Response to Supreme Court caseMay 6, 2002

In our last issue we reported the firm’s success at the United States Supreme Court in the Pioneer seed patent case. State legislatures, including Iowa, are introducing legislation that restricts the ability of seed companies to use a ‘bag tag license’ limiting what seed purchasers can do with purchased seed (i.e., grow a cash crop, but not resell or save the crop for replanting).The proposed legislation, according to Ed Sease, if ever passed, would have serious Constitutional problems with impairment of the right to contract and with federal preemption by the patent laws. Sease says litigation of the issue is inevitable if any state succeeds in passing such laws.

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