asgrow
seed
company
winterboer
argued
november
decided
january
petitioner
asgrow
seed
company
protected
two
varieties
soybean
seed
plant
variety
protection
act
pvpa
extends
protection
novel
varieties
sexually
reproduced
plants
plants
grown
seed
respondent
farmers
planted
acres
asgrow
seed
sold
entire
saleable
crop
enough
plant
acres
farmers
use
seed
asgrow
filed
suit
alleging
infringement
inter
alia
selling
offering
sell
seed
sexually
multiply
ing
novel
varieties
step
marketing
growing
purposes
respondents
contended
entitled
statutory
exemption
liability
provides
relevant
part
xcept
extent
action
may
constitute
infringement
farmer
may
save
seed
use
saved
seed
production
crop
use
farm
sale
provided
section
provided
saved
seed
sold
reproductive
purposes
buyer
seller
farmers
whose
primary
farming
occupation
growing
crops
sale
reproductive
purposes
granting
asgrow
summary
judgment
district
found
exemption
allows
farmer
save
resell
farmers
amount
seed
seller
need
replant
fields
appeals
reversed
holding
permits
farmer
sell
half
every
crop
produces
seed
long
sells
half
food
feed
held
farmer
meets
requirements
set
forth
proviso
may
sell
reproductive
purposes
seed
page
ii
saved
purpose
replanting
acreage
pp
respondents
eligible
exception
planting
harvesting
conducted
step
marketing
parties
dispute
actions
constituted
sexual
multiplication
novel
varieties
since
pvpa
define
marketing
term
given
ordinary
meaning
marketing
ordinarily
refers
act
holding
forth
property
sale
together
activities
preparatory
thereto
require
extensive
promotional
merchandising
activities
connected
selling
pp
reason
proviso
first
sentence
allows
seed
preserved
reproductive
purposes
saved
seed
sold
purposes
however
structure
sentence
authorization
extend
saved
seed
grown
purpose
sale
marketing
replanting
violate
practical
matter
means
seed
saved
farmer
replant
acreage
sold
thus
farmer
saves
seeds
replant
acreage
changes
plans
may
sell
seeds
replanting
proviso
terms
statute
language
stands
way
limitation
appeals
found
amount
seed
sold
pp
scalia
delivered
opinion
rehnquist
kennedy
souter
thomas
ginsburg
breyer
joined
stevens
filed
dissenting
opinion
asgrow
seed
company
winterboer
richard
stanley
houston
texas
john
lynch
arnold
white
durkee
bruce
stein
sidney
williams
lawrence
maxwell
mary
ellen
morris
trabue
sturdivant
dewitt
briefs
petitioner
william
bode
washington
luis
acosta
william
bode
associates
briefs
respondents
richard
seamon
assistant
solicitor
general
drew
days
iii
sol
frank
hunger
asst
atty
edwin
kneedler
dpty
sol
barbara
biddle
wendy
keats
dept
justice
briefs
amicus
curiae
justice
scalia
delivered
opinion
plant
variety
protection
act
et
protects
owners
novel
seed
varieties
unauthorized
sales
seed
replanting
purposes
exemption
however
allows
farmers
make
sales
protected
variety
seed
farmers
case
raises
question
whether
limit
quantity
protected
seed
farmer
sell
exemption
congress
passed
plant
variety
protection
act
pvpa
stat
et
order
provide
developers
novel
plant
varieties
adequate
encouragement
research
marketing
appropriate
yield
public
benefits
new
varieties
pvpa
extends
protection
novel
varieties
sexually
reproduced
plants
plants
grown
seed
parallels
protection
afforded
asexually
reproduced
plant
varieties
varieties
reproduced
propagation
asgrow
seed
company
winterboer
grafting
chapter
patent
act
see
developer
novel
variety
obtains
pvpa
coverage
acquiring
certificate
protection
plant
variety
protection
office
see
confers
owner
exclusive
right
years
exclude
others
selling
variety
offering
sale
reproducing
importing
exporting
using
producing
distinguished
developing
hybrid
different
variety
therefrom
petitioner
asgrow
seed
company
holder
pvpa
certificates
protecting
two
novel
varieties
soybean
seed
calls
respondents
dennis
becky
winterboer
iowa
farmers
whose
farm
spans
acres
clay
county
northwest
corner
state
winterboers
incorporated
name
corporation
business
name
deebee
feed
seed
