrote.

Linked to a number of women by the South African media, Pistorius and Steenkamp were first seen together publicly in November. She was named one of the world's 100 Sexiest Women for two years running by the men's magazine FHM.

The leggy blonde with a law degree also appeared in international and South African ads and was a celebrity contestant on "Tropika Island of Treasure," a South African reality show filmed in Jamaica.

While known for her bikini-clad, vamping photo spreads, she tweeted messages urging women to stand up against rape. Her tweets also focused on Pistorius, with one of her last messages noting her excitement over Valentine's Day.

"What do you have up your sleeve for your love tomorrow?" she wrote. "It should be a day of love for everyone."

Police have not publicly named Steenkamp as the victim, saying only that a 30-year-old woman was killed. Steenkamp's publicist, however, confirmed in a statement that the model had died.

"Everyone is simply devastated," the publicist, Sarit Tomlinson, said. "She was the kindest, sweetest human being; an angel on earth and will be sorely missed."

Police arrived at Pistorius' home after 3 a.m., and paramedics tried unsuccessfully to revive Steenkamp, police spokeswoman Lt. Col. Katlego Mogale said.

Officers later took Pistorius to a hospital so doctors could collect samples for DNA testing and check his blood alcohol content.

Pistorius had both legs amputated below the knee before his first birthday because of a congenital condition, and campaigned for years to be allowed to compete against able-bodied athletes.

He was initially banned because of his carbon fiber blades — which critics said gave him an unfair advantage — before being cleared by sport's highest court in 2008.

He was a last-minute selection to South Africa's Olympic team, competing in the 400 meters and the 4x400 relay. He later retained his Paralympic title in the 400 meters.

South Africa's Sports Confederation, its Olympic committee and the International Paralympic Committee all had no comment on the shooting.

Shock rippled across South Africa, a nation of 50 million where nearly 50 people are killed each day, one of the world's highest murder rates. U.N. statistics say South Africa also has the second highest rate of shooting deaths in the world, behind only Colombia.

"The question is: Why does this story make the news? Yes, because they are both celebrities, but this is happening on every single day in South Africa," said Adele Kirsten, a member of Gun Free South Africa.

"We have thousands of people killed annually by gun violence in our country. So the anger is about that it is preventable."

___

Gerald Imray reported from Cape Town, South Africa. Associated Press writers Michelle Faul and Ed Brown in Johannesburg contributed to this report.

___

Jon Gambrell can be reached at www.twitter.com/jongambrellAP.

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DealBook: Confidence on Upswing, Mergers Make Comeback

The mega-merger is back.

For the corporate takeover business, the last half-decade was a fallow period. Wall Street deal makers and chief executives, brought low by the global financial crisis, lacked the confidence to strike the audacious multibillion-dollar acquisitions that had defined previous market booms.

Cycles, however, turn, and in the opening weeks of 2013, merger activity has suddenly roared back to life. On Thursday, Berkshire Hathaway, the conglomerate run by Warren E. Buffett, said it had teamed up with Brazilian investors to buy the ketchup maker H. J. Heinz for about $23 billion. And American Airlines and US Airways agreed to merge in a deal valued at $11 billion.

Those transactions come a week after a planned $24 billion buyout of the computer company Dell by its founder, Michael S. Dell, and private equity backers. And Liberty Global, the company controlled by the billionaire media magnate John C. Malone, struck a $16 billion deal to buy the British cable business Virgin Media.

“Since the crisis, one by one, the stars came into alignment, and it was only a matter of time before you had a week like we just had,” said James B. Lee Jr., the vice chairman of JPMorgan Chase.

Still, bankers and lawyers remain circumspect, warning that it is still too early to declare a mergers-and-acquisitions boom like those during the junk bond craze of 1989, the dot-com bubble of 1999 and the leveraged buyout bonanza of 2007. They also say that it is important to pay heed to the excesses that developed during these moments of merger mania, which all ended badly.

A confluence of factors has driven the recent deals. Most visibly, the stock market has been on a tear, with the Standard & Poor’s 500-stock index this week briefly hitting its highest levels since November 2007. Higher share prices have buoyed the confidence of chief executives, who now, instead of retrenching, are looking for ways to expand their businesses.

A number of clouds that hovered over the markets last year have also been removed, eliminating the uncertainty that hampered deal making. Mergers and acquisitions activity in 2012 remained tepid as companies took a wait-and-see approach over the outcome of the presidential election and negotiations over the fiscal cliff. The problems in Europe, which began in earnest in 2011, shut down a lot of potential transactions, but the region has since stabilized.

