General Discussion
In reply to the discussion: Farmer’s Supreme Court Challenge Puts Monsanto Patents at Risk [View all]customerserviceguy
(25,406 posts)But I expect a lawyer (or team of them) hoping to be granted certiorari would put together something coherent. In each case, both sides do produce their best arguments, but only one side wins.
The exhaustions that have been upheld were for things that would have had to have been reproduced by a manufacturing process, they were not biological, which involves a whole different method of reproduction. I would imagine that easily reproduced electronic works might be similar in many ways. It doesn't take a lot of materials and labor to produce a digital copy of a protected digital piece of intellectual property.
We'll see how it goes. I sure hope that the eventual decision doesn't totally wipe out the incentive to come up with positive new things through the manipulation of genetics.