WASHINGTON – A unanimous U.S. Supreme Court that is often skeptical of patents yesterday embraced a key seed patent 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, 11-796, 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 Patrice Jean, a partner at Kenyon & Kenyon, though she added, "I don’t think the court meant to prevent researchers from continuing their research."
