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J. E. M. AG SUPPLY, INC. v. PIONEER HI-BRED INTERNATIONAL, INC.

No. 99-1996.

534 U.S. 124 (2001)

122 S.Ct. 593

151 L.Ed.2d 508

J. E. M. AG SUPPLY, INC., dba FARM ADVANTAGE, INC., et al. v. PIONEER HI-BRED INTERNATIONAL, INC.

Supreme Court of United States.

Decided December 10, 2001.

Attorney(s) appearing for the Case

Bruce E. Johnson argued the cause for petitioners. With him on the briefs was S. P. DeVolder.

Edmund J. Sease argued the cause for respondent. With him on the brief were Herbert H. Jervis, Daniel J. Cosgrove, and Richard G. Taranto.

Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Olson, Acting Assistant Attorney General Schiffer, Austin C. Schlick, Barbara Biddle, Alfred Mollin, John M. Whealan, Bruce J. Chasan, Stephen Walsh, and James Michael Kelly.*

Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, Souter, and Ginsburg, JJ., joined. Scalia, J., filed a concurring opinion, p. 146. Breyer, J., filed a dissenting opinion, in which Stevens, J., joined, p. 147. O'Connor, J., took no part in the consideration or decision of the case.

Justice Thomas, delivered the opinion of the Court.

This case presents the question whether utility patents may be issued for plants under 35 U. S. C. § 101 (1994 ed.), or whether the Plant Variety Protection Act, 84 Stat. 1542, as amended, 7 U. S. C. § 2321 et seq., and the Plant Patent Act of 1930, 35 U. S. C. §§ 161-164 (1994 ed. and Supp. V), are the exclusive means of obtaining a federal statutory...

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