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
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...
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...
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