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High court seems to favor Monsanto in patent case

February 20, 2013
By MARK SHERMAN , THE ASSOCIATED PRESS

WASHINGTON - The Supreme Court appeared likely Tuesday to side with Monsanto Co. in its claim that an Indiana farmer violated the company's patents on soybean seeds that are resistant to its weed-killer.

None of the justices in arguments at the high court seemed ready to endorse farmer Vernon Hugh Bowman's argument that cheap soybeans he bought from a grain elevator are not covered by the Monsanto patents, even though most of them also were genetically modified to resist the company's Roundup herbicide.

Chief Justice John Roberts wondered "why in the world would anybody" invest time and money on seeds if it was so easy to evade patent protection.

Article Photos

AP PHOTO
Vernon Hugh Bowman, a 75-year-old Indiana soybean farmer, accompanied by his attorney Mark Walters, speaks with reporters outside the Supreme Court in Washington, Tuesday, after justices heard oral arguments between Bowman and high-tech agriculture company Monsanto Co. that produces genetically engineered and patented seeds. The case considers whether Bowman violated Monsanto’s patents when he planted an unmarked mix of soybeans that he bought from a grain elevator and that is often used for feed.

To protect its investment in their development, Monsanto has a policy that prohibits farmers from saving or reusing the seeds once the crop is grown. Farmers must buy new seeds every year.

The case is being closely watched by researchers and businesses holding patents on DNA molecules, nanotechnologies and other self-replicating technologies.

The issue for the court is how far the patents held by the world's largest seed company extend. More than 90 percent of American soybean farms use Monsanto's "Roundup Ready" seeds, which first came on the market in 1996.

 
 

 

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