California Supreme Court
May 18, 2013
Justices get it wrong in Monsanto
It is certainly true that patent exhaustion was no defense, but the court got it wrong when it comes to the word "makes." By Kelly Cunningham
The U.S. Supreme Court in Bowman v. Monsanto, No. 11-796 (May 13, 2013) held that patent exhaustion does not permit a farmer (Bowman) to reproduce patented seeds through planting and harvesting without getting permission from the patent holder (Monsanto) and that Bowman "makes" the seeds he harvests.
It is certainly true that patent exhaustion is no defense for Bowman, but the court got it wrong when it comes to the...
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