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Supreme Court rules for Monsanto in case against farmer

54 pointsby zacharyvoaseabout 12 years ago

15 comments

grellasabout 12 years ago
A few thoughts on this case:<p>The farmer here knew of Monsanto's license by which you could buy their genetically-altered (patented) seeds for the purpose of planting one crop only and selling that crop, with the need each year to buy more of the patented seeds from Monsanto directly or from one of its authorized resellers and with a specific prohibition on any form of replanting. Each year, he routinely bought these seeds and planted them in accordance with the license restrictions for his primary crop. For his secondary crop each year for eight years running, though, he bought seeds generically on resale from a grain elevator, planted them in a such a way as to isolate which parts of the resulting crop were from the Monsanto seeds, and, through a continual culling process, regularly wound up planting these Monsanto seeds for an 8-year period so as to get the benefits of the patented seeds without having to buy them from Monsanto or a Monsanto dealer. When he got sued over this, he argued that the "bean did it" by claiming that he did not himself "make" or "create" an infringing product so as to infringe Monsanto's patent but rather forces of nature over which he had no control created the new product, thereby absolving him for any responsibility for infringement.<p>People often mock the law for its occasional absurdities and for its bone-crushing processes, and rightly so. But most U.S. law at its core is grounded in sound principles that make a lot of sense, and the case here represents one such instance.<p>Granting the premise of patent laws that an inventor is to have monopoly protection for a prescribed period in order to profit from his invention, it makes perfect sense that the patent exhaustion doctrine should not be interpreted such that, after but a single sale of the product that benefits the patent holder, others can simply make copies of the product for sale or use directly and without compensating the patent holder in any way. Now, some may support such an outcome in the name of sticking a thumb in the eye of patent holders but, given that U.S. courts do not have a mission to subvert the patent laws and instead seek to uphold them as the law of the land, those courts cannot really abide such a result. Instead, they will say that the farmer's argument here that the "bean did it" is pure sophistry and a way of subverting the plain purpose of the law. That is exactly what the U.S. Supreme Court did here. And that is why it was unanimous. By legal standards, it really was not a close call.<p>In the words of the Court: "In the case at hand, Bowman planted Monsanto’s patented soybeans solely to make and market replicas of them, thus depriving the company of the reward patent law provides for the sale of each article. Patent exhaustion provides no haven for that conduct."<p>All that said, the court was very careful to note that its ruling does not in any way apply to all forms of self-replicating product: "We recognize that such inventions are becoming ever more prevalent, complex, and diverse. In another case, the article’s self-replication might occur outside the purchaser’s control. Or it might be a necessary but incidental step in using the item for another purpose." Thus, the ruling was not a knee-jerk upholding of maximum protection for the patent laws. The court seems more than ready to keep an open mind when it comes to changing technology. It simply was not ready to give sanction to a clever interpretation of law that would have undercut the very fundamentals of why the law existed in the first place.
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mjt0229about 12 years ago
I wonder if this says anything about the ruling we can expect from the court on the Myriad Genetics case. The New York Times summary implied that the farmer in question had some knowledge that he was using seeds in a way that might infringe, if you buy the argument that organisms can be patented. I don't love that argument, but the possibility of knowing infringement complects the case somewhat.<p>However, I'm somewhat comforted by the expressed limitation in the ruling, that it pertains to this case only.<p>In the end, I can't say I'm informed enough to defend my opinion on this case, but I have to say that I'm disappointed.
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brownbatabout 12 years ago
I don't see this case as determining the patent eligibility of biological material generally, nor about answering what happens if patented seed contaminates your field. I feel those issues are driving interest in Monsanto cases, but this isn't one of them.<p>I'll take a stab at explaining why this was a really boring case.<p>Roughly, the law allows you to use a patented object as you see fit, that's the "exhaustion doctrine." Patents aren't a full license that controls every aspect of the owners use of an object, it just prevents copying. Well, ok, what if typical use of the object makes a new copy?<p>Here, the patented object is a seed, where its main inherent function is self-duplication. You could use it for other things, as filler for bean bag chairs, as fuel for a massive fire, as feed, whatever. But the main thing seeds do is reproduce themselves.<p>So does the exhaustion doctrine apply?<p>No. The patent system is mainly a DO NOT COPY law. It's not mainly a USE THINGS YOU OWN law. The exhaustion doctrine is an artifact, a patch, to keep DO NOT COPY from getting out of hand.<p>It should surprise no one what when asked if the DO NOT COPY law means DO NOT COPY, that SCOTUS should reply, "Why, yes, it means exactly that."<p>I'm not a huge fan of the way Monsanto has aggressively leveraged bio patents against some farmers. Hell, I'm skeptical of the economic utility of state granted monopolies in general. But this case was never realistically addressing any of that. We had a knowing infringer, so none of the most abusive practices. The broader bio patent theories are very well established. (This isn't SCOTUS's first time at the bio patent rodeo.)<p>The case was a "could you repeat your definition?" "Sure, here's that same definition."
