|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-796||Fed. Cir.||Feb 19, 2013||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.
|Date||Proceedings and Orders |
|Dec 20 2011||Petition for a writ of certiorari filed. (Response due January 23, 2012)|
|Jan 19 2012||Waiver of right of respondent Monsanto Company to respond filed.|
|Jan 25 2012||DISTRIBUTED for Conference of February 17, 2012.|
|Jan 26 2012||Response Requested . (Due February 27, 2012)|
|Feb 27 2012||Brief of respondents Monsanto Company, et al. in opposition filed.|
|Mar 14 2012||DISTRIBUTED for Conference of March 30, 2012.|
|Apr 2 2012||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|Aug 24 2012||Brief amicus curiae of United States filed.|
|Sep 4 2012||Supplemental brief of petitioner Vernon Hugh Bowman filed.|
|Sep 5 2012||DISTRIBUTED for Conference of September 24, 2012.|
|Oct 1 2012||DISTRIBUTED for Conference of October 5, 2012.|
|Oct 5 2012||Petition GRANTED.|
|Nov 8 2012||The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 3, 2012.|
|Nov 9 2012||The time to file respondents' brief on the merits is extended to and including January 16, 2013.|
|Dec 3 2012||Joint appendix filed (2 volumes). (Statement of costs filed.)|
|Dec 3 2012||Brief of petitioner Vernon Hugh Bowman filed.|
|Dec 10 2012||Brief amicus curiae of Knowledge Ecology International filed.|
|Dec 10 2012||Brief amici curiae of Automotive Aftermarket Industry Association, et al. filed.|
|Dec 10 2012||Brief amici curiae of American Antitrust Institute, et al. filed.|
|Dec 10 2012||Brief amicus curiae of Public Patent Foundation filed.|
|Dec 10 2012||Brief amici curiae of Center for Food Safety and Save Our Seeds filed.|
|Dec 18 2012||SET FOR ARGUMENT ON Tuesday, February 19, 2013.|
|Jan 4 2013||CIRCULATED.|
|Jan 4 2013||Consent to the filing of amicus curiae briefs, in support of either partry or of neither party, received from counsel for the respondents.|
|Jan 8 2013||Brief amicus curiae of United States filed. (Distributed)|
|Jan 9 2013||Record received form the U.S.C.A. for the Federal Circuit. (1 Box)|
|Jan 11 2013||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.|
|Jan 16 2013||Brief of respondents Monsanto Company, et al. filed. (Distributed)|
|Jan 17 2013||Brief amicus curiae of BayhDole25, Inc. filed. (Distributed)|
|Jan 18 2013||Brief amicus curiae of Intellectual Property Owners Association filed. (Distributed)|
|Jan 22 2013||Brief amicus curiae of The New York Intellectual Property Law Association filed. (Distributed)|
|Jan 23 2013||Brief amicus curiae of CropLife America filed. (Distributed)|
|Jan 23 2013||Brief amicus curiae of BSA - The Software Alliance filed. (Distributed)|
|Jan 23 2013||Brief amicus curiae of American Seed Trade Association filed. (Distributed)|
|Jan 23 2013||Brief amicus curiae of Washington Legal Foundation filed. (Distributed)|
|Jan 23 2013||Brief amicus curiae of Biotechnology Industry Organization filed. (Distributed)|
|Jan 23 2013||Brief amicus curiae of CropLife International filed. (Distributed)|
|Jan 23 2013||Brief amicus curiae of American Intellectual Property Law Association filed. (Distributed)|
|Jan 23 2013||Brief amici curiae of Ecomonists filed. (Distributed)|
|Jan 23 2013||Brief amicus curiae of law professor Christopher M. Holman filed. (Distributed)|
|Jan 23 2013||Brief amicus curiae of CHS Inc. filed. (Distributed)|
|Jan 23 2013||Brief amici curiae of Agilent Technologies, Inc., et al. filed. (Distributed)|
|Jan 23 2013||Brief amici curiae of Wisconsin Alumni Research Foundation, et al. filed. (Distributed)|
|Jan 23 2013||Brief amici curiae of American Soybean Association, et al. filed. (Distributed)|
|Jan 23 2013||Brief amicus curiae of Pioneeer Hi-Bred International, Inc. filed. (Distributed)|
|Jan 23 2013||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Jan 24 2013||Response 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 2013||Record from U.S.D.C. for the Southern District of Indiana is electronic.|
|Feb 11 2013||Reply of petitioner Vernon Hugh Bowman filed. (Distributed)|
|Feb 15 2013||Motion 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 2013||Argued. 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 2013||Adjudged to be AFFIRMED. Kagan, J., delivered the opinion for a unanimous Court.|
|Jun 7 2013||Petition for Rehearing filed.|
|Jun 27 2013||DISTRIBUTED.|
|Jul 22 2013||Rehearing DENIED.|
|Jul 22 2013||JUDGMENT ISSUED.|
|Jul 24 2013||Record returned to U.S. Court of Appeals for Federal Circuit.|
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