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

With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
The new court has drastically changed the German legal market, and the Munich-based firm, with two recent partner hires, is among those responding
Consultation feedback on mediation and arbitration rules and hires for Marks & Clerk and Heuking were also among the major talking points
Nick Groombridge shares how an accidental turn into patent law informed his approach to building a practice based on flexibility and balancing client and practitioner needs
Gift this article