Comment Re:The farmer's recourse is to sue to sell (Score 2) 579
He was trying to argue that first sale doctrine means the patent can't tell him he can't use the cheap seed for planting. Which is true. But the patent still applies because he can use the seed to grow more seed, and he knew it.
This isn't a case of a farmer's crop being cross-contaminated. This guy was deliberately trying to get around having to honour the plant patent by obtaining the seeds through other means.
Monsanto may have a case against the elevator for not heat-treating the seeds sold as feed to ensure they could not be used for planting. But the farmer does not have a case, as he was banking on the elevator not treating the seed.