Tomorrow morning, the Supreme Court will hear case 11-796, Vernon Hugh Bowman v. Monsanto Company. The question they are considering is as follows: Patent exhaustion delimits rights of patent holders by eliminating the right to control or prohibit use of the invention after an authorized sale. In this case, the Federal Circuit refused to find exhaustion where a farmer used seeds purchased in an authorized sale for their natural and foreseeable purpose-namely, for planting. The question […]
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