Monsanto v. Scruggs (First Sale Doctrine)

AAI filed an amicus brief in the Federal Circuit Court of Appeals seeking reversal of the district court’s dismissal of antitrust counterclaims.  The brief argues that the lower court erred in ruling that plaintiff’s restrictions on farmers’ reuse of plaintiff’s patented seeds were within the patent grant and not barred by the first sale doctrine.  The brief was written by AAI Advisor Mark Patterson.