addition
growing
crops
sale
food
livestock
feed
since
winterboers
derived
sizable
portion
income
sales
crops
farmers
use
seed
brownbag
sale
occurs
farmer
purchases
seed
seed
company
asgrow
plants
seed
fields
harvests
crop
cleans
sells
reproduced
seed
farmers
usually
nondescript
brown
bags
plant
farms
winterboers
planted
acres
sold
entire
saleable
crop
bushels
others
use
seed
enough
plant
acres
average
sale
price
per
bushel
compared
price
per
bushel
obtain
varieties
directly
asgrow
concerned
winterboers
making
business
selling
protected
seed
asgrow
sent
asgrow
seed
company
winterboer
local
farmer
robert
ness
winterboer
farm
make
purchase
winterboer
informed
ness
sell
soybean
seed
like
asgrow
varieties
ness
purchased
bags
plant
biologist
asgrow
tested
seeds
determined
indeed
asgrow
brought
suit
winterboers
federal
district
northern
district
iowa
seeking
damages
permanent
injunction
sale
seed
harvested
crops
grown
complaint
alleged
infringement
selling
offering
sell
asgrow
protected
soybean
varieties
sexually
multiplying
asgrow
novel
varieties
step
marketing
varieties
growing
purposes
dispensing
novel
varieties
others
form
propagated
without
notice
seeds
protected
variety
asgrow
seed
company
winterboer
winterboers
deny
asgrow
held
valid
certificates
protection
covering
sold
seed
produced
varieties
others
use
seed
defense
least
charges
rested
upon
contention
sales
fell
within
statutory
exemption
infringement
liability
found
section
entitled
right
save
seed
crop
exemption
reads
relevant
part
follows
except
extent
action
may
constitute
infringement
subsections
section
title
shall
infringe
right
hereunder
person
save
seed
produced
seed
obtained
descended
seed
obtained
authority
owner
variety
seeding
purposes
use
saved
seed
production
crop
use
farm
sale
provided
section
provided
without
asgrow
seed
company
winterboer
regard
provisions
section
title
shall
infringe
right
hereunder
person
whose
primary
farming
occupation
growing
crops
sale
reproductive
purposes
sell
saved
seed
persons
engaged
reproductive
purposes
provided
sale
compliance
state
laws
governing
sale
seed
may
applicable
bona
fide
sale
reproductive
purposes
made
channels
usual
purposes
seed
produced
farm
either
seed
obtained
authority
owner
seeding
purposes
seed
produced
descent
farm
seed
obtained
authority
owner
seeding
purposes
shall
constitute
infringement
asgrow
seed
company
winterboer
appeals
federal
circuit
reversed
although
recogniz
ing
without
meaningful
limitations
crop
exemption
undercut
much
pvpa
incentives
appeals
saw
nothing
limit
sale
protected
seed
reproductive
purposes
amount
necessary
plant
seller
acreage
rather
appeals
read
statute
permits
farmer
sell
half
every
crop
produces
seed
another
farmer
use
seed
long
sells
percent
crop
grown
specific
variety
nonreproductive
purposes
food
feed
federal
circuit
denied
asgrow
petition
rehearing
suggestion
rehearing
en
banc
vote
six
judges
five
granted
certiorari
ii
may
well
acknowledge
outset
quite
impossible
make
complete
sense
provision
issue
one
need
go
first
words
title
establish
section
title
claims
ensuing
text
says
reserve
ight
save
seed
since
nothing
elsewhere
act
remotely
prohibits
saving
seed
possible
analysis
proviso
first
sentence
provided
really
proviso
advance
warning
mysteries
solved
enter
verbal
maze
entrance
discover
actually
exit
since
provision
begins
excepting
certain
activities
operation
except
extent
action
may
asgrow
seed
company
winterboer
constitute
infringement
subsections
section
title
shall
infringe
right
hereunder
person
save
seed
produced
use
saved
seed
production
crop
use
farm
sale
provided
section
emphasis
added
thus
farmer
qualify
exemption
infringement
liability
sexually
multipl
ied
novel
variety
step
marketing
growing
purposes
variety
use
novel
variety
producing
distinguished
developing
hybrid
different
variety
therefrom
pvpa
define
marketing
terms
used
statute
undefined
give
ordinary
meaning
fdic
meyer
slip
federal
