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SCOTUS to hear Indiana farmer’s case against Monsanto in February

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A patent infringement case involving a Knox County soybean farmer and an international seed producer will be argued Feb. 19 before the Supreme Court of the United States.

At issue in Vernon Hugh Bowman v. Monsanto Company, et al., 11-796, is whether the federal circuit erred by refusing to find the patent had been exhausted on seeds sold for planting and by creating an exception to the doctrine of patent exhaustion for self-replicating technologies.

Monsanto sued Bowman in October 2007 for planting a second crop of soybeans each growing season using seeds that carried the genetically engineered trait – developed by Monsanto – which made the seeds resistant to Roundup Ready herbicide. The company argued its patent rights were not exhausted because the patent 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 September 2009 in Monsanto Company v. Vernon Hugh Bowman, 2:07-cv-00283.

Judge Richard L. Young wrote, “In the end, despite Bowman’s compelling policy arguments addressing the monopolizing effect of the introduction of patented genetic modifications to seed producing plants on an entire crop species, he has not overcome the patent law precedent which breaks in favor of Monsanto with regard to its right to patent protection against the use of the progeny of its patented Roundup Ready seeds.”

In petitioning the high court to hear his case, Bowman cited Quanta Computer, Inc., v. LG Electronics, Inc., 553 U.S. 617 (2008). Here, Bowman contended, the Supreme Court’s ruling of the patent exhaustion doctrine extended to seeds when they are sold to a grain elevator.  

A number of organizations have filed amicus briefs in support of Bowman. These nonprofits include the Automotive Aftermarket Industry Association, Automotive Parts Remanufacturers Association, and International Imaging Technology Council; the American Antitrust Institute, National Farmers Union, Food & Water Watch, Organization for Competitive Markets, and National Family Farm Coalition; and the Public Patent Foundation.  
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. 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

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