Ralph Loren, an intellectual property partner in Edwards Wildman's
Boston office, respectively, commented on how the US Supreme Court ruled that an Indiana farmer violated Monsanto Co.'s patents on herbicide-resistant soybean plants by replanting seeds in Law360. In the article, "Lawyers Weigh In On Supreme Court's Monsanto Ruling
," Loren said, “Many had hoped that the court would provide guidance on the metes and bounds of the patent exhaustion doctrine. In particular, some had hoped that the court would give broad guidance on the effect of the patent exhaustion doctrine as it applies to self-replicating products, including cell lines. The court specifically declined to do so. There is a suggestion that if a product self-replicated outside of the purchaser’s control that the decision might have been different. That was not the case here and the court refused to broaden its ruling. Bowman took active part in planting and harvesting multiple generations of the seeds; that was sufficient to exclude his actions from the patent exhaustion doctrine."