circuit
believed
word
marketing
requires
extensive
coordinated
selling
activities
advertising
using
intervening
sales
representative
similar
extended
asgrow
seed
company
winterboer
merchandising
retail
activities
disagree
marketing
ordinarily
refers
act
holding
forth
property
sale
together
activities
preparatory
thereto
present
case
cleaning
drying
bagging
pricing
seeds
word
require
promotional
merchandising
activities
connected
selling
extensive
one
market
apples
simply
displaying
cart
price
tag
market
stock
simply
listing
stock
exchange
market
house
normally
say
place
market
simply
setting
sale
sign
front
lawn
indeed
dictionaries
give
one
meaning
market
simply
sell
see
oxford
universal
dictionary
ed
webster
new
international
dictionary
ed
course
effective
selling
often
involves
extensive
promotional
activities
occur
part
marketing
even
holding
forth
sale
relies
upon
advertising
marketing
goods
process
moreover
even
word
marketing
one
meanings
demand
extensive
promotion
see
reason
law
issue
intend
meaning
effect
preserving
pvpa
protection
less
valuable
plant
varieties
eliminating
varieties
desirable
marketed
word
mouth
well
effect
requiring
courts
ponder
difficult
question
much
promotion
necessary
constitute
marketing
think
statute
refers
sexually
multiplying
variety
step
marketing
means
growing
seed
variety
purpose
putting
crop
sale
exception
set
asgrow
seed
company
winterboer
first
clause
farmer
eligible
exemption
plants
saves
seeds
purpose
selling
seeds
produce
replanting
section
next
provides
long
person
violating
either
shall
infringe
right
hereunder
person
save
seed
produced
seed
obtained
descended
seed
obtained
authority
owner
variety
seeding
purposes
use
saved
seed
production
crop
use
farm
sale
provided
section
emphasis
added
asgrow
seed
company
winterboer
two
ways
read
provision
depending
upon
words
phrase
sale
provided
section
taken
modify
read
production
crop
sale
provided
section
alternatively
use
saved
seed
sale
provided
section
parallelism
created
phrase
use
farm
followed
immediately
sale
provided
section
suggests
former
reading
placement
comma
separating
use
saved
seed
production
crop
use
farm
sale
favors
latter
reading
fact
alternative
reading
requires
reader
skip
lengthy
provided
clause
order
find
sales
provided
section
despite
parallelism
provided
provided
despite
presence
colon
ordinarily
indicates
specification
preceded
surely
easier
think
least
sales
provided
provided
colon
course
unusual
however
deplorable
may
provided
used
prologue
addition
rather
exception
see
springer
philippine
islands
singer
sutherland
statutory
construction
ed
think
latter
reading
also
preferred
lends
greater
meaning
provisions
former
reading
production
crop
sale
provided
section
later
text
referred
provision
bona
fide
sale
reproductive
purposes
set
second
sentence
crop
exemption
proviso
referred
since
provide
sale
crops
grown
saved
seed
sale
saved
seed
sale
provision
limited
referent
opening
clause
except
extent
reservation
asgrow
seed
company
winterboer
infringement
liability
liability
growing
step
marketing
reproductive
purposes
devoid
content
since
provision
attached
permit
sales
reproductive
purposes
latter
reading
contrast
farmer
may
use
saved
seed
sale
proviso
allows
seed
intentionally
grown
purpose
sale
sexually
multipl
ied
step
marketing
growing
purposes
variety
second
respect
favored
reading
gives
greater
meaning
provision
reading
crop
sale
provided
section
causes
permission
given
opening
sentence
extend
sales
nonreproductive
purposes
crops
grown
saved
seed
opposed
sales
saved
seed
separate
permission
required
since
already
contained
within
crop
exemption
serves
reminder
crop
saved
seed
sold
exemption
peculiarly
incomplete
reminder
since
saved
seed
also
sold
exemption
summarize
reason
proviso
first
sentence
allows
seed
preserved
reproductive
purposes
saved
seed
sold
purposes
structure
sentence
however
authorization
extend
asgrow
seed
company
winterboer
