Supreme Court Backs Monsanto In Patent Case | Chemical & Engineering News
Volume 86 Issue 2 | p. 17 | Concentrates
Issue Date: January 14, 2008

Supreme Court Backs Monsanto In Patent Case

Department: Government & Policy
Credit: USDA
Credit: USDA

The Supreme Court, without comment, ruled in favor of Monsanto on Jan. 7 and upheld a lower court ruling that penalized a Mississippi farmer for reusing genetically modified soybean seeds. Monsanto was awarded $375,000 in damages after successfully suing Homan McFarling in 1999 for violating its patents by replanting Roundup Ready soybean seeds. McFarling saved 1,500 bushels of seeds from his 1998 soybean crop and planted those seeds in 1999. He did the same thing the following year. Monsanto sued, arguing that a technology agreement the farmer signed restricted him to using the seeds for only one growing season. McFarling's lawyers argued that patent law does not allow Monsanto "to control the future use of seeds that were a natural product of the seeds that he had bought and planted." But a federal appeals court sided with Monsanto, ruling that the "the licensed and patented product (the first-generation seeds) and the goods made by the licensed product (the second-generation seeds) are nearly identical copies." Monsanto says the Supreme Court's affirmation helps ensure "continued investment into the kind of research and development necessary to keep growers on the cutting edge of productivity. We believe strong intellectual property protection will encourage the investment needed to maintain continued crop improvement."

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