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
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...