“When we talk to our corporate clients as well as the bankers, we keep hearing them talk about increased confidence,” said John A. Bick, a partner at the law firm Davis Polk & Wardwell, who advised Heinz on its acquisition by Mr. Buffett and his partners.

Mr. Bick said that mega-mergers had a psychological component, meaning that once transactions start happening, chief executives do not want to be left behind. “In the same way that success breeds success, deals breed more deals,” he said.

A central reason for the return of big transactions is the mountain of cash on corporate balance sheets. After the financial crisis, companies hunkered down, laying off employees and cutting costs. As a result, they generated savings. Today, corporations in the S.& P. 500 are sitting on more than $1 trillion in cash. With interest rates near zero, that money is earning very little in bank accounts, so executives are looking to put it to work by acquiring businesses.

The private equity deal-making machine is also revving up again. The world’s largest buyout firms have hundreds of billions of dollars of “dry powder” — money allotted to deals in Wall Street parlance — and they are on the hunt. The proposed leveraged buyout of Dell, led by Mr. Dell and the investment firm Silver Lake Partners, was the largest private equity transaction since July 2007, when the Blackstone Group acquired the hotel chain Hilton Worldwide for $26 billion just as the credit markets were seizing up.

But perhaps the single biggest factor driving the return of corporate takeovers is the banking system’s renewed health. Corporations often rely on bank loans for financing acquisitions, and the ability of private equity firms to strike multibillion-dollar transactions depends on the willingness of banks to lend them money.

For years, banks, saddled by the toxic mortgage assets weighing on their balance sheets, turned off the lending spigot. But with the housing crisis in the rearview mirror and economic conditions slowly improving, banks are again lining up to provide corporate loans at record-low interest rates to finance acquisitions.

The banks, of course, are major beneficiaries of megadeals, earning big fees from both advising on the transactions and lending money to finance them. Mergers and acquisitions in the United States total $158.7 billion so far this year, according to Thomson Reuters data, more than double the amount in the same period last year. JPMorgan, for example, has benefited from the surge, advising on four big deals in recent weeks, including the Dell bid and Comcast’s $16.7 billion offer for the rest of NBCUniversal that it did not already own.

Mr. Buffett, in a television interview last month, declared that the banks had repaired their businesses and no longer posed a threat to the economy. “The capital ratios are huge, the excesses on the asset aside have been largely cleared out,” said Mr. Buffett, whose acquisition of Heinz will be his second-largest acquisition, behind his $35.9 billion purchase of a majority stake in the railroad company Burlington Northern Santa Fe in 2009.

While Wall Street has an air of giddiness over the year’s start, most deal makers temper their comments about the current environment with warnings about undisciplined behavior like overpaying for deals and borrowing too much to pay for them.

Though private equity firms were battered by the financial crisis, they made it through the downturn on relatively solid ground. Many of their megadeals, like Hilton, looked destined for bankruptcy after the markets collapsed, but they have since recovered. The deals have benefited from an improving economy, as well as robust lending markets that allowed companies to push back the large amounts of debt that were to have come due in the next few years.

But there are still plenty of cautionary tales about the consequences of overpriced, overleveraged takeovers. Consider Energy Future Holdings, the biggest private equity deal in history. Struck at the peak of the merger boom in October 2007, the company has suffered from low natural gas prices and too much debt, and could be forced to restructure this year. Its owners, a group led by Kohlberg Kravis Roberts and TPG, are likely to lose billions.

Even Mr. Buffett made a mistake on Energy Future Holdings, having invested $2 billion in the company’s bonds. He admitted to shareholders last year that the investment was a blunder and would most likely be wiped out.

“In tennis parlance,” Mr. Buffett wrote, “this was a major unforced error.”

Michael J. de la Merced contributed reporting.

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To Lower Suicide Rates, New Focus Turns to Guns

Larry Mayer for The New York Times

Craig and Cara Reichert and their daughter, Kassidy, in Dayton, Wyo. “I will always believe in guns,” Mr. Reichert said. Kameron Reichert killed himself with a family heirloom.

DAYTON, Wyo. — Craig Reichert found his son’s body on a winter morning, lying on the floor as if he were napping with his great-uncle’s pistol under his knee. The 911 dispatcher told him to administer CPR, but Mr. Reichert, who has had emergency training, told her it was too late. His son, Kameron, 17, was already cold to the touch.

