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Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies

The Supreme Court in Bowman v. Monsanto Co. ruled unanimously that a farmer’s replanting of harvested seeds constituted making new infringing articles. While the case is important for agricultural industries, the Supreme...more

U.S. Supreme Court Sides with Monsanto in Seed Patent Case

The Supreme Court ruled unanimously yesterday in favor of Monsanto in Bowman v. Monsanto, a case involving Monsanto’s recombinant, Roundup Ready® seeds. The opinion rejected the arguments from petitioner, Indiana farmer...more

Supreme Court Rules in Patent Exhaustion Case: Farmer’s Use of Second Generation Seed Constitutes Infringement

On May 13, 2013, the U.S. Supreme Court unanimously ruled that patent exhaustion does not bar an infringement claim in a case involving a farmer who reproduced patented seeds by planting and harvesting second generation seeds...more

Supreme Court Finds for Monsanto in Seed Harvesting Case

In Bowman v. Monsanto Co., the Supreme Court held that the doctrine of patent exhaustion does not give a farmer who has bought patented seeds the right to “reproduce” them through planting and harvesting without the patent...more

Don’t Blame the Bean: The Monsanto Patent Decision

In the case of Bowman v. Monsanto Company (May 13, 2013), the US Supreme Court has weighed into this thorny field, and on Monday it delivered a unanimous judgment upholding the rights in Monsanto’s patented soybeans. (See our...more

U.S. Supreme Court Qualifies Patent Exhaustion

On May 13, 2013, the U.S. Supreme Court, in the case of Bowman v. Monsanto, decided whether a soybean farmer infringed Monsanto’s patent by replanting patented soybeans harvested from previous crops. The Court unanimously...more

Publications Patent Exhaustion Does Not Apply to the Reproduction of Patented Seeds

On May 13, the United States Supreme Court issued its decision in Bowman v. Monsanto Co., 569 U.S. ___ (2013), which concerned whether and how patent exhaustion applies to self-replicating patented articles. Monsanto...more

Bowman v. Monsanto: Self-Replicating Biotech and Software Left at the Alter?

Today, in a case having the potential to upset the agricultural biotech industry, Justice Elena Kagan delivered the U.S. Supreme Court’s unanimous decision rejecting farmer Vernon Hugh Bowman’s patent exhaustion defense....more

Legal Alert: Monsanto Ruling Protects Innovators of Self-Replicating Biotechnology

On May 13, 2013, a unanimous U.S. Supreme Court held in Monsan to v. Bowman that the doctrine of patent exhaustion does not permit a farmer to reproduce patented seeds for planting and harvesting without the patent holder's...more

If Patented Technology Can Copy Itself, When Do Patent Rights Cease?

Patent rights in a patented self-replicating technology, such as seeds, continue until the patent term is ended and not before. On May 13, the U.S. Supreme Court ruled in Bowman v. Monsanto that the patent rights in seeds are...more

Patent Exhaustion Doctrine Does Not Protect Farmers Who Replant Patented Seeds

In a brief, unanimous opinion written by Justice Kagan, the Supreme Court yesterday agreed with Monsanto that the patent exhaustion doctrine does not enable farmers to replant and reproduce patented seeds without the...more

Patent Watch: Bowman v. Monsanto Co.

On May 13, 2013, in Bowman v. Monsanto Co., the U.S. Supreme Court upheld the Federal Circuit's affirmance of the district court's judgment that Bowman infringed U.S. Patents No. 5,352,605 and No. RE39,247, which related to...more

Bowman v. Monsanto

Supreme Court Ruling on Patent Rights of Self-Replicating Technology

Full text copy of the U.S. Supreme Court ruling in Bowman v. Monsanto Co. et al that Monsanto’s patent rights extend to future generations of its patented seeds. From Joe Barnes at the Washington Post: “Farmers must pay...more

Bowman v. Monsanto: Oral Argument

The Supreme Court heard oral argument today in Bowman v. Monsanto Co., with Mark P. Walters representing Farmer Bowman, Seth Waxman representing Monsanto, and Melissa Arbus Sherry representing the Department of Justice. ...more

Parties Reiterate Arguments from Certiorari Petitions in Briefs to Supreme Court

On the brink of oral argument before the Supreme Court on Tuesday, it may be helpful to reiterate (as do the parties) the arguments from Petitioner Farmer Bowman and Respondent Monsanto, Inc. in Bowman v. Monsanto....more

WLF Files Amicus Brief in Support of Respondents in Bowman v. Monsanto

In an amicus brief filed in support of respondents Monsanto Co. et al. last month, the Washington Legal Foundation (WLF) asked the Supreme Court to affirm that petitioner Vernon Bowman infringed Monsanto's patents on...more

It Ain't Necessarily So Down on the Farm: Not All Farmers Agree with Farmer Bowman in Bowman v. Monsanto

The "conventional wisdom" surrounding the Bowman v. Monsanto case now before the Supreme Court on certiorari is that it is "David v. Goliath," the salt-of-the-earth farmer versus the corporate monolith, and an example of the...more

BayhDol25 Files Amicus Brief in Bowman v. Monsanto

"Happy families are all alike; every unhappy family is unhappy in its own way." - Leo Tolstoy, Anna Karenina A great many amicus briefs have been filed in support of affirmance of the Federal Circuit's decision in Bowman...more

IPO Files Amicus Brief in Support of Respondents in Bowman v. Monsanto

In an amicus brief filed in support of respondents Monsanto Co. et al. late last week, the Intellectual Property Owners Association (IPO) urges the Supreme Court to find that the petitioner's replanting of commodity seed was...more

A Breed Apart - Crop inventors are seeking to protect their work, even if they don’t use GMOs

When international seed supplier Enza Zaden bred a delicious and juicy new tomato in the 1990s, the world was introduced to the now famous Campari. The globe-shaped vegetable soon became a supermarket staple, but the Dutch...more

Patent Profile: USPTO Issues Patent for Paromomycin-supplemented Turkey Feed for Prophylaxis of Histomoniasis and Improved Weight...

Last month, the U.S. Patent and Trademark Office issued U.S. Patent No. 8,293,266, entitled "Paromomycin-supplemented feed stuff for turkey and use thereof for prophylaxis of histomoniasis, reduction of the horizontal...more

BIO and ASTA Announce That GEMAA Is Now Effective

The Biotechnology Industry Organization (BIO) and American Seed Trade Association (ASTA) announced today that the Generic Event Marketability and Access Agreement (GEMAA) has received four signatories, and as a result is now...more

Supreme Court Hears Arguments on Genetically Modified Foods

A Supreme Court case over a lawsuit brought by agribusiness giant Monsanto against a farmer for the use of patented seeds could have deep intellectual property ramifications for the nation’s burgeoning biotechnology sector....more

Self-Replicating Technologies (Patents in the Field, Part 2)

In our earlier post - Patents in the Field (Part 1) - we reviewed the topic of patent exhaustion in a patent infringement case in which Monsanto sued a farmer who was collecting and replanting seed that contained Monsanto’s...more

U.S. Supreme Court Agrees to Review Case That May Impact Patented Stem Cell Technologies

On October 5, 2012, the U.S. Supreme Court agreed to review the issue of whether the Federal Circuit erred by (1) refusing to find patent exhaustion that eliminates the right to control or prohibit the use of an invention...more