saved
seed
grown
purpose
sale
marketing
replanting
case
violated
exception
exemption
apply
practical
matter
since
prohibits
unauthorized
transfer
title
possession
protected
variety
means
seed
sold
proviso
seed
saved
farmer
replant
acreage
think
limitation
also
apparent
text
crop
exemption
permits
farm
crop
saved
seeds
sold
nonreproductive
purposes
saved
seeds
produced
descent
farm
emphasis
added
view
proviso
crop
exemption
authorizes
permitted
buyers
saved
seeds
sell
crops
produce
thus
farmer
saves
seeds
replant
acreage
reason
changes
plans
may
instead
sell
seeds
replanting
terms
set
forth
proviso
course
sell
nonreproductive
purposes
crop
exemption
asgrow
seed
company
winterboer
remains
discuss
one
final
feature
proviso
authorizing
limited
sales
reproductive
purposes
proviso
allows
sales
saved
seed
replanting
purposes
persons
whose
primary
farming
occupation
growing
crops
sale
reproductive
purposes
federal
circuit
rejected
proposition
seed
sellable
exemption
seed
saved
farmer
replanting
sought
achieve
limitation
upon
quantity
seed
sold
reproductive
purposes
adopting
approach
primary
farming
occupation
requirement
proviso
uyers
sellers
brown
bag
seed
qualify
crop
exemption
concluded
produce
larger
crop
protected
seed
consumption
nonreproductive
purposes
sale
seed
say
seller
sell
half
protected
crop
seed
words
statute
however
stand
way
creative
somewhat
insubstantial
limitation
ask
farmer
primary
farming
occupation
ask
constitutes
bulk
total
farming
business
selling
crops
reproductive
purposes
must
constitute
preponderance
farmer
business
preponderance
business
protected
seed
simply
way
derive
text
narrower
focus
federal
circuit
applied
thus
quantity
seed
sold
limited
described
reference
original
purpose
seed
saved
barely
limited
limited
volume
worth
selling
farmer
total
crop
sales
reproductive
purposes
seems
us
unlikely
result
asgrow
seed
company
winterboer
judgment
appeals
federal
circuit
reversed
footnotes
except
otherwise
provided
subchapter
shall
infringement
rights
owner
novel
variety
perform
without
authority
following
acts
commerce
regulated
congress
affecting
commerce
prior
expiration
right
plant
variety
protection
either
issue
certificate
distribution
novel
plant
variety
notice
section
title
sell
novel
variety
offer
expose
sale
deliver
ship
consign
exchange
solicit
offer
buy
transfer
title
possession
import
novel
variety
export
sexually
multiply
novel
variety
step
marketing
growing
purposes
variety
use
novel
variety
producing
distinguished
developing
hybrid
different
variety
therefrom
asgrow
seed
company
winterboer
use
seed
marked
unauthorized
propagation
prohibited
unauthorized
seed
multiplication
prohibited
progeny
thereof
propagate
novel
variety
dispense
novel
variety
another
form
propagated
without
notice
protected
variety
received
perform
foregoing
acts
even
instances
novel
variety
multiplied
sexually
except
pursuance
valid
plant
patent
instigate
actively
induce
performance
foregoing
acts
congress
recently
amended
section
striking
first
sentence
words
section
provided
follows
period
inserting
section
plant
variety
protection
act
amendments
pub
stat
amendment
effect
eliminating
exemption
infringement
liability
farmers
sell
seed
farmers
reproductive
purposes
action
however
bearing
resolution
present
case
since
amendments
affect
certificates
issued
april
pending
date
see
stat
dissent
asserts
federal
circuit
demanding
interpretation
marketing
supported
ancient
doctrine
disfavoring
restraints
alienation
property
see
post
asgrow
seed
company
winterboer
wellspring
doctrine
course
concern
property
rights
context
pvpa
dissent
interpretation
rather
belittles
concern
whole
purpose
statute
create
valuable
property
product
botanical
research
giving
developer
right
exclude
others
selling
variety
offering
sale
reproducing
importing
exporting
etc
applying
rule
disfavoring
restraints
alienation
interpretation
pvpa
rather
like
applying
rule
disfavoring
restraints
