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Publication

title

"But I Didn't Know": Monsanto v. Schmeiser and Knowledge of Patent Infringement

DATE

July 1, 2004

EXPERTISE

Life Sciences

The recent ruling of the Supreme Court of Canada in Monsanto v. Schmeiser (2004 SCC 34), a patent infringement case, received much attention in the general media. This 5-4 decision is of particular interest to those in the life science industries because it confirms the patentability and broad scope of claims to genes and cells. The case is of wider interest because it contains an important discussion of the issue of patent infringement, specifically the concept of use of a patented invention by an innocent (unknowing) infringer.

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