. Energy 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




Memory Foam Mattress Review

Newsletters :: SpaceDaily Express :: SpaceWar Express :: TerraDaily Express :: Energy Daily
XML Feeds :: Space News :: Earth News :: War News :: Solar Energy News

Get Our Free Newsletters
Space - Defense - Environment - Energy - Solar - Nuclear

...





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
Vietnam to launch second remote sensing satellite into orbit by 2017

e2v image sensors launched into space on board Vietnam's first optical Earth observation satellite

China Successfully Sends First Gaofen Satellite Into Space

ESA's next Earth Explorer satellite Will Map The Tropics

FARM NEWS
Orbcomm Signs Seven New Customers In Transportation And Logistics Industry

Turn your satnav idea into business

NIST demonstrates transfer of ultraprecise time signals over a wireless optical channel

Spatial Dual Offers Dual Antenna For GNSS/INS

FARM NEWS
Indonesia extends logging ban to protect rainforest

Loss of Eastern Hemlock Will Affect Forest Water Use

US urban trees store carbon, provide billions in economic value

Forest-mapping satellite to join Earth study mission: ESA

FARM NEWS
WELTEC BIOPOWER constructs 1.8 MW plant in Finland

UGA researchers explore how to harvest electricity directly from plants

New Advance in Biofuel Production

Researchers work to capture electrical energy from plants

FARM NEWS
DuPont Photovoltaic Solutions Leadership Highlights Growth, Innovation and Collaboration at SNEC China

Perfectly doped quantum dots yield colors to dye for

Sempra US Gas and Power Dedicates Arizona Solar Project

ReneSola Solar Products Selected for Several Community-Scale Vermont Projects

FARM NEWS
Scotland approves 640-foot prototype offshore wind turbine

Wind Power: TUV Rheinland Certifies HybridDrive from Winergy

UK Ministry of Defense Deems Wind Towers a National Security Threat

Wales wind power line to go underground near historic village

FARM NEWS
Glencore Xstrata cancels coal export terminal plans

Proposed U.S. Northwest coal export project scrapped

China mine accident kills 22: state media

Australia in danger of 'carbon bubble'

FARM NEWS
Change in China 'inevitable', says blind activist Chen

China social media hailed after official toppled

Migrant death sparks 'anti-suicide' protest in China

China academic's weibo blocked over 'rumours': Xinhua




The content herein, unless otherwise known to be public domain, are Copyright 1995-2012 - 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