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| Authored by: Anonymous on Friday, June 14 2013 @ 07:03 PM EDT |
Caveat: IANAL
Although that may have been an argument presented by the
farmer.... I seriously doubt patent exhaustion allows you to breach your
contract. As a result that does not make sense.
Now the individual may
have also been in breach of contract - but that's not the finding. From the
ruling:
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.
The Supremes were
quite clear. Bowman was found infringing the patent. He was not found in
breach of contract.
Searching the ruling - there is absolutely no mention
of the word "Contract" ... not even as applied to Contract Law.
RAS[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Saturday, June 15 2013 @ 12:48 PM EDT |
In response to (1).
The patent covers seeds with a certain gene which
Monsanto inserted (copied from an unrelated species, crown gall/Agrobacterium
tumefaciens); an independent insertion would be infringing on the patent.
Before the lawsuit Monsanto tested the soybeans in question for this gene, so
it's known that he either used Monsanto's seeds or had access to an unauthorized
duplicate; in the latter case, he would have no claim to a right to use the
patent. His defense was based on the premise that he used Monsanto's
seeds.
Besides that, he was aware that the vast majority of soybeans were
grown from Roundup-Ready seeds-a fact which he showed his knowledge of by using
Roundup on them.
In response to RAS, any glyphosate on a non-"Roundup Ready"
crop is too much; it kills non-glyphosate-tolerant plants, period. If you spray
it in the course of normal farming activities, you either want to kill
everything or expect that you have glyphosate tolerant plants.
Since he
harvested the seeds rather than tilling it all under, it shows that his
infringement was willful. [ Reply to This | Parent | # ]
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