Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect orders from the April 18 Conference. On both Tuesday and Wednesday we expect one or more decisions in argued cases; we will be live blogging both days beginning at 9:45 a.m.

Bowman v. Monsanto Co.

Docket No. Op. Below Argument Opinion Vote Author Term
11-796 Fed. Cir. Feb 19, 2013
Tr.Aud.
May 13, 2013 9-0 Kagan OT 2012

Holding: Patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission.

Judgment: Affirmed, 9-0, in an opinion by Justice Kagan on May 13, 2013.

SCOTUSblog Coverage

DateProceedings and Orders
Dec 20 2011Petition for a writ of certiorari filed. (Response due January 23, 2012)
Jan 19 2012Waiver of right of respondent Monsanto Company to respond filed.
Jan 25 2012DISTRIBUTED for Conference of February 17, 2012.
Jan 26 2012Response Requested . (Due February 27, 2012)
Feb 27 2012Brief of respondents Monsanto Company, et al. in opposition filed.
Mar 14 2012DISTRIBUTED for Conference of March 30, 2012.
Apr 2 2012The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Aug 24 2012Brief amicus curiae of United States filed.
Sep 4 2012Supplemental brief of petitioner Vernon Hugh Bowman filed.
Sep 5 2012DISTRIBUTED for Conference of September 24, 2012.
Oct 1 2012DISTRIBUTED for Conference of October 5, 2012.
Oct 5 2012Petition GRANTED.
Nov 8 2012The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 3, 2012.
Nov 9 2012The time to file respondents' brief on the merits is extended to and including January 16, 2013.
Dec 3 2012Joint appendix filed (2 volumes). (Statement of costs filed.)
Dec 3 2012Brief of petitioner Vernon Hugh Bowman filed.
Dec 10 2012Brief amicus curiae of Knowledge Ecology International filed.
Dec 10 2012Brief amici curiae of Automotive Aftermarket Industry Association, et al. filed.
Dec 10 2012Brief amici curiae of American Antitrust Institute, et al. filed.
Dec 10 2012Brief amicus curiae of Public Patent Foundation filed.
Dec 10 2012Brief amici curiae of Center for Food Safety and Save Our Seeds filed.
Dec 18 2012SET FOR ARGUMENT ON Tuesday, February 19, 2013.
Jan 4 2013CIRCULATED.
Jan 4 2013Consent to the filing of amicus curiae briefs, in support of either partry or of neither party, received from counsel for the respondents.
Jan 8 2013Brief amicus curiae of United States filed. (Distributed)
Jan 9 2013Record received form the U.S.C.A. for the Federal Circuit. (1 Box)
Jan 11 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jan 16 2013Brief of respondents Monsanto Company, et al. filed. (Distributed)
Jan 17 2013Brief amicus curiae of BayhDole25, Inc. filed. (Distributed)
Jan 18 2013Brief amicus curiae of Intellectual Property Owners Association filed. (Distributed)
Jan 22 2013Brief amicus curiae of The New York Intellectual Property Law Association filed. (Distributed)
Jan 23 2013Brief amicus curiae of CropLife America filed. (Distributed)
Jan 23 2013Brief amicus curiae of BSA - The Software Alliance filed. (Distributed)
Jan 23 2013Brief amicus curiae of American Seed Trade Association filed. (Distributed)
Jan 23 2013Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Jan 23 2013Brief amicus curiae of Biotechnology Industry Organization filed. (Distributed)
Jan 23 2013Brief amicus curiae of CropLife International filed. (Distributed)
Jan 23 2013Brief amicus curiae of American Intellectual Property Law Association filed. (Distributed)
Jan 23 2013Brief amici curiae of Ecomonists filed. (Distributed)
Jan 23 2013Brief amicus curiae of law professor Christopher M. Holman filed. (Distributed)
Jan 23 2013Brief amicus curiae of CHS Inc. filed. (Distributed)
Jan 23 2013Brief amici curiae of Agilent Technologies, Inc., et al. filed. (Distributed)
Jan 23 2013Brief amici curiae of Wisconsin Alumni Research Foundation, et al. filed. (Distributed)
Jan 23 2013Brief amici curiae of American Soybean Association, et al. filed. (Distributed)
Jan 23 2013Brief amicus curiae of Pioneeer Hi-Bred International, Inc. filed. (Distributed)
Jan 23 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 24 2013Response from counsel for respondents to motion of the Solicitor General for divided argument and for leave to participate in oral argument as amicus curiae.
Feb 5 2013Record from U.S.D.C. for the Southern District of Indiana is electronic.
Feb 11 2013Reply of petitioner Vernon Hugh Bowman filed. (Distributed)
Feb 15 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED, and the time is to be divided as follows: 30 minutes for petitioner, 10 minutes for the Solicitor General, and 30 minutes for respondents.
Feb 19 2013Argued. For petitioner: Mark P. Walters, Seattle, Wash. For United States as amicus curiae: Melissa Arbus Sherry, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Seth P. Waxman, Washington, D. C.
May 13 2013Adjudged to be AFFIRMED. Kagan, J., delivered the opinion for a unanimous Court.
Jun 7 2013Petition for Rehearing filed.
Jun 27 2013DISTRIBUTED.
Jul 22 2013Rehearing DENIED.
Jul 22 2013JUDGMENT ISSUED.
Jul 24 2013Record returned to U.S. Court of Appeals for Federal Circuit.
 
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