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Bowman v Monsanto: the US Supreme Court rules on patent exhaustion and replication of patented seeds
14 May 2013, 2:09 pm
It recognised that reproducing an article implies using it, but highlighted that reproduction falls, as held in previous case law (Cotton-Tie Co. v Simmons), beyond the boundaries of the exhaustion doctrine: That is because, once again, if simple copying were a protected use, a patent would plummet in value after the first sale of the first item containing the invention. [read post]