How Bowman V. Monsanto May Wreak Havoc On Biotechnology

Law360, New York (April 15, 2013, 1:03 PM EDT) -- On Feb. 19, 2013, the U.S. Supreme Court heard oral argument in Bowman v. Monsanto Company, a case involving the applicability of patent exhaustion to replicating technologies. The U.S. Supreme Court’s decision (likely to be issued by June) has the potential to have enormous impact on any life sciences company who makes, sells, uses or purchases self-replicating biotechnology (e.g., bacteria, cell lines, plasmids, microorganisms, synthetic molecules and other human-made living organisms) for research, diagnostic testing and/or industrial scale manufacturing.

The case dates back to Oct. 12,...
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