Monsanto wins patent exhaustion case at Supreme Court

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Monsanto wins patent exhaustion case at Supreme Court

In a short and unanimous opinion in Bowman v Monsanto, the US Supreme Court has upheld the Federal Circuit’s ruling that an Indiana farmer may not reproduce patented seeds without the patent holder’s permission

The dispute concerned Monsanto’s Roundup Ready genetically modified seed and is the latest case to address patent exhaustion in the United States.

Justice Kagan delivered the opinion, which was published on May 13. She said: “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.”

But she also said that the holding was “limited”: “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.”

The Court’s decision was expected following the oral hearing, and the submission of the US government.

Oral arguments were heard in February. Farmer Hugh Bowman was represented by Mark Walters of Frommer Lawrence & Haug, while Monsanto was represented by Seth Waxman of WilmerHale.

Amicus briefs were submitted by Knowledge Ecology International, the Automotive Aftermarket Industry Association, the American Antitrust Institute, Public Patent Foundation, and the Center for Food Safety and Save Our Seeds.

more from across site and SHARED ros bottom lb

More from across our site

A Tokyo District Court ruling concerning movie spoilers, and a second chance for VLSI against Intel were also among the top talking points
Practitioners believe new AI tools at the USPTO will not replace lawyers or disrupt revenue, but instead expose where a trademark attorney’s value lies
Leighton Cassidy Legal hopes to leverage its founder's international experience and provide clients with a rare chance to receive litigation and prosecution under one umbrella
UKIPO rejects trademark application for 'Cristiano Ronaldo Origins' following opposition by Beck Greener client in a rare case that considered actual use
Partners at both firms have voted in favour of the tie-up, which marks ‘the largest law firm merger in history’
Head of IP, Andrew Brennan, and new partner, France Delord, explain how tech provides an edge in the battle for global brand owners’ business
Anton Hopen, shareholder at Trenam Law, shares how counsel should construct Section 101 claims as early 2026 PTAB data shows reversals rising in technical cases
Law firms should consider how they can help clients, as report calls on EU to use IP-backed financing to increase bloc’s competitiveness and attractiveness for businesses
In the final part of a series on challenging patent invalidation decisions in China, lawyers at Spruson & Ferguson and Marshall Gerstein share how courts adjudicate appeals
Stijn Debaene and Carina Gommers want Brussels-based Cast Law to be the place 'everybody wants to work'
Gift this article