Supreme Court Got It Right In Seed Dispute

Law360, New York (May 13, 2013, 5:55 PM EDT) -- On May 13, the U.S. Supreme Court unanimously affirmed the Federal Circuit in a 10-page opinion in Bowman v. Monsanto. The court ruled that Vernon Bowman, a farmer, infringed Monsanto Co.’s patents for Roundup Ready seeds by growing subsequent, unauthorized generations beyond the first, authorized planting.

As anticipated, the Supreme Court ruled that the exhaustion doctrine applies to modern self-replicating technology in the same way that it applied to the then-prevalent technology when the doctrine was created — that is, “only to the particular item sold,...
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