Narrow Monsanto Patent Ruling Ducks Self-Replication Issue

Law360, New York (May 13, 2013, 10:01 PM EDT) -- The U.S. Supreme Court handed Monsanto Corp. a big win Monday but avoided giving the kind of broad guidance some were expecting on the patent exhaustion doctrine as it applies to self-replicating products, leaving the door open to more fights over patented biotechnology and software.

The case centered on whether Indiana farmer Vernon Bowman had infringed Monsanto's patent-protected seeds for herbicide-resistant soybean plants by replanting harvested seeds instead of buying fresh batches from the agribusiness giant before each crop. Monsanto claimed Bowman had violated its legal...
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