Thoughts On Oral Arguments In Seed Patent Case

Law360, New York (February 20, 2013, 6:09 PM EST) -- On Feb. 19, the U.S. Supreme Court heard arguments in Bowman v. Monsanto. While the case specifically addresses patent exhaustion in the progeny of soybean seeds, the court’s opinion could impact the protectability of some of the most innovative biotechnology — including that relating to self-replicating technologies.

From the oral argument, we provide the following analysis. Before doing so, we offer the caveat that it is not uncommon for the content of oral argument, and the questions that are asked, to have little or nothing to...
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