upon
freedom
contract
interpretation
sherman
act
reading
also
gives
meaning
proviso
statement
without
regard
provisions
section
shall
infringe
right
hereunder
person
engage
certain
sales
saved
seed
reproductive
purposes
emphasis
added
serves
eliminate
technical
argument
production
seed
originally
compliance
done
step
marketing
reproductive
purposes
retroactively
rendered
unlawful
later
sale
permitted
proviso
sale
causes
earlier
production
step
marketing
reproductive
purposes
crops
soybeans
seed
harvest
one
mean
enough
seeds
one
year
crop
acreage
since
germination
rate
batch
seed
declines
time
soybean
farmer
get
seeds
next
year
harvest
vegetable
crops
seed
harvest
portion
crop
must
permitted
overripen
go
seed
order
obtain
seeds
one
amici
appeals
asserted
parties
us
dispute
practice
vegetable
farmers
grow
seeds
every
four
five
years
brown
bag
enough
seed
four
five
future
crops
vegetable
farmer
sets
aside
protected
seed
subsequent
replantings
mind
later
abandons
plan
sold
farm
example
analysis
able
sell
saved
seed
even
though
plant
single
year
four
five
times
current
acreage
asgrow
seed
company
winterboer
justice
stevens
dissenting
key
statutory
puzzle
meaning
phrase
step
marketing
used
synonymous
purpose
selling
holds
see
ante
majority
comprehensive
exposition
statute
correct
record
dissent
phrase
conveys
different
message
must
reason
congress
used
word
marketing
rather
common
term
selling
indeed
contained
subsection
statute
crucial
language
congress
made
act
infringement
sell
novel
variety
yet
mere
two
clauses
later
congress
eschewed
word
sell
favor
marketing
congress
obviously
prohibited
sexual
multiplication
step
selling
presume
elected
prohibit
sexual
multiplication
step
marketing
growing
purposes
variety
congress
meant
something
different
moreover
used
statute
marketing
must
narrower
broader
selling
majority
correct
one
dictionary
meaning
marketing
act
selling
acts
preparatory
thereto
see
ante
asgrow
seed
company
winterboer
congress
prohibited
one
preparatory
act
sexual
multiplication
step
marketing
majority
broad
definition
marketing
prohibiting
sexual
multiplication
step
marketing
broader
prohibiting
sexual
multiplication
step
selling
steps
marketing
ultimately
steps
selling
marketing
broader
selling
congress
intend
two
terms
coextensive
marketing
must
encompass
something
less
selling
statute
whole
interpreted
appeals
indicates
congress
intended
preserve
farmer
right
engage
sales
seed
neighboring
farmers
congress
limited
right
express
requirement
sales
may
constitute
primary
farming
occupation
either
buyer
seller
moreover
makes
abundantly
clear
unauthorized
participation
marketing
protected
varieties
taboo
one
interprets
marketing
refer
subcategory
selling
activities
namely
merchandising
farm
cooperatives
wholesalers
retailers
commercial
distributors
entire
statute
seems
make
sense
think
congress
wanted
allow
ordinary
sale
one
farmer
another
appeals
concluded
want
permit
farmers
compete
seed
manufacturers
ground
extensive
coordinated
selling
activities
advertising
using
intervening
sales
representative
similar
extended
merchandising
retail
activities
ca
fed
reading
statute
consistent
practice
viewing
restraints
alienation
property
disfavor
see
sexton
wheaton
wheat
opinion
marshall
asgrow
seed
company
winterboer
seed
issue
part
crop
planted
harvested
farmer
property
generally
owner
personal
property
even
patented
copyrighted
article
free
dispose
property
sees
fit
see
univis
lens
straus
statutory
restraint
basic
freedom
expressed
clearly
unambiguously
cf
deepsouth
packing
laitram
majority
recognizes
meaning
statute
means
clear
ante
accordingly
persuaded
appeals
correctly
interpreted
intent
congress
doubts
resolved
purported
restraints
freedom
affirm
judgment
seem
consequence
absolute
power
man
possesses
property
may
make
disposition
interfere
existing
rights
others
disposition
fair
real
valid
limitations
power
prescribed
law
sexton
wheaton
wheat
page