ILNews

Supreme Court’s ruling for Monsanto described as good decision

Back to TopCommentsE-mailPrintBookmark and Share

The Supreme Court of the United States decision upholding the patent owned by Monsanto Co. was surprising only in its unanimous affirmation.

In Vernon Hugh Bowman v. Monsanto Co. et al., 11-796, the justices held that the doctrine of patent exhaustion does not permit a farmer to reproduce genetically modified seeds without the patent holder’s permission. Justice Elena Kagan delivered the opinion for the court.

“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,” Kagan wrote. “Patent exhaustion provides no haven for that conduct.”

The decision could indicate that the court ended up having second thoughts on accepting the case for review, said Mark Janis, director of the Center for Intellectual Property Research at Indiana University Maurer School of Law.

When Bowman petitioned for a writ of certiorari in December 2011, the solicitor general advised the court to deny the petition. The United States maintained that the petitioner’s primary argument – that the Federal Circuit’s “conditional sale” doctrine was inconsistent with the Supreme Court’s patent-exhaustion decisions – was not properly presented in this case.

The high court granted the writ anyway which, in cases involving patent law, usually indicates the Supreme Court will reverse the Federal Circuit’s decision, Janis said. However, the unanimous affirmation might be read as the court agreeing with the solicitor general’s view.

For eight years, Bowman, an Indiana farmer, planted two soybean crops. For his first soybean crop, Bowman purchased seeds created by Monsanto that were genetically modified to be resistant to Roundup Ready herbicide. He also signed the agreement limiting him to planting the seeds for one season only.

However, for a second crop planted late in the growing season, Bowman went to the grain elevator and bought commodity seeds. He discovered these seeds contained the same herbicide-resistant trait.

Monsanto sued, claiming Bowman was infringing on its patent. Bowman countered with a patent-exhaustion defense, arguing he was using the seeds in the normal way and allowing Monsanto to retain its patent right would “create an impermissible exception to the exhaustion doctrine.”

The Supreme Court ruled Bowman was making additional copies of patented soybeans without Monsanto’s permission, an activity that falls outside the protections of patent exhaustion.

“It is good to see that they confirmed that a plant reproducing a patented gene is something protectable,” said intellectual property attorney Jay Sanders, partner at Faegre Baker Daniels LLP. “I think in this case, they did a pretty good job of reading the facts before them.”

The court was careful to point out that its ruling was limited to the situation presented by Bowman in saving and replicating seeds. It does not apply to every case involving a self-replicating product.•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

ADVERTISEMENT