Monsanto Co. v. Bowman (Fed. Cir. 2011)

Patent Exhaustion Does Not Apply to Genetically Engineered Seed By Kevin E. Noonan — Yesterday, the Federal Circuit once again upheld a judgment of infringement brought by Monsanto against a farmer who replanted its patented Roundup Ready® seed. As it had in Monsanto Co. v. McFarling, Monsanto Co. v. David, and Monsanto Co. v. Scruggs, the Court in Monsanto Co. v. Bowman rejected defendant's argument, here that Monsanto's infringement action should be dismissed under the doctrine of patent exhaustion. The difference is that this decision comes after the Supreme Court's opinion in Quanta Computer, Inc. v. LG Electronics, Inc., which…

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