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Alleged infringing farmer files Scotus merits brief on patent exhaustion
  • Shook Hardy & Bacon LLP
  • USA
  • December 7 2012

Indiana farmer Vernon Bowman claims in his U.S. Supreme Court merits brief that the Federal Circuit Court of Appeals, which ruled that he infringed patents by planting second-generation genetically modified (GM) seeds, has “significantly curtailed the patent-exhaustion defense” by refusing to “hold Monsanto’s patent rights exhausted with respect to the seeds Bowman purchased from a grain elevator.”