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Supreme Court corner - Q3 2013

RECENT DECISIONS - Federal Trade Commission v. Actavis - Decided: 6/17/2013 Patent Holding: (5-3) reverse payment settlement agreements should be reviewed based on a “rule of reason. In a split...more

Recent Developments In Information Technology Law – Second Quarter 2013

In This Issue: - I. U.S. Supreme Court - A. Trademarks 3 - II. U.S. Courts of Appeal - A. Patents - B. Copyrights - C. Copyrights/Criminal - D. Trademarks - E. Trademarks/Unfair Trade...more

Federal Circuit Review - Volume 3 | Issue 6 June 2013

In This Issue: • Judgment of Infringement Entered as Sanction • Patent Exhaustion Does Not Apply to Harvested Seeds • Judges Disagree on § 101 Standards • Litigation Is Not a Domestic Industry - Excerpt...more

IP Update, Vol. 16, No. 5, May 2013

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies: Bowman v. Monsanto Co. - In a narrow ruling that reaffirms the scope of patent protection over seeds, and possibly over other...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: Crisis Averted on IP Protection for Self-Replicating Technologies

Life science companies in general (and seed companies in particular) are breathing a sigh of relief following the Supreme Court’s decision yesterday in Bowman v. Monsanto. As Bowman wended its way through district...more

Bowman v. Monsanto Co. (2013)

Today, in Bowman v. Monsanto Co., the Supreme Court determined that the doctrine of patent exhaustion did not permit a farmer who buys patented seeds to repro­duce them through planting and harvesting without the patent...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

Supreme Court Decides Bowman v. Monsanto

The Supreme Court handed down a unanimous decision today in Bowman v. Monsanto, holding the doctrine of patent exhaustion does not permit a farmer to reproduce patented seeds by replanting seeds after growing a first crop....more

Do Patents Control Self-Replicating Technologies? Supreme Court Hears Argument that Sale of Patented Seed Exhausts Future Patent

Patent infringement arises when one “makes, uses, offers to sell, or sells” a patented invention without authority from the patent holder. However, once the first authorized sale of the patented product has occurred, the...more

In Oral Arguments during Bowman v. Monsanto the Supreme Court Struggles with Exhaustion Doctrine for Patented Seeds

On February 19, 2013, the United States Supreme Court heard oral arguments in Vernon Hugh Bowman v. Monsanto Company. This case has far-reaching implications for the patent exhaustion or first sale doctrine in...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

Universities Urge Supreme Court to Affirm in Bowman v. Monsanto

A group of universities, entities affiliated with universities, higher education associations, and entities involved in university technology management, in an amici brief filed in Bowman v. Monsanto, argue that reversal of...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

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