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BOWMAN v. MONSANTO, ET AL.

Docket No.: 11-796
Certiorari Granted: Oct 5 2012
Argued: February 19, 2013
Decided: May 18,2013

Topics:

copyright, patent, property rights

PartyNames: Vernon Hugh Bowman v. Monsanto Company, et al.
Petitioner: Vernon Hugh Bowman
Respondent: Monsanto Company, et al.

Court Below: United States Court of Appeals for the Federal Circuit
Citation: 657 F.3d 1341
Supreme Court Docket

Vernon Hugh Bowman
v.
Monsanto Company, et al.
Background:

Patent exhaustion delimits rights of patent holders by eliminating the right to control or prohibit use of the invention after an authorized sale. In this case, the Federal Circuit refused to find exhaustion where a farmer used seeds purchased in an authorized sale for their natural and foreseeable purpose-namely, for planting.

Question Presented:

Patent exhaustion delimits rights of patent holders by eliminating the right to control or prohibit use of the invention after an authorized sale. In this case, the Federal Circuit refused to find exhaustion where a farmer used seeds purchased in an authorized sale for their natural and foreseeable purpose-namely, for planting. The question presented is: Whether the Federal Circuit erred by (1) refusing to find patent exhaustion in patented seeds even after an authorized sale and by (2) creating an exception to the doctrine of patent exhaustion for self-replicating technologies?

BOWMAN v. MONSANTO, ET AL.
ORAL ARGUMENT

February 19, 2013

Listen to Oral Argument in BOWMAN v. MONSANTO, ET AL.
Holding: AFFIRMED
Vote: 9-0
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