The Supreme Court upheld Monsanto Co.’s patent infringement claim against an Indiana farmer who violated the company’s patents on weed killer resistant soybean seeds (Bowman v. Monsanto Co.). The decision came down as a unanimous vote Monday (5.13.2013). In their defense, the farmer’s argued cheap soybeans bought from a grain elevator were not covered by the Monsanto patents. Today, more than 90 percent of American soybean farms use Monsanto’s “Roundup Ready” seeds.
Yet another chapter in the ongoing discussion involving gene patents, the Monsanto case was been closely watched by researchers and businesses holding patents on DNA molecules, nanotechnologies and other self-replicating technologies. Ever since the landmark holding in Diamond v. Chakrabarty, which held anything under the son made by man was patentable, the High Court has set a precedent of siding with the patent holder. Voice your opinion on this patent law issue below. And, as always, if you have any patent, trademark, copyright, or other intellectual property related questions, don’t hesitate to contact us at our Los Angeles or Beverly Hills Office by calling (310) 276-6664.