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ASGROW SEED CO. v. WINTERBOER

No. 92-2038.

513 U.S. 179 (1995)

ASGROW SEED CO. v. WINTERBOER et al., dba DEEBEES

United States Supreme Court.

Decided January 18, 1995.

Attorney(s) appearing for the Case

Richard L. Stanley argued the cause for petitioner. With him on the briefs were John F. Lynch, Bruce Stein, Lawrence C. Maxwell, and Mary Ellen Morris.

Richard H. Seamon argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Days, Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, Barbara C. Biddle, and Wendy M. Keats.

William H. Bode argued the cause for respondents. With him on the brief was Luis M. Acosta.*

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, Souter, Thomas, Ginsburg, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, p. 193.

Justice Scalia, delivered the opinion of the Court.

The Plant Variety Protection Act of 1970, 7 U. S. C. § 2321 et seq., protects owners of novel seed varieties against unauthorized sales of their seed for replanting purposes. An exemption, however, allows farmers to make some sales of protected variety seed to other farmers. This case raises the question whether there is a limit to the quantity of protected seed...

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