Guns are like a grandmother’s diamonds in the Reichert family, heirlooms that carry memory and tradition. They are used on the occasional hunting trip, but most days they are stored, forgotten, under a bed. So when Kameron used one on himself, his parents were as shocked as they were heartbroken.

“I beat myself up quite a bit over not having a gun safe or something to put them in,” Mr. Reichert said. But he said even if he had had one, “There would have been two people in the house with the combination, him and me.”

The gun debate has focused on mass shootings and assault weapons since the schoolhouse massacre in Newtown, Conn., but far more Americans die by turning guns on themselves. Nearly 20,000 of the 30,000 deaths from guns in the United States in 2010 were suicides, according to the most recent figures from the Centers for Disease Control and Prevention. The national suicide rate has climbed by 12 percent since 2003, and suicide is the third-leading cause of death for teenagers.

Guns are particularly lethal. Suicidal acts with guns are fatal in 85 percent of cases, while those with pills are fatal in just 2 percent of cases, according to the Harvard Injury Control Research Center.

The national map of suicide lights up in states with the highest gun ownership rates. Wyoming, Montana and Alaska, the states with the three highest suicide rates, are also the top gun-owning states, according to the Harvard center. The state-level data are too broad to tell whether the deaths were in homes with guns, but a series of individual-level studies since the early 1990s found a direct link. Most researchers say the weight of evidence from multiple studies is that guns in the home increase the risk of suicide.

“The literature suggests that having a gun in your home to protect your family is like bringing a time bomb into your house,” said Dr. Mark Rosenberg, an epidemiologist who helped establish the C.D.C.’s National Center for Injury Prevention and Control. “Instead of protecting you, it’s more likely to blow up.”

Still, some dispute the link, saying that it does not prove cause and effect, and that other factors, like alcoholism and drug abuse, may be driving the association. Gary Kleck, a professor of criminology at Florida State University in Tallahassee, contends that gun owners may have qualities that make them more susceptible to suicide. They may be more likely to see the world as a hostile place, or to blame themselves when things go wrong, a dark side of self-reliance.

Health officials in a number of states are trying to persuade families to keep guns away from troubled relatives or to lock the weapons up so teenagers cannot get them. Some of those same officials say the inflamed national gun control debate is actually making progress harder because the politics put gun owners on the defensive.

“You just bump up against that glass wall, and barriers go up and the conversations break down,” said B. J. Ayers, a suicide prevention specialist in southeast Wyoming.

Seeking to lower death rates, health departments in Missouri, Wyoming and North Carolina are giving out gunlocks. In New Hampshire, about half the gun shops put up posters and give out fliers alerting gun owners to the warning signs for suicide and suggesting ways to keep guns from loved ones at risk of harming themselves. A coalition of firearm dealers in Maryland is now planning a similar program.

“This is an issue whose time has come,” said Keith Hotle, state suicide prevention team leader for Wyoming, the state with the highest suicide rate. A state advisory council recently bumped firearms safety to the top priority in a new report to the governor on suicide prevention. But Mr. Hotle cautioned that in Wyoming, where guns are like cars — just about everybody has one — direct arguments against them simply will not work.

“The framing is important,” he said. “It’s not about taking away people’s guns. It’s about how to deal with folks in a temporary crisis.”

Kameron’s crisis was, by all accounts, temporary. He was a popular football player with adoring parents and no history of depression. He worked after school at the only corner grocery store in Dayton, a tiny town in northeastern Wyoming with tidy, tree-lined streets and a park at the base of Bighorn National Forest. He liked to drive students around in his Pontiac Grand Prix, and he always bought multipacks of gum at Costco so he could give out sticks in pretty blue wrappers to girls at school.

“If someone had a hankering for a hamburger, he’d be off,” said his mother, Cara Reichert, an administrator in the local school system.

The event that preceded his death in 2008 seems like the mischievous scrape of a teenage boy. Out one night in the town park, he was caught with a package of cigars by local police officers.

His parents are still tormented over the bad luck that followed. The officers searched him because they were training a new colleague. Then a clerk at the local court told him — incorrectly — that his parents had to be present to pay the fine. His parents punished him by taking away his cellphone, though they left him his car.

“If just one little piece of this story would not have fallen into place,” Mr. Reichert said, his voice breaking.

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Plumlee leads No. 2 Duke past UNC, 73-68

DURHAM, N.C. (AP) — Mason Plumlee had 18 points and 11 rebounds and No. 2 Duke beat North Carolina 73-68 on Wednesday night.

