Self-Replicating Technologies

Jeremy N. Sheff
2012 Social Science Research Network  
Self-replicating technologies pose a challenge to the legal regimes we ordinarily rely on to promote a balance between innovation and competition. This Article examines recent efforts by the federal courts to deal with the leading edge of this policy challenge in cases involving the quintessential self-replicating technology: the seed. In a recent series of cases involving the invocation of the patent exhaustion defense by purchasers of Monsanto's "Roundup-Ready" genetically engineered
more » ... engineered herbicide-resistant crop technologies, farmers have argued that Monsanto's patent rights do not extend to the second generation of soybeans grown from a patented first-generation seed. In each case, the Federal Circuit found for Monsanto and against the farmers. The Supreme Court is about to take up the issue for the first time.
doi:10.2139/ssrn.2184589 fatcat:pyhiryrrwbd23iklj5e5rqzgei