Bowman v. Monsanto Co.
| 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.
SCOTUSblog Coverage
- Opinion recap: Justices firmly validate patent rights to genetically modified seeds (Ronald Mann, May 14, 2013)
- Argument recap: Justices wary of cutting patent rights to genetically modified seeds (Ronald Mann, February 21, 2013)
- Argument preview: Stakes are high in dispute over rights to genetically modified seeds (Ronald Mann, February 19, 2013)
- Is the new economy driving the Courts docket? (Ronald Mann, October 15, 2012)
| Date | Proceedings and Orders |
|---|---|
| 12/20/2011 | Petition for a writ of certiorari filed. (Response due January 23, 2012) |
| 01/19/2012 | Waiver of right of respondent Monsanto Company to respond filed. |
| 01/25/2012 | DISTRIBUTED for Conference of February 17, 2012. |
| 01/26/2012 | Response Requested . (Due February 27, 2012) |
| 02/27/2012 | Brief of respondents Monsanto Company, et al. in opposition filed. |
| 03/14/2012 | DISTRIBUTED for Conference of March 30, 2012. |
| 04/02/2012 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 08/24/2012 | Brief amicus curiae of United States filed. |
| 09/04/2012 | Supplemental brief of petitioner Vernon Hugh Bowman filed. |
| 09/05/2012 | DISTRIBUTED for Conference of September 24, 2012. |
| 10/01/2012 | DISTRIBUTED for Conference of October 5, 2012. |
| 10/05/2012 | Petition GRANTED. |
| 11/08/2012 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 3, 2012. |
| 11/09/2012 | The time to file respondents' brief on the merits is extended to and including January 16, 2013. |
| 12/03/2012 | Joint appendix filed (2 volumes). (Statement of costs filed.) |
| 12/03/2012 | Brief of petitioner Vernon Hugh Bowman filed. |
| 12/10/2012 | Brief amicus curiae of Knowledge Ecology International filed. |
| 12/10/2012 | Brief amici curiae of Automotive Aftermarket Industry Association, et al. filed. |
| 12/10/2012 | Brief amici curiae of American Antitrust Institute, et al. filed. |
| 12/10/2012 | Brief amicus curiae of Public Patent Foundation filed. |
| 12/10/2012 | Brief amici curiae of Center for Food Safety and Save Our Seeds filed. |
| 12/18/2012 | SET FOR ARGUMENT ON Tuesday, February 19, 2013. |
| 01/04/2013 | CIRCULATED. |
| 01/04/2013 | Consent to the filing of amicus curiae briefs, in support of either partry or of neither party, received from counsel for the respondents. |
| 01/08/2013 | Brief amicus curiae of United States filed. (Distributed) |
| 01/09/2013 | Record received form the U.S.C.A. for the Federal Circuit. (1 Box) |
| 01/11/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 01/16/2013 | Brief of respondents Monsanto Company, et al. filed. (Distributed) |
| 01/17/2013 | Brief amicus curiae of BayhDole25, Inc. filed. (Distributed) |
| 01/18/2013 | Brief amicus curiae of Intellectual Property Owners Association filed. (Distributed) |
| 01/22/2013 | Brief amicus curiae of The New York Intellectual Property Law Association filed. (Distributed) |
| 01/23/2013 | Brief amicus curiae of CropLife America filed. (Distributed) |
| 01/23/2013 | Brief amicus curiae of BSA - The Software Alliance filed. (Distributed) |
| 01/23/2013 | Brief amicus curiae of American Seed Trade Association filed. (Distributed) |
| 01/23/2013 | Brief amicus curiae of Washington Legal Foundation filed. (Distributed) |
| 01/23/2013 | Brief amicus curiae of Biotechnology Industry Organization filed. (Distributed) |
| 01/23/2013 | Brief amicus curiae of CropLife International filed. (Distributed) |
| 01/23/2013 | Brief amicus curiae of American Intellectual Property Law Association filed. (Distributed) |
| 01/23/2013 | Brief amici curiae of Ecomonists filed. (Distributed) |
| 01/23/2013 | Brief amicus curiae of law professor Christopher M. Holman filed. (Distributed) |
| 01/23/2013 | Brief amicus curiae of CHS Inc. filed. (Distributed) |
| 01/23/2013 | Brief amici curiae of Agilent Technologies, Inc., et al. filed. (Distributed) |
| 01/23/2013 | Brief amici curiae of Wisconsin Alumni Research Foundation, et al. filed. (Distributed) |
| 01/23/2013 | Brief amici curiae of American Soybean Association, et al. filed. (Distributed) |
| 01/23/2013 | Brief amicus curiae of Pioneeer Hi-Bred International, Inc. filed. (Distributed) |
| 01/23/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 01/24/2013 | 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. |
| 02/05/2013 | Record from U.S.D.C. for the Southern District of Indiana is electronic. |
| 02/11/2013 | Reply of petitioner Vernon Hugh Bowman filed. (Distributed) |
| 02/15/2013 | 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. |
| 02/19/2013 | 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. |
| 05/13/2013 | Adjudged to be AFFIRMED. Kagan, J., delivered the opinion for a unanimous Court. |
| 06/07/2013 | Petition for Rehearing filed. |
| 06/27/2013 | DISTRIBUTED. |
| 07/22/2013 | Rehearing DENIED. |
| 07/22/2013 | JUDGMENT ISSUED. |
| 07/24/2013 | Record returned to U.S. Court of Appeals for Federal Circuit. |
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.