Farmer Roundup Soybean Suit Reaches Supreme Court

Guardian, via nc links:

The legal saga revolves around Monsanto's aggressive protection of its soybean known as Roundup Ready, which have been genetically engineered to be resistant to its Roundup herbicide or its generic equivalents. When Bowman – or thousands of other farmers just like him – plant Monsanto's seeds in the ground they are obliged to only harvest the resulting crop, not keep any of it back for planting the next year. So each season, the farmer has to buy new Monsanto seeds to plant.
However, farmers are able to buy excess soybeans from local grain elevators, many of which are likely to be Roundup Ready due to the huge dominance Monsanto has in the market. Indeed in Indiana it is believed more than 90% of soybeans for sale as "commodity seeds" could be such beans, each containing the genes Monsanto developed.
Bowman, who has farmed the same stretch of land for most of the past four decades and grew up on a farm, ended up on Monsanto's radar for using such seeds – bought from a local grain elevator, rather than Monsanto – for year after year and replanting part of each crop. He did not do so for his main crop of soybeans, but rather for a smaller "second late season planting" usually planted on a field that had just been harvested for wheat. "We have always had the right to go to an elevator, buy some 'junk grain' and use it for seed if you desire," Bowman said.
To put it mildly, Monsanto disagrees. The firm insists that it maintains patent rights on its genetically modified seeds even if sold by a third party with no restrictions put on its use – even if the seeds are actually only descendants of the original Monsanto seeds. To that end it sued Bowman, eventually winning a legal settlement of some $84,456 (£53,500) against him for infringing the firm's patent rights. Monsanto says that if it allowed Bowman to keep replanting his seeds it would undermine its business model, endangering the expensive research that it uses to produce advanced agricultural products.

So he just figured the double crop beans could be treated with Roundup because all the local farmers were growing Roundup Ready beans.  Briefs were filed in the case in January.  It will be interesting to see where the extremely business-friendly (some would say ridiculously business-friendly) Roberts court will come down on this case.  A ruling in favor of the farmer may be a move toward much needed patent reform.