Latest Breaking News

Ian David

(69,059 posts)

4. I would argue that the next generation of seeds has undergone random mutations...

Reply to naaman fletcher (Original post)

Wed Feb 20, 2013, 04:09 PM

Feb 2013

... based in part upon the environment in which the farmer has planted it, and therefore represents a novel organism that differs from the original, patented one.

Edit history

Please sign in to view edit histories.

38 replies

= new reply since forum marked as read

Highlight:

Justices skeptical of farmer who planted patented Monsanto seeds [View all] naaman fletcher Feb 2013 OP

I guess MynameisBlarney Feb 2013 #1

Ah..."exhaustion doctrine." This case will be an interesting read, no matter how it comes down. msanthrope Feb 2013 #2

does that apply to a book? nt DeadEyeDyck Feb 2013 #27

Does what apply to a book? nt msanthrope Feb 2013 #29

OK, here's the scenario 40 years hence Kelvin Mace Feb 2013 #3

I would argue that the next generation of seeds has undergone random mutations... Ian David Feb 2013 #4

The lower courts rejected that argument-- msanthrope Feb 2013 #7

Well, at least my idea was good enough that someone actually tried to use it. n/t Ian David Feb 2013 #11

Here's a pretty good article on the case....clear delineation of the issues. msanthrope Feb 2013 #18

Thanks! n/t Ian David Feb 2013 #34

HA! I'm skeptical of Justices Monsanto planted Ligyron Feb 2013 #5

Yup, that's how I feel naaman fletcher Feb 2013 #6

Looks like Bowman didn't buy the seeds from Monsanto-- msanthrope Feb 2013 #19

"An Obama administration lawyer joined sides with Monsanto..." Poll_Blind Feb 2013 #8

Why wouldn't the Obama administration agree with the lower court's ruling msanthrope Feb 2013 #14

I am surprised they took the case in the first place iandhr Feb 2013 #9

Could the farmer feed the seeds to his pigs and then use the feces? geek tragedy Feb 2013 #10

Let's patent Alito's DNA and claim his children as property. nt Xipe Totec Feb 2013 #12

Not sure if you know, Justice Roberts was born and bred in Indiana LittleGirl Feb 2013 #13

if i buy a puppy from a dog breeder, does the dog breeder own all future generations as well? unblock Feb 2013 #15

Yes-, they can--depending on the type of sale. nt msanthrope Feb 2013 #16

So what if all the other farmers in the region grew non-Monsanto seed. One farmer grows OregonBlue Feb 2013 #17

There's the problem with your hypo--the Monsanto farmer cannot sell to the msanthrope Feb 2013 #20

Ok, naaman fletcher Feb 2013 #22

Monsanto has the right to recourse against him. Monsanto also has a right of msanthrope Feb 2013 #23

No, that's not what happened. OregonBlue Feb 2013 #31

Right--Bowman thought he found a loophole around the patent. He didn't. msanthrope Feb 2013 #32

Not all the seed was roundup ready. Unless they have a way to prove which are their seeds and which OregonBlue Feb 2013 #37

No--the seed was about 80% Roundup Ready. That's already established in the facts of the msanthrope Feb 2013 #38

Seed companies regularly develop and sell seeds that one can store for re-use the next year riderinthestorm Feb 2013 #21

Well, Monsanto has pretty strict licensing agreements. See, it isn't a typical sale--i.e. msanthrope Feb 2013 #24

But they are producers of seeds that are being sold like this under the Burpee name riderinthestorm Feb 2013 #25

The monopoly argument isn't relevant to the patent issue, although it's one that msanthrope Feb 2013 #28

Monsanto has gone after farmers for inadvertent contamination. riderinthestorm Feb 2013 #30

Sorry, but the defendant dropped his claim of 'accidental' contamination. Read your link. nt msanthrope Feb 2013 #33

More nuanced than that. riderinthestorm Feb 2013 #35

Right--he deliberately used Monsanto's seeds. He should pay for them. nt msanthrope Feb 2013 #36

The problem is the idea of patenting organisms in the first place Scootaloo Feb 2013 #26