December 2011

Source: ISB News Report - December 2011 
By Phill Jones

Monsanto has vigorously protected its patented technologies, embodied by the company's genetically engineered (GE) seeds. Monsanto v. Bowman is a recent lawsuit that concerns Monsanto's allegation of patent infringement by a farmer who planted the progeny of GE seeds covered by the company's US patents. The Federal Circuit said that the doctrine of patent exhaustion did not prevent an infringement action against Bowman, and explained its reasoning by quoting another case against a farmer: "The fact that a patented technology can replicate itself does not give a purchaser the right to use replicated copies of the technology. Applying the [patent exhaustion] doctrine to subsequent generations of self-replicating technology would eviscerate the rights of the patent holder."

Farmers Launch a Preemptive Strike Against Monsanto

In March 2011, the Public Patent Foundation (PUBPAT) filed a lawsuit on behalf of 60 family farmers, seed businesses, and organic farming agricultural organizations against Monsanto in a Manhattan federal district court. The objective of the lawsuit is to prevent Monsanto from effectively raising a patent infringement suit against a farmer whose crops become accidentally contaminated with Monsanto's GE seeds. Several months later, 23 additional plaintiffs joined the lawsuit.

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Website: http://www.virginia.edu

Published: January 1, 2012