SCOTUS update: Bowman v. Monsanto

22 Apr

From SCOTUSblog:


Issue: Whether the Federal Circuit erred by (1) refusing to find patent exhaustion – a doctrine which eliminates the right to control or prohibit the use of an invention after an authorized sale – in patented seeds that were sold for planting; and (2) creating an exception to the doctrine of patent exhaustion for self-replicating technologies.

This is most likely one of the biggest cases of the year for the high court. Forbes provides an overview here.The repercussions from this case are far-reaching–from the farmer to the consumer–and affecting IP law along the way.  In late March, President Obama signed the Monsanto Protection Act, which protects the corporate giant from lawsuits. And DuPont and Monsanto recently agreed to bury the hatchet over antitrust and patent claims, with DuPont handing Monsanto $1.75 billion to license their genetic technology.

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