Vedder Thinking | News Deborah L. Lu Reacts to Bowman Patent Ruling in Life Sciences Law & Industry Report
Deborah L. Lu, Ph.D., Shareholder and member of the firm’s Intellectual Property practice group, was quoted in Bloomberg BNA’s Life Sciences Law & Industry Report. The article, titled “Supreme Court’s Patent Ruling in Bowman Is ‘Big Win’ for Life Sciences, Attorneys Say,” discusses the May 13, 2013 U.S. Supreme Court decision in Bowman v. Monsanto, which held that seeds harvested by a farmer from one crop of patented genetically modified seeds are considered “additional copies” and are therefore not protected by the patent exhaustion doctrine. Although the Supreme Court unanimously affirmed the previous Federal Circuit ruling, the written opinion by Justice Elena Kagan restricted its scope to the circumstances of this particular case. “Our holding today is limited—addressing the situation before us, rather than every one involving a self-replicating product” the opinion said.
Dr. Lu told Life Sciences Law & Industry Report, “I do think this decision is a victory for the biotechnology industry. I think Justice Kagan’s comment simply means that she is uncomfortable with making a blanket statement with respect to self-replicating technology. Rather the decision is quite telling that Bowman, not the soybean, was the infringer and that patent exhaustion applies to the original article only and not a copy, such as a new seed.”
Members of the Vedder Price Intellectual Property group have been at the forefront of the biotechnology industry from the outset and routinely counsel clients with respect to issues of biotechnology patentability and patent defense. To read the entire article, please download the attachment below.
Read the related article, “Supreme Court Sides with Monsanto on Issue of Patent Protection for Genetically Modified Seeds,” by Thomas J. Kowalski, Shareholder and member of the firm’s Intellectual Property practice group.
Reproduced with permission from Life Sciences Law & Industry Report, 7 LSLR 530 (May 17, 2013). Copyright 2013 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com