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Supreme Court’s ruling for Monsanto described as good decision

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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.•

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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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