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Opinion recap: Justices firmly validate patent rights to genetically modified seeds – Ronald Mann

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Conference of May 16

Posted Wed, April 21st, 2010 8:30 am

We are expecting one or more opinions this morning from the Court starting at 10 a.m. We will be "live" blogging, as we did yesterday.

Afterward the Court will hear oral argument in just one case, Krupski v. Costa Crociere (09-337). The question presented is whether Federal Rule of Civil Procedure 15(c)(1)(C) "“ which permits an amended complaint to "relate back," for limitation purposes, when the amendment corrects a "mistake concerning the proper party's identity""“ permits "mistakes" when the plaintiff had imputed knowledge of the identity of an additional defendant prior to filing suit.

Posted in Uncategorized, What's Happening Now

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Court upholds Monsanto’s patent on genetically modified seed

In an unanimous decision, the Court held that a soybean farmer cannot reproduce agri-giant Monsanto’s patented, genetically modified seeds through planting and harvesting without the company’s permission. Marcia Coyle of The National Law Journal joins Jeffrey Brown to discuss the legal, agricultural, and technological implications of this decision.
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Recently Decided Cases
- Bowman v. Monsanto Co. Patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting.
- Bullock v. BankChampaign, N.A. In bankruptcy, “defalcation” includes culpable state of mind requirement.
- Dan's City Used Cars, Inc. v. Pelkey State law regulating the sale and disposal of a vehicle that has been towed is not preempted by FAAAA.
- McBurney v. Young Denying non-residents access to state public records is not unconstitutional.
- Moncrieffe v. Holder Minor marijuana offenses not automatically deportable offenses
This Week at the Court

At 9:30 a.m. on Monday we expect orders from the May 16 Conference. Our list of “Petitions to watch” for that Conference is here. At 10 a.m. we expect opinions in argued cases. We will begin live blogging shortly before 9:30.
On Thursday the Justices will meet for their May 23 Conference. Our list of “Petitions to watch” for that Conference is here.
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Major cases of the Term
- Fisher v. University of Texas at Austin
  Affirmative action
- Shelby County v. Holder
  Constitutionality of Section 5 of Voting Rights Act
- Hollingsworth v. Perry
  California's definition of marriage and the Equal Protection Clause
- United States v. Windsor
  Constitutionality of the Defense of Marriage Act
- Association for Molecular Pathology v. Myriad Genetics, Inc.
  Are human genes, taken out of the body but not changed, eligible for patenting?
See allUpcoming Petitions
- Evans v. Crews Legality of Florida capital sentencing regime
- Medtronic, Inc. v. Boston Scientific Corp. Burden of proof for patent infringement declaratory judgments
- Town of Greece v. Galloway Constitutionality of legislative prayer practice
- White v. Woodall Sixth Circuit grant of habeas relief for capital defendant
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Term Snapshot

Cases argued 74

Cases decided 39

Summary reversals 3

Merits Cases Set for Argument 74
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This week at the Court	12:01am on 5/19
Solicitor General files invitation briefs for June 6 Conference	3:52pm on 5/18
Petition of the day	10:36pm on 5/17
Ask the author: Floyd Abrams & his fighting faith	4:05pm on 5/17
Survey results	2:45pm on 5/17

9
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13
Orders and opinions

16
Conference

23
Conference

30
Conference

Cases argued	74
Cases decided	39
Summary reversals	3
Merits Cases Set for Argument	74