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Indiana farmer’s tangle with seed producer over patent infringement gets SCOTUS review

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The Supreme Court of the United States has agreed to review a federal appeals court decision regarding patent infringement in a case involving an Indiana farmer and a seed producer.

At issue in Vernon Hugh Bowman v. Monsanto Company and Monsanto Technology LLC, 11-796, is whether the federal circuit erred by refusing to find a patent exhaustion in patented seeds even after an authorized sale and by creating an exception to the doctrine of patent exhaustion for self-replicating technologies.
 
In his petition for a writ of certiorari, Vernon Bowman contends the case merits a review by the Supreme Court because the federal circuit’s ruling conflicts with the high court’s precedents and is of “great importance to a wide swath of this country’s economy.”

Monsanto sued Bowman in October 2007 alleging patent infringement after it learned the Knox County farmer was growing more soybeans than his purchases from the company could generate.

Bowman typically planted two soybean crops during the season. For the first crop, he purchased Pioneer Hi-Bred soybean seeds from Pioneer Hi-Bred, a Monsanto licensed seed producer. For the second crop, which was planted later in the season and therefore was considered riskier, Bowman purchased commodity seeds from a local grain elevator.

He subsequently discovered that like the seeds he purchased from Pioneer for the first crop, the commodity seeds were not harmed or killed by the glyphosate-based herbicide. Also, unlike his first crop, Bowman saved seeds harvested from his second crop for replanting of additional late-season crops in later years.

Monsanto had developed and patented the biotechnology that made the seeds resistant to the herbicide, including the company’s Roundup brand herbicide. The seed producer argued its patent rights were not exhausted because of conditions in a licensing agreement, which Bowman signed, and because the protection is applicable to each generation of soybeans that contains the patented trait.

The U.S. District Court of the Southern District of Indiana granted Monsanto’s motion for summary judgment in June 2009, and the U.S. Court of Appeals for the Federal Circuit affirmed in September 2011.    



 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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