Intellectual Property
May 25, 2013
Narrow holding in Monsanto case leaves open questions
These open issues, which could have a significant impact on biotechnology companies, must await to be resolved until another day.
Erik C. Olson
Senior Associate
Farella Braun & Martel LLP
235 Montgomery St 17th Fl
San Francisco , CA 94104
Phone: (415) 954-4400
Fax: (415) 954-4480
Email: EOlson@fbm.com
UC Hastings COL; San Francisco CA
Stephanie P. Skaff
Partner
Farella Braun Martel LLP
Email: sskaff@fbm.com
UC Berkeley SOL; Berkeley CA
On May 13, the U.S. Supreme Court issued its decision in Bowman v. Monsanto Co., 2013 DJDAR 6041, which concerned whether and how patent exhaustion applies to later generations of seeds grown from patented seeds purchased through a sale authorized by the patentee. Monsanto patented genetically modified soybean seeds that were resistant to glyphosate herbicide. Monsanto or its affiliates sold these seeds to farmers subject to a license under which the farmer agreed not to use the p...
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