Subscribe free to our newsletters via your
. Space Travel News .




FARM NEWS
US Supreme Court finds for Monsanto in seed patent battle
by Staff Writers
Washington (AFP) May 13, 2013


The US Supreme Court ruled in favor of Monsanto Monday over an Indiana farmer accused of having pirated the genetically-modified crops developed by the agribusiness giant.

The high court's unanimous decision focuses specifically on seed production, but experts say it may also have implications on intellectual property law in medicine, biotechnology and software.

The nine justices ruled that laws limiting patents do "not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder's permission."

The crux of the argument was over "patent exhaustion" which states that, after a patented item has been sold, the purchaser has "a right to use or resell that article," Justice Elena Kagan explained in the court's 10-page decision.

"Such a sale, however, does not allow the purchaser to make new copies of the patented invention," she added.

At 2 pm (1800 GMT) on Monday after the ruling, Monsanto stock was down 1.1 percent at $106.94.

In a lawsuit filed in 2007, Monsanto had accused Vernon Hugh Bowman, a farmer, of infringing on its intellectual property rights by replanting, cultivating and selling herbicide-resistant soybean seeds it spent more than a decade developing.

The patented seed, which allows farmers to aerially spray Monsanto-made Roundup herbicide over their entire fields, was invented in 1996 and is now grown by more than 90 percent of the 275,000 US soybean farmers.

The farmer, 75, said he had respected his contract with Monsanto and purchased new Roundup Ready seeds each year for his first planting.

But he said hard times forced him to purchase a cheaper mixture of seeds from a grain elevator starting in 1999, which he used for his second planting.

The mixture included Roundup Ready soybeans, which Bowman was able to isolate and replant from 2000 to 2007.

"Under the patent exhaustion doctrine, Bowman could resell the patented soybeans he purchased from the grain elevator; so too he could consume the beans himself or feed them to his animals," Kagan explained.

"But the exhaustion doctrine does not enable Bowman to make additional patented soybeans without Monsanto's permission (either express or implied).

"And that is precisely what Bowman did," she said.

The court found that the law rightly protects Monsanto from such a practice because, "were the matter otherwise, Monsanto's patent would provide scant benefit."

It upheld a lower court ruling demanding Bowman -- whose lawyer has said is in dire economic straits -- pay the $85,000 in damages Monsanto had sought.

Monsanto cheered the decision in a statement Monday.

"The Court's ruling today ensures that longstanding principles of patent law apply to breakthrough 21st century technologies that are central to meeting the growing demands of our planet and its people," Monsanto executive vice president David Snively said.

The company had been supported in court by the US government and, during the hearing, several justices already seemed disposed to rule in its favor.

Monsanto attorney Seth Waxman argued that Bowman was able to profit from the seed giant's technology without having to pay for it, comparing the case to software piracy.

The high court agreed:

"If simple copying were a protected use, a patent would plummet in value after the first sale of the first item containing the invention," Kagan wrote in the decision. "And that would result in less incentive for innovation than Congress wanted."

Although the decision specifically limited its scope to the seed industry, "there's one clause saying it may be broader," patent expert Michael Ward told AFP.

"Where the replication is not inadvertent, as long the replication is not a necessary but incidental step, that decision would apply," he explained.

.


Related Links
Farming Today - Suppliers and Technology






Comment on this article via your Facebook, Yahoo, AOL, Hotmail login.

Share this article via these popular social media networks
del.icio.usdel.icio.us DiggDigg RedditReddit GoogleGoogle








FARM NEWS
Plants 'talk' to plants to help them grow
London, UK (SPX) May 13, 2013
Having a neighborly chat improves seed germination, finds research in BioMed Central's open access journal BMC Ecology. Even when other known means of communication, such as contact, chemical and light-mediated signals, are blocked chilli seeds grow better when grown with basil plants. This suggests that plants are talking via nanomechanical vibrations. Monica Gagliano and Michael Renton f ... read more


FARM NEWS
NASA Awards Contract to Modify Mobile Launcher

Angara Rocket Launch Delayed to 2014

ESA's Vega launcher scores new success with Proba-V

European Vega rocket launch delayed due to weather

FARM NEWS
NASA Curiosity Rover Team Selects Second Drilling Target on Mars

Opportunity Making Smallest Turn Yet, As Dust Storm Affects Rover

More than 78,000 people apply for one-way trip to Mars

Austria Aims For Mars Via Morocco

FARM NEWS
Northrop Grumman Completes Lunar Lander Study for Golden Spike Company

Scientists Use Laser to Find Soviet Moon Rover

Characterizing The Lunar Radiation Environment

Russia rekindles Moon exploration program, intends setting up first human outposts there

FARM NEWS
'Vulcan' wins Pluto moon name vote

Public to vote on names for Pluto moons

The PI's Perspective: The Seven-Year Itch

New Horizons Gets a New Year's Workout

FARM NEWS
NASA's Hubble Space Telescope Finds Dead Stars Polluted with Planet Debris

The Great Exoplanet Debate

NASA's Spitzer Puts Planets in a Petri Dish

Two New Exoplanets Detected with Kepler, SOPHIE and HARPS-N

FARM NEWS
Boeing X-51A WaveRider Sets Record with Successful Fourth Flight

AFOSR-funded research key to revolutionary 'green' spacecraft propellant

Air Force's experimental scramjet aircraft hits Mach 5.1 -- 3,880 mph

SNC's Hybrid Rocket Engines Power SpaceShipTwo on its First Powered Flight Test

FARM NEWS
China launches communications satellite

On Course for Shenzhou 10

Yuanwang III, VI depart for space-tracking missions

Shenzhou's Shadow Crew

FARM NEWS
Dawn On Route From Vesta to Ceres

Nine-Year-Old Names Target of UA-led NASA Mission

Asteroid Could Fly 8,600 Km From Earth in 2026

Astronomer: Asteroid could make close flyby in 2026




The content herein, unless otherwise known to be public domain, are Copyright 1995-2014 - Space Media Network. AFP, UPI and IANS news wire stories are copyright Agence France-Presse, United Press International and Indo-Asia News Service. ESA Portal Reports are copyright European Space Agency. All NASA sourced material is public domain. Additional copyrights may apply in whole or part to other bona fide parties. Advertising does not imply endorsement,agreement or approval of any opinions, statements or information provided by Space Media Network on any Web page published or hosted by Space Media Network. Privacy Statement