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 2025

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

Edward Russavage and Maria Crusey at Wolf Greenfield say that OpenAI MDL could broaden discovery and reshape how clients navigate AI copyright disputes
The UPC has increased some fees by as much as 32%, but firms and their clients had been getting a good deal so far
Meryl Koh, equity director and litigator at Drew & Napier in Singapore, discusses an uptick in cross-border litigation and why collaboration across practice areas is becoming crucial
The firm says new role will be at the forefront of how it delivers value and will help bridge the gap between lawyers, clients and tech
Qantm IP’s CEO and AI programme lead discuss the business’s investment and M&A plans, and reveal their tech ambitions
Controversial plans were scrapped by the Commission earlier this year after the Parliament had previously backed them
Lawyers at Spoor & Fisher provide an overview of how South Africa is navigating copyright and consent requirements to improve access to works for blind and visually impaired people
Gillian Tan explains how she balances TM portfolio management with fast-moving deals, and why ‘CCP’ is a good acronym to live by
In the eighth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP Ability, a network for disabled people and carers active in the IP profession
The longest government shutdown in US history froze ITC operations, yet IP practices stayed steady as firms relied on early preparation and client communication
Gift this article