High Court Embrace For Seed Patent A unanimous U.S. Supreme Court that is often skeptical of patents embraced a key seed patent on Monday in the case of a Monsanto Co. soybean variety that was being replicated by savvy farmers.

The decision in the closely watched case Bowman v. Monsanto Co. may have its biggest impact in biotechnology, where self-replicating techniques are often used in research as well as commerce. Language in the decision could invite more patent infringement claims in that field, said Kenyon & Kenyon partner Patrice Jean, though she added, "I don't think the court meant to prevent researchers from continuing their research."

The ruling was a victory for Monsanto and its advocate before the court, Seth Waxman of Wilmer Cutler Pickering Hale and Dorr.

"The court's ruling today ensures that longstanding principles of patent law apply to breakthrough 21st century technologies," Monsanto executive vice president and general counsel David Snively said. "The ruling also provides assurance to all inventors throughout the public and private sectors that they can and should continue to invest in innovation that feeds people, improves lives, creates jobs, and allows America to keep its competitive edge."

If patent law allowed Monsanto's genetically modified seeds to be copied without a license, Justice Elena Kagan wrote for the court, "a patent would plummet in value after the first sale of the first item containing the invention." That, she added, would "result in less incentive for innovation than Congress wanted." The case was decided without concurrences or dissents in a terse 10-page ruling.

In the run-up to oral arguments in February, the case was cast by some as a David-and-Goliath battle between Indiana farmer Vernon Bowman and the agribusiness giant Monsanto over use of the company's "Roundup Ready" soybean seed, genetically modified to resist the company's own Roundup herbicide.

But the Supreme Court at oral argument and in the opinion portrayed Bowman in a less favorable light. Kagan wrote that Bowman, "it is fair to say, appreciates Roundup Ready soybean seed."

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