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Vedder Thinking | Articles Thomas Kowalski Discusses Bowman v. Monsanto Ruling and the NYIPLA’s Amicus Brief in Recent NYIPLA Bulletin


Thomas J. Kowalski, a Vedder Price Shareholder and member of the firm’s Intellectual Property group, recently co-authored “Bowman v. Monsanto: The Supreme Court Got It Right on the Law and the Science But Is the Unanimous Decision Belied by the Ultimate Paragraph?” In this article, published in the April/May 2013 issue of NYIPLA Bulletin, Mr. Kowalski and his co-author discuss the similarities between the Bowman decision and an amicus brief filed by the New York Intellectual Property Law Association (NYIPLA) in support of the respondents, Monsanto Co. et al. The article also discusses invitations of the NYIPLA brief not touched on in the Bowman decision and what to make of the limitation set forth in the last paragraph. The co-authors, who also contributed to the amicus brief, conclude by saying that the NYIPLA must wait for the next exhaustion case involving a self-replicating product to come before the U.S. Supreme Court before determining whether another amicus brief is warranted.

To read the article in its entirety, please download the attachment below.


Thomas J. Kowalski