[Vision2020] Fw[2]: [Pses OnC Staff] TODAY: Bowman v. Monsanto -- April 22, 2013, 4:00 pm, Talk at Law School Courtroom

[lfalen]

-----Original Message-----
Subject: FW: [Pses OnC Staff] TODAY: Bowman v. Monsanto -- April 22, 2013, 4:00 pm, Talk at Law School Courtroom
From: "Falen, Anita" 
To: lfalen at turbonet.com, rowan33 at suddenlink.net, "Rowan, Eileen - Orofino, ID' (Eileen.Rowan at id.usda.gov)" 
Date: 04/22/13 22:16:00

  
 
From: pses-onc-staff-bounces at uidaho.edu [mailto:pses-onc-staff-bounces at uidaho.edu] On Behalf Of Thompson, Nicole
Sent: Monday, April 22, 2013 1:13 PM
To: Mailman - pses-onc-fac at uidaho.edu; Mailman - pses-onc-staff at uidaho.edu; Mailman - pses-grads at uidaho.edu; Mailman - pses-undergrads at uidaho.edu
Subject: [Pses OnC Staff] TODAY: Bowman v. Monsanto -- April 22, 2013, 4:00 pm, Talk at Law School Courtroom

FYI J
 
From: Duncan Palmatier [mailto:dpalm at dpalmlaw.com]
Sent: Tuesday, March 26, 2013 10:59 AM
To: Thill, Donn; Inge, Casey; Bridy, Annemarie
Subject: Bowman v. Monsanto -- April 22, 2013, 4:00 pm, Talk at Law School Courtroom

Professor Donald Thill
College of Agricultural and Life Sciences

Dear Professor Thill:

Casey Inge, Associate General Counsel for Research, suggested I contact you about advertising to the College of Agriculture a talk at the law school about a case pending before the United States Supreme Court, Bowman v. Monsanto Co., 133 S.Ct. 420 (2012).  The case was argued before the Supreme Court last month and a decision is expected soon.  This case involves Monsanto's patents for its genetically modified, "Round-Up Ready" seeds and may have significant impact on farming, research funding, and the market for high-tech agriculture products.

The talk is scheduled for Monday afternoon, April 22, from 4:00 to 5:30 pm, at the law school's courtroom.  The talk will be given by Dario Machleidt and Mark Walters, lawyers from the Seattle firm of Frommer Lawrence & Haug, which represented the Petitioner, Vernon Hugh Bowman, an Indiana farmer.  In summary, Mr. Bowman bought Monsanto's Round-Up Ready soybean seeds.  These seeds contain a gene that was inserted by Monsanto and that inserted gene is claimed by Monsanto's patents.  Mr. Bowman signed a standard agreement not to keep any of the seeds of the crop for replanting.  But, for a second, late-season planting, Mr. Bowman bought cheaper, commodity soybean seeds, treated them with herbicide, and kept some of the seeds from the second planting.  Over the years, the seeds from the second planting acquired Monsanto's gene and Monsanto sued for patent infringement.

The question in the Bowman case is whether Monsanto's first sale of the patented Round-Up Ready seed "exhausts" its patent claim and prevents Monsanto from seeking royalties on subsequent, self-replicating seeds that contain the claimed gene.  The patent appeals court, the United States Court of Appeals for the Federal Circuit in Washington, D.C., held that Monsanto's first sale did not exhaust its royalty claim, but the U.S. Supreme Court, which has issued some decisions strictly enforcing the patent exhaustion doctrine, took the case, suggesting it might impose a more restrictive rule.

One of the speakers, Mark Walters, a 2000 graduate of the University's law school, argued the case before the Supreme Court.

If this is interesting to your College, I would be very grateful if you would let the faculty and staff know about it.

If you have any questions, please do not hesitate to contact me.  I am a private lawyer, but I also teach the Patent Law class at the law school.

Faithfully,

Duncan Palmatier

Law Office of Duncan Palmatier
124 North Howard
Moscow, Idaho 83843
Tel: (208) 892-2962
Fax: (208) 892-3853
e-mail: dpalm at dpalmlaw.com
 




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