Monsanto v. Bowman: Patents on GMO Seeds

By Nicholson Price

Monsanto has been receiving quite a bit of press recently.  Marchers in over 400 cities protested the company and the GMOs it makes took place a few days ago, arguing that foods should be labeled if they contain GMOs.

More broadly relevant to the biotech industry and GMOs generally, a few weeks ago, the Supreme Court released its 9-0 opinion in Bowman v. Monsanto, No. 11-796.  This case shores up the patent-law foundation for the GMO seed business (as was widely expected), but also takes an interesting turn involving intent and self-replicating technology in general. Read More

Introducing New Blogger Nicholson Price

W. Nicholson Price II is an Academic Fellow at the Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics at Harvard Law School.  He holds a J.D. from Columbia Law School, a Ph.D. in Biological Sciences from Columbia University, and an A.B. from Harvard College.  After law school, he clerked for Judge Carlos T. Bea of the U.S. Court of Appeals for the Ninth Circuit and was a Visiting Consortium Scholar at the UCSF/UC Hastings Consortium on Law, Science and Health Policy.  His current research interests include innovation in pharmaceutical manufacturing, genetic testing, and personalized medicine.

Some of Nicholson’s recent publications include:

Does Whole-Genome Sequencing Circumvent Gene Patents?  Bio-IT World (December 10, 2012).

Unblocked Future: Why Gene Patents Won’t Hinder Whole-Genome Sequencing and Personalized Medicine. 33 Cardozo L. Rev. 1601 (2012).

Price, W.N. et al. Large-scale experimental studies show unexpected amino acid effects on protein expression and solubility in vivo in E. coli. 1 Microbial Informatics and Experimentation 6 (2011).

Neuner, L.K. & Price, W.N. The Deepwater Horizon Oil Spill: Potential Insurance Coverage Implications. Ins. Law Coverage Bulletin (Sep. 2010).

Am I My Son? Clones and the Modern Family. 11 Colum. Sci. Tech. L. Rev. 118 (2010). Winner, Julius Silver Notes Competition 2009.

Price, W.N. et al. Understanding the physical properties that control protein crystallization by analysis of large-scale experimental data. 27 Nat. Biotechnol. 51 (2009).

Patenting Race: The Problems of Ethnic Genetic Testing of Patents.
8 Colum. Sci. Tech. L. Rev. 119 (2007). Winner, Julius Silver Notes Competition 2006.