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Supreme Court of the United States › Infringement › Monsanto

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Knobbe Martens

Federal Circuit Review - Volume 3 | Issue 6 June 2013

Knobbe Martens on

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

McDermott Will & Emery

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

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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

McNees Wallace & Nurick LLC

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

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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

Foley & Lardner LLP

Supreme Court Finds for Monsanto in Seed Harvesting Case

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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

Saul Ewing Arnstein & Lehr LLP

U.S. Supreme Court Qualifies Patent Exhaustion

Saul Ewing Arnstein & Lehr LLP on

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

Farella Braun + Martel LLP

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

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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

Orrick, Herrington & Sutcliffe LLP

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

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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

Eversheds Sutherland (US) LLP

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

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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

Ballard Spahr LLP

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

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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

BakerHostetler

Patent Watch: Bowman v. Monsanto Co.

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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

Morrison & Foerster LLP

Bowman v. Monsanto: Crisis Averted on IP Protection for Self-Replicating Technologies

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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

McDonnell Boehnen Hulbert & Berghoff LLP

Bowman v. Monsanto Co. (2013)

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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

JD Supra Perspectives
Bowman v. Monsanto

Supreme Court Ruling on Patent Rights of Self-Replicating Technology

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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

Eversheds Sutherland (US) LLP

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

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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

McDonnell Boehnen Hulbert & Berghoff LLP

Government Sticks to Its Guns in Bowman v. Monsanto Amicus Brief

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Over the past decade, the Supreme Court's increased interest in patent law cases was paralleled by briefs from the Solicitor General advising the Court to grant certiorari. The apparent influence of the government has waned...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

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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

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