Quinn Cook scored 18 points and Rasheed Sulaimon finished with 13 for the Blue Devils (22-2, 9-2 Atlantic Coast Conference).

They shot 44 percent — 52 percent after halftime — and used a big run in the second half to erase a slow start and win their sixth straight this season and sixth in eight meetings in college basketball's fiercest rivalry.

P.J. Hairston matched a career high with 23 points and Reggie Bullock had 15 points with four 3-pointers for North Carolina (16-8, 6-5), which led for the first 26 minutes but went on to lose its second straight.

The Tar Heels were 13 of 23 from the free-throw line and missed 7 of 10 during a critical late stretch while falling to 1-4 this season against ranked opponents.

Still, they trailed just 65-61 in the final minute and appeared to have gotten a stop by forcing Tyler Thornton to miss a long 3-pointer with the shot clock winding down. But Bullock fouled Sulaimon on the rebound, and the freshman hit both free throws with 37.5 seconds left.

Hairston hit a free throw on North Carolina's next possession to cut it to 67-62, but Plumlee countered with two free throws with 30.3 seconds left to make it a three-possession game.

Seth Curry scored 11 points in his sixth straight double-figure performance against North Carolina while Thornton — who had nine points in his previous three games combined — finished this one with nine points and hit three of Duke's six 3-pointers, each of them important.

The win was a nice present for coach Mike Krzyzewski, who was celebrating his 66th birthday.

And an unorthodox move — putting one of the best big men in the nation on the bench, however briefly — wound up putting Duke ahead for the first time in this one.

Plumlee picked up his third foul 31 seconds into the second half and uncorked an untimely 20-foot jumper a few minutes later, prompting Krzyzewski to burn a timeout. He went to a smaller lineup, sitting Plumlee in favor of two power forwards, Amile Jefferson and Josh Hairston.

The move freed up some space for the Duke guards and immediately led to six quick points to start the 19-7 run that put the Blue Devils ahead to stay.

Duke outscored North Carolina 11-3 during the 4-minute stretch with Plumlee on the bench and took their first lead when Curry swished a 3 from in front of the bench to make it 42-41 with 14 minutes left.

Thornton — who had missed 12 of 14 3-pointers during his previous eight games — hit two of them from the same spot in the right corner, capping the spurt with his second that made it 50-45 with 12½ minutes to go.

Curry eventually stretched the lead to 59-51 with another 3 with 5 minutes left.

Dexter Strickland added 14 points but James Michael McAdoo was held to nine on 4-of-12 shooting for North Carolina, which came in as a written-off, double-digit underdog after a 26-point loss at No. 3 Miami that marked its worst loss of the season.

But the Tar Heels were aggressive early and methodically built a double-figure lead, the third straight year they came into Cameron and went up by 10. Bullock's third 3 of the half with about 6:45 left put North Carolina up 28-18.

Meanwhile, Duke got off to a rather un-Duke-like start.

The Blue Devils had 11 turnovers — Cook and Plumlee had four apiece — and just three assists during the opening 20 minutes and were just 1 of 4 from 3-point range.

Curry, who entered averaging 16 points in North Carolina games, was 1 of 6 for two points in the half while being guarded by Bullock, who at 6-foot-7 had a 5-inch advantage.

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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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Well: Getting the Right Dose of Exercise

Phys Ed

Gretchen Reynolds on the science of fitness.

A common concern about exercise is that if you don’t do it almost every day, you won’t achieve much health benefit. But a commendable new study suggests otherwise, showing that a fairly leisurely approach to scheduling workouts may actually be more beneficial than working out almost daily.

For the new study, published this month in Exercise & Science in Sports & Medicine, researchers at the University of Alabama at Birmingham gathered 72 older, sedentary women and randomly assigned them to one of three exercise groups.

One group began lifting weights once a week and performing an endurance-style workout, like jogging or bike riding, on another day.

Another group lifted weights twice a week and jogged or rode an exercise bike twice a week.

The final group, as you may have guessed, completed three weight-lifting and three endurance sessions, or six weekly workouts.

The exercise, which was supervised by researchers, was easy at first and meant to elicit changes in both muscles and endurance. Over the course of four months, the intensity and duration gradually increased, until the women were jogging moderately for 40 minutes and lifting weights for about the same amount of time.

The researchers were hoping to find out which number of weekly workouts would be, Goldilocks-like, just right for increasing the women’s fitness and overall weekly energy expenditure.

