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Intellectual Property Law

Penn State Dickinson Law

Series

Federal Circuit

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

I Dissent: The Federal Circuit's "Great Dissenter," Her Influence On The Patent Dialogue, And Why It Matters, Daryl Lim Jan 2017

I Dissent: The Federal Circuit's "Great Dissenter," Her Influence On The Patent Dialogue, And Why It Matters, Daryl Lim

Faculty Scholarly Works

No abstract provided.


Living With Monsanto, 2015 Mich. St. L. Rev. 559 (2015), Daryl Lim Jan 2015

Living With Monsanto, 2015 Mich. St. L. Rev. 559 (2015), Daryl Lim

Faculty Scholarly Works

Bowman v. Monsanto Co. signaled the end of an era of seed saving. Farmers must buy new seed for replanting or risk patent infringement. The familiar rhetoric of oppressed farmers belies the fact that Monsanto’s success rests in part on farmers prizing its innovations. Current trends indicate that this reliance on Monsanto will continue. The Supreme Court correctly found for Monsanto. However, future cases must iron out the kinks in the Bowman decision. Despite the Court’s best intentions, inadvertence cannot shield farmers from patent infringement. The Court must also make it clear that patentees cannot use licensing restrictions to claw …


Living With Monsanto, Daryl Lim Jan 2015

Living With Monsanto, Daryl Lim

Faculty Scholarly Works

Bowman v. Monsanto Co. signaled the end of an era of seed saving. Farmers must buy new seed for replanting or risk patent infringement. The familiar rhetoric of oppressed farmers belies the fact that Monsanto’s success rests in part on farmers prizing its innovations. Current trends indicate that this reliance on Monsanto will continue. The Supreme Court correctly found for Monsanto. However, future cases must iron out the kinks in the Bowman decision. Despite the Court’s best intentions, inadvertence cannot shield farmers from patent infringement. The Court must also make it clear that patentees cannot use licensing restrictions to claw …