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BOWMAN v. MONSANTO CO.

No. 11-796.

133 S.Ct. 1761 (2013)

185 L.Ed.2d 931

Vernon Hugh BOWMAN, Petitioner v. MONSANTO COMPANY et al.

Supreme Court of United States.

Decided May 13, 2013.

Attorney(s) appearing for the Case

Mark P. Walters, Seattle, WA, for Petitioner.

Melissa Arbus Sherry, for the United States as amicus curiae, by special leave of the Court.

Seth P. Waxman, Washington, DC, for Respondents.

Mark P. Walters, Counsel of Record, Dario A. Machleidt, Eric A. Lindberg, Frommer Lawrence & Haug LLP, Seattle, WA, Edgar H. Haug, Steven M. Amundson, Vicki M. Franks, Jonathan A. Herstoff, Andrew M. Nason, Frommer Lawrence & Haug LLP, New York, NY, for Petitioner.

Daniel C. Cox, David B. Jinkins, Jeffrey A. Masson, Thompson Coburn LLP, St. Louis, MO, Seth P. Waxman, Counsel of Record, Paul R.Q. Wolfson, Gregory H. Lantier, Christopher E. Babbitt, Weili J. Shaw, Ari Holtzblatt, Wilmer Cutler Pickering, Hale and Dorr LLP, Washington, DC, for Respondents.

Justice KAGAN delivered the opinion of the Court.

Under the doctrine of patent exhaustion, the authorized sale of a patented article gives the purchaser, or any subsequent owner, a right to use or resell that article. Such a sale, however, does not allow the purchaser to make new copies of the patented invention. The question in this case is whether a farmer who buys patented seeds may reproduce them through planting and harvesting without the patent holder's permission...

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