grecyabout 12 years ago
Interesting to see the diverging paths being taken by America and a ton of developed countries, where Monsanto has been removed and banned (Austria, Bulgaria, Germany, Greece, Hungary, Ireland, Japan, Luxembourg, Madeira, New Zealand, Peru, South Australia, Russia, France, and Switzerland)
gnowayabout 12 years ago
This is disappointing but not at all unexpected.<p>Monsanto is sitting on a 'terminator' capability that allows them to make second-generations seeds sterile. They don't use it, obviously, but wouldn't it be better for consumers if they did?<p>- Farmers still have to buy seeds every year - Farmers do not have to worry about cross pollination - Farmers do not have to fear second-hand seeds (this case) - Seed washers do not have to fear lawsuit + no volume, only no volume - Monsanto can stop suing everyone<p>What am I missing, other than Monsanto leaving the door open so they can strengthen their position through the courts like this?
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droithommeabout 12 years ago
The most interesting part about this was that it was 9-0.
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ricreeabout 12 years ago
The Supreme Court only takes on a fraction of the cases that appeal to them. Given the 9-0 ruling and seemingly clearcut contract situation, does anyone know why they chose to take this case in the first place?
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harshrealityabout 12 years ago
This decision rests on the common, but arbitrary view that different generations of organisms are different things, when they can instead be viewed as <i>all the same entity</i>. Of course, that view is not very popular, and would completely destroy any hope of collecting meaningful royalties from non-sterile genetically modified organisms.<p>This <i>unanimous</i> decision by SCOTUS shows a sickening lack of appreciation for the complexity of the problem. We need more creative and forward-thinking people interpreting our laws.
codgercoderabout 12 years ago
I wonder if this means I can buy a product from someone that, unbeknownst to me, violates a patent, and the patent holder can come after me.
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D9uabout 12 years ago
Absolutely disgusting!!! The very notion of "copyright" being applied to life forms is the antithesis of freedom.<p>A clear case of government, of the corporation, by the corporation, for the corporation. The People be damned!<p>Soybeans are living beings, and have been around longer than Monsanto, and the US government, combined. As such, humanity in general should claim infringement of our unalienable right to cultivate whichever seeds we find upon the face of the Earth, without fear of prosecution by multi-national corporate interests.
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protomythabout 12 years ago
For those that want to read the ruling: <a href="http://www.supremecourt.gov/opinions/12pdf/11-796_c07d.pdf" rel="nofollow">http://www.supremecourt.gov/opinions/12pdf/11-796_c07d.pdf</a><p>or hear the oral arguments: <a href="http://www.supremecourt.gov/oral_arguments/argument_audio_detail.aspx?argument=11-796" rel="nofollow">http://www.supremecourt.gov/oral_arguments/argument_audio_de...</a>
yaddayaddaabout 12 years ago
With the outrage over Monsanto's patenting, why have we not had a kickstarter to develop an "opensource" alternative to roundup resistant seeds? (ala <a href="http://www.kickstarter.com/projects/antonyevans/glowing-plants-natural-lighting-with-no-electricit" rel="nofollow">http://www.kickstarter.com/projects/antonyevans/glowing-plan...</a> )
LanceHabout 12 years ago
I'm always curious about one detail in these cases. There is only a real benefit if they're using Roundup, right? Are they also under agreement when they purchase the pesticides?
ryanmerketabout 12 years ago
This is really scary...
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EGregabout 12 years ago
IP is one of the last economic sectors where the US has a commanding lead. Of course the US government is going to strongly protect IP, and seek more trade agreements around the world to respects its IP, because otherwise its trading deficit would unravel faster and wages in the US would be rapidly depressed towards the average in the world: $75 a day (for official wage earners ... for many people in the world it's more like $2 a day).<p>Source: <a href="http://www.bbc.co.uk/news/magazine-17512040" rel="nofollow">http://www.bbc.co.uk/news/magazine-17512040</a><p>In turn this would probably lower the demand for US dollars, as the US government would be getting less revenue in $ from the working class whereas the investor class would probably diversify more around the world.<p>The funny thing is that, even as the US pushes for more countries to work with it to enforce IP (such as the crackdown on MegaUpload), it doesn't enforce many trademarks from other countries: <a href="http://www.forbes.com/sites/larryolmsted/2012/04/12/foods-biggest-scam-the-great-kobe-beef-lie/" rel="nofollow">http://www.forbes.com/sites/larryolmsted/2012/04/12/foods-bi...</a>
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