Biotech industry celebrates Monsanto's Supreme Court victory : Business

Biotech industry celebrates Monsanto's Supreme Court victory : Business

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“It confirmed, unanimously, that any product that’s capable of being replicated, either by planting by seed, or a bacterial cell line, or a preparation of DNA — that patent law applies, even if a product is replicable, in the same way it applies to widgets or cellphones,” said Hans Sauer, deputy general counsel for BIO, the biotechnology industry’s trade group. “If you want two, you have to buy two.”

Monsanto’s near-ubiquitous soybean technology allows plants to survive application of the herbicide glyphosate, which is sold under the Monsanto brand Roundup. Bowman, like the majority of American soybean growers, bought the soybeans every year from a dealer, thereby entering into a contract with Monsanto saying he agreed not to plant the offspring of those soybeans.

But Bowman, wanting to plant a second, late-season crop — a riskier crop — decided to try a cheaper route: He bought soybeans from a local grain elevator and planted those.

The soybeans sold at the grain elevator are only allowed to be sold for animal feed or food — not for replanting — and don’t require the purchaser to enter into an agreement. But Bowman planted them, then sprayed glyphosate. The plants that survived, he knew, were glyphosate-resistant, or Roundup Ready. In other words, they contained Monsanto’s patented genetically engineered traits. Bowman took those seeds and planted them the next year — and for the subsequent seven years.