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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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