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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

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  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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