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Tuesday, June 4, 2013

Biotechnology Industry Reaps a Harvest of Patent Protection from Supreme Court Ruling


Wei R. CampbellKathleen M. Williams, Ph.D.
 
By Wei Campbell and Kathleen Williams. Members of our Life Sciences Practice Group
May 2013 IP Update
 
At the height of this spring season, the Supreme Court planted a seed of hope for the biotechnology and other industries that offer self-replicating technologies. In Bowman v. Monsanto Co., the court unanimously ruled that farmer Vernon Bowman infringed upon Monsanto’s patents on soybean seeds when he replanted these genetically modified seeds to create more crops without paying Monsanto a fee.

The question before the court was “whether a farmer who buys patented seeds may reproduce them through planting and harvesting without the patent holder’s permission.” Monsanto holds patents on genetically modified soybean seeds, Roundup Ready, which are resistant to glyphosate, the active ingredient in many herbicides. (More)

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