Supreme Court Affirms Patent Exhaustion Not Applicable in Seed Dispute

WASHINGTON, D.C. - (Mealey's) A soybean farmer accused of infringing a patented pesticide-resistant seed was defeated May 13 in his efforts to avoid liability via the patent exhaustion doctrine, when the U.S. Supreme Court deemed the doctrine inapplicable to the dispute ( Vernon Hugh Bowman v...

Don’t Blame the Bean—U.S. Supreme Court Clarifies Patent Exhaustion Doctrine

As previously reported, yesterday the U. S. Supreme Court issued an opinion clarifying the doctrine of patent exhaustion. In Bowman v. Monsanto Co. (lexis.com subscribers may access Supreme Court briefs and an enhanced version of the opinion for this case) , a unanimous Court held that patent rights...

Monsanto Ruling Protects Innovators of Self-Replicating Biotechnology

In Bowman v. Monsanto, the Supreme Court found patent exhaustion does not permit a farmer to reproduce patented seeds for planting and harvesting without the patent holder's permission. This decision highlights the similarity between impermissibly replicating an invention and making use of a...

Biotechnology Industry Reaps a Harvest of Patent Protection from Supreme Court

Excerpt: At the height of this spring season, the Supreme Court planted a seed of hope for the biotechnology and other industries that offer self-replicating technologies. In Bowman v. Monsanto Co., 2013 U.S. LEXIS 3519 (2013) [ an enhanced version of this opinion is available to lexis.com subscribers...