Some previous studies had suggested that working out only once or twice a week produced few gains in fitness, while exercising vigorously almost every day sometimes led people to become less physically active, over all, than those formally exercising less. Researchers theorized that the more grueling workout schedule caused the central nervous system to respond as if people were overdoing things, sending out physiological signals that, in an unconscious internal reaction, prompted them to feel tired or lethargic and stop moving so much.

To determine if either of these possibilities held true among their volunteers, the researchers in the current study tracked the women’s blood levels of cytokines, a substance related to stress that is thought to be one of the signals the nervous system uses to determine if someone is overdoing things physically. They also measured the women’s changing aerobic capacities, muscle strength, body fat, moods and, using sophisticated calorimetry techniques, energy expenditure over the course of each week.

By the end of the four-month experiment, all of the women had gained endurance and strength and shed body fat, although weight loss was not the point of the study. The scientists had not asked the women to change their eating habits.

There were, remarkably, almost no differences in fitness gains among the groups. The women working out twice a week had become as powerful and aerobically fit as those who had worked out six times a week. There were no discernible differences in cytokine levels among the groups, either.

However, the women exercising four times per week were now expending far more energy, over all, than the women in either of the other two groups. They were burning about 225 additional calories each day, beyond what they expended while exercising, compared to their calorie burning at the start of the experiment.

The twice-a-week exercisers also were using more energy each day than they had been at first, burning almost 100 calories more daily, in addition to the calories used during workouts.

But the women who had been assigned to exercise six times per week were now expending considerably less daily energy than they had been at the experiment’s start, the equivalent of almost 200 fewer calories each day, even though they were exercising so assiduously.

“We think that the women in the twice-a-week and four-times-a-week groups felt more energized and physically capable” after several months of training than they had at the start of the study, says Gary Hunter, a U.A.B. professor who led the experiment. Based on conversations with the women, he says he thinks they began opting for stairs over escalators and walking for pleasure.

The women working out six times a week, though, reacted very differently. “They complained to us that working out six times a week took too much time,” Dr. Hunter says. They did not report feeling fatigued or physically droopy. Their bodies were not producing excessive levels of cytokines, sending invisible messages to the body to slow down.

Rather, they felt pressed for time and reacted, it seems, by making choices like driving instead of walking and impatiently avoiding the stairs.

Despite the cautionary note, those who insist on working out six times per week need not feel discouraged. As long as you consciously monitor your activity level, the findings suggest, you won’t necessarily and unconsciously wind up moving less over all.

But the more fundamental finding of this study, Dr. Hunter says, is that “less may be more,” a message that most likely resonates with far more of us. The women exercising four times a week “had the greatest overall increase in energy expenditure,” he says. But those working out only twice a week “weren’t far behind.”

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India Ink: Silicon Valley and Immigrant Groups Find Common Cause

SAN FRANCISCO — What do computer programmers and illegal immigrants have to do with each other?

When it comes to the sweeping overhaul of the nation’s immigration laws that Congress is considering this year, the answer is everything.

Silicon Valley executives, who have long pressed the government to provide more visas for foreign-born math and science brains, are joining forces with an array of immigration groups seeking comprehensive changes in the law. And as momentum builds in Washington for a broad revamping, the tech industry has more hope than ever that it will finally achieve its goal: the expanded access to visas that it says is critical to its own continued growth and that of the economy as a whole.

Signs of the industry’s stepped-up engagement on the issue are visible everywhere. Prominent executives met with President Obama last week. Start-up founders who rarely abandon their computers have flown across the country to meet with lawmakers.

This Tuesday, the Technology CEO Council, an advocacy organization representing companies like Dell, Intel and Motorola, had meetings on Capitol Hill. On Wednesday, Steve Case, a founder of AOL, is scheduled to testify at the first Senate hearing this year on immigration legislation, alongside the head of the deportation agents’ union and the leader of a Latino civil rights group.

“The odds of high-skilled passing without comprehensive is close to zero, and the odds of comprehensive passing without high-skilled passing is close to zero,” said Robert D. Atkinson, president of the Information Technology and Innovation Foundation, a nonpartisan research group based in Washington.

The push comes as a clutch of powerful Senate Republicans and Democrats have reached a long-elusive agreement on some basic principles of a “comprehensive” revamping of immigration law. Separately, a bipartisan bill introduced in the Senate in late January focuses directly on the visa issue.

The industry’s argument for more so-called high-skilled visas has already persuaded the president.

