US Supreme Court Case on Patent Infringement by Farmers Planting the Progeny of Genetically Altered Seeds Covered by U.S. Patents

The U.S. Supreme Court has agreed to hear an appeal of a September 21, 2011 decision by the U.S. Federal Circuit Court of Appeals which found that an Indiana farmer had infringed Monsanto Company patents over genetically altered Roundup Ready® soybean seeds - Monsanto's Standard Form Technology Agreements "... restricts the grower’s use of the licensed Roundup Ready® seed to a single commercial crop season because the patented Roundup Ready® genetic trait carries forward into each successive seed generation ..." - However, Bowman argues that "... Monsanto's patent rights are exhausted with respect to all Roundup Ready® soybean seeds that are present in grain elevators as undifferentiated commodity ..."

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• The title of the U.S. Supreme Court case granted on October 5, 2012 is "Vernon Hugh Bowman, Petitioner v. Monsanto Company, et al." 

• The U.S. Supreme Court case granted on October 5, 2012

• The October 5, 2012 U.S. Supreme Court "Questions Presented" (.pdf)

• Reuters news article, titled "U.S. Supreme Court to review Monsanto seed patents"

• The title of the September 21, 2011 decision by the U.S. Federal Circuit Court of Appeals Case Number 2010-1068 is "MONSANTO COMPANY AND MONSANTO TECHNOLOGY LLC, Plaintiffs-Appellees, v. VERNON HUGH BOWMAN, Defendant-Appellant". 

• The September 21, 2011 decision by the U.S. Federal Circuit Court of Appeals Case Number 2010-1068 (.pdf)

 
Contact: Donald B. Verrilli Jr. is the Solicitor General at the United States Department of Justice and may be reached at 202 514 2217; e-mail: SupremeCtBriefs@USDOJ.gov