Asgrow Seed Co. v. Winterboer, 513 U.S. 179, 2 (1995)

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that there be extensive promotional or merchandising activities connected with the selling. Pp. 185-188. (b) By reason of the proviso, the first sentence of 2543 allows seed that has been preserved for reproductive purposes (saved seed) to be sold for such purposes. However, the structure of the sentence is such that this authorization does not extend to saved seed that was grown for the purpose of sale (marketing) for replanting, because that would violate 2541(3). As a practical matter, this means that only seed that has been saved by the farmer to replant his own acreage can be sold. Thus, a farmer who saves seeds to replant his acreage, but changes his plans, may sell the seeds for replanting under the proviso's terms. The statute's language stands in the way of the limitation the Court of Appeals found in the amount of seed that can be sold. Pp. 188-192.

982 F. 2d 486, reversed.

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, post, p. 193.

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.*

*Briefs of amici curiae urging reversal were filed for the American Intellectual Property Law Association by J. Michael Jakes; and for the American Seed Trade Association by Gary Jay Kushner, John G. Roberts, Jr., and David G. Leitch.

Mary Helen Sears filed a brief for Ted Cook as amicus curiae urging affirmance.

Briefs of amici curiae were filed for the Rural Advancement Foundation International et al. by David Charles Masselli; and for James G. McDonald by Stephen Gordon.

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