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SCOTUS rules against Indiana farmer in seed patent case

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A unanimous Supreme Court of the United States has ruled that patent exhaustion doesn’t allow a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission.

The justices handed down the ruling Monday morning in Bowman v. Monsanto Co., et al., 11-796, in which Monsanto Co. sued Indiana farmer Vernon Hugh Bowman for patent infringement. Bowman purchased Monsanto’s patented Roundup Ready soybeans from an authorized dealer for his first crop of the season. Those seeds have been genetically altered to survive exposure to the herbicide glyphosate.

But in an effort to reduce planting costs, Bowman purchased soybeans intended for consumption from a grain elevator and planted them later in the season. He harvested some of the soybeans that contained the Roundup Ready trait to use again for late-season planting in the next season.

The purchase agreement of Roundup Ready soybeans permits a grower to plant those seeds in only one season, and a grower may not save them for replanting or supply them to anyone else for that purpose.

The District Court in the Southern District of Indiana ruled in favor of Monsanto, which the Federal Circuit affirmed, awarding nearly $85,000 in damages to Monsanto.

Bowman argued that exhaustion shouldn’t apply in this case because he is using seeds in the normal way farmers do. Allowing Monsanto to interfere with that use would create an impermissible exception to the exhaustion doctrine for patented seeds.

“Our holding today is limited — addressing the situation before us, rather than every one involving a self-replicating product. We recognize that such inventions are becoming ever more prevalent, complex, and diverse,” Associate Justice Elena Kagan wrote, noting it was Bowman, and not the bean, who controlled the reproduction of Monsanto’s patented invention. “In another case, the article’s self-replication might occur outside the purchaser’s control. Or it might be a necessary but incidental step in using the item for another purpose. We need not address here whether or how the doctrine of patent exhaustion would apply in such circumstances.

“In the case at hand, Bowman planted Monsanto’s patented soybeans solely to make and market replicas of them, thus depriving the company of the reward patent law provides for the sale of each article. Patent exhaustion provides no haven for that conduct,” the court held.

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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