Supreme Court to Hear Appeal on Monsanto's RR Patent Rights

By CnAgri2012-10-08 19:42:35 Print

The Wall Street Journal reports the U.S. Supreme Court will hear an Indiana farmer's appeal that challenges the scope of Monsanto's patent rights on its Roundup Ready seeds.

The newspaper says the company, whose genetically modified seeds produce crops that are resistant to herbicide, has required farmers to use the patented seeds only for a single crop and not save the "second-generation" seeds from the harvest.

"In a short written order, the Supreme Court said it would consider the planting tactics of Indiana farmer Vernon Bowman, who appealed to the justices after Monsanto successfully sued him for patent infringement in the lower courts," the paper noted.

For several years, Bowman purchased Monsanto-licensed seed his first seasonal soybean crop and abided by the agreement not to save second-generation seeds. But for his late season "second crop" of soybeans, Bowman tried a different approach: he bought and planted "commodity seeds" from a grain elevator. Those soybean seeds were a mix and included some that contained Monsanto's technology. He chose to save the seeds from those second-crop harvests, which he used in subsequent years.

Monsanto argued the farmer's actions infringed upon its patents and lower federal courts agreed.