“Real reform means fixing the legal immigration system to cut waiting periods, reduce bureaucracy, and attract the highly-skilled entrepreneurs and engineers that will help create jobs and grow our economy,” Mr. Obama said in Tuesday’s State of the Union speech.

In a speech in Las Vegas in January in which he introduced his own blueprint for overhauling immigration law, Mr. Obama embraced the idea that granting more visas was essential to maintaining innovation and job growth. He talked about foreigners studying at American universities, figuring out how to turn their ideas into businesses.

In part, the new alliance between the tech industry and immigration groups was born out of the 2012 elections and the rising influence of Hispanic voters.

“The world has changed since the election,” said Peter J. Muller, director of government relations at Intel, pointing out that the defeat of many Republican candidates had led to a softening of the party’s position on broad changes to immigration law. “There is a focus on comprehensive. We’re thrilled by it.”

“At this point,” he added, “our best hope for immigration reform lies with comprehensive reform.”

Mr. Case, the AOL co-founder, who now runs an investment fund, echoed that sentiment after meeting with the president last Tuesday.

“I look forward to doing whatever I can to help pass comprehensive immigration reform in the months ahead,” he said, “and ensure it includes strong provisions regarding high-skilled immigration, so we are positioned to win the global battle for talent.”

That sort of sentiment delights immigrants’ rights advocates who have banged their heads against the wall for years to rally a majority of Congress around their agenda.

“The stars are aligning here,” said Ali Noorani, executive director of the National Immigration Forum. “You’ve got the politics of immigration reform changing. You’ve got tech leaders leaning in not just for high-skilled but for broader immigration reform.”

Senator Orrin G. Hatch, Republican of Utah, who is co-sponsoring the bill to increase the number of visas available for highly skilled immigrants, said the cooperation went both ways.

“All the talk about the STEM field — science, technology, engineering, mathematics — has awakened even those who aren’t all that interested in the high-tech world,” he said.

While the growing momentum has surprised many in Washington, comprehensive change is still not a sure thing, especially in the Republican-controlled House.

Mr. Hatch said he would push forward with his measure even if the broader efforts foundered. But his Democratic co-sponsor, Amy Klobuchar of Minnesota, said she would press for the bill to be part of the comprehensive package.

Last year, technology executives had a taste of what could happen with stand-alone legislation.

In November the House passed a bill, sponsored by Representative Lamar S. Smith, Republican of Texas, that would have provided 55,000 visas for foreigners graduating from American universities with advanced degrees in STEM fields. Mr. Smith, then the chairman of the House Judiciary Committee, brought considerable clout, and the tech industry rallied behind the bill.

But the legislation died in the Senate, because Democrats wanted any technology-specific measure to be part of a broader bargain that would include more visas for family members.

In pressing its case, the industry has used some vivid examples to sway lawmakers, arguing that if skilled workers cannot get visas, tech companies will simply move the jobs overseas.

Facebook was the latest to make this case. It said it had to place nearly 80 engineers in its office in Dublin in 2011 because it could not obtain even temporary work visas to employ them at the company’s headquarters in Menlo Park, Calif. Those temporary visas, called H-1B visas, are capped at 60,000 a year and usually run out within a couple of months. The bill proposed by Mr. Hatch and Ms. Klobuchar would more than double that number.

Microsoft has also argued that the visa backlog takes jobs out of the United States, saying it was forced to open a development office in Vancouver.

Hundreds of thousands of foreigners, the largest share from India and China, come to American universities every year to study science and engineering. But it can take so long for them to get permanent residency that many end up returning home. Mr. Hatch said he was keen to see foreign-born graduates of American universities remain in this country rather than work for competitive firms elsewhere.

“China, India — they would love to have these Ph.D.’s return to their countries,” he said. “They see the benefits. Why can’t we?”

There is no dearth of jobs in Silicon Valley. Employment in San Francisco and its southern suburbs grew about 3.6 percent in 2012, twice the growth rate nationally, according to a study released last week by Joint Venture Silicon Valley, a nonpartisan research organization.

But many of those jobs are filled by foreigners. In San Mateo and Santa Clara Counties, nearly two-thirds of those employed in science- and engineering-related jobs were born abroad, compared with about one-fourth nationwide, according to the study.

Industry executives hope to employ many more.

“The issue has truly ripened,” said Bruce Mehlman, a veteran Washington lobbyist and executive director of the Technology CEO Council. “Levels of optimism are higher than they’ve been in a while.”

Julia Preston contributed reporting from New York.

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