LAW 723 Lecture Notes - Lecture 1: Apotex, Oncomouse, Herbicide

• School: Ryerson University
• Department: Law and Business
• Course: LAW 723
• Professor: Stan Benda

Document Summary

Monopoly right is limited to jurisdiction to were you file. Monsato has modified plant to be immune to herbicide. Charged more than generic but less then brands. Viagra tried to hide a trade secret in a patent and lost it. Articulable and sound line of reasoning as of filing. The doctrine of patent exhaustion does not allow the purchaser to make copies of a patented item. The product in question is a seed, using the seed to grow a crop and then harvesting those seeds for future use constitutes creating copies of a patented item. Bowman"s one-time purchase of monsanto"s product allowed him to take advantage of their patented product over the course of many seasons without respecting the rights of the patent holder . The court also held that this reading of the doctrine allowed patents for plants to retain their value.