126
Syllabus
lapping statutes, so long as each reaches some distinct cases, see Connecticut Nat. Bank v. Germain, 503 U. S. 249, 253, and it has allowed dual protection in other intellectual property cases, see, e. g., Kewanee Oil Co. v. Bicron Corp., 416 U. S. 470, 484. In this case, many plant varieties that are unable to satisfy § 101's stringent requirements might still qualify for the PVPA's lesser protections. Pp. 138-144.
(d) The PTO has assigned utility patents for plants for at least 16 years, and there has been no indication from either Congress or agencies with expertise that such coverage is inconsistent with the PVPA or the PPA. Congress has not only failed to pass legislation indicating that it disagrees with the PTO's interpretation of § 101; it has even recognized the availability of utility patents for plants. Pp. 144-145.
200 F. 3d 1374, affirmed.
Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, Souter, and Ginsburg, JJ., joined. Scalia, J., filed a concurring opinion, post, p. 146. Breyer, J., filed a dissenting opinion, in which Stevens, J., joined, post, p. 147. O'Connor, J., took no part in the consideration or decision of the case.
Bruce E. Johnson argued the cause for petitioners. With him on the briefs was S. P. DeVolder.
Edmund J. Sease argued the cause for respondent. With him on the brief were Herbert H. Jervis, Daniel J. Cosgrove, and Richard G. Taranto.
Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Olson, Acting Assistant Attorney General Schiffer, Austin C. Schlick, Barbara Biddle, Alfred Mollin, John M. Whealan, Bruce J. Chasan, Stephen Walsh, and James Michael Kelly.*
*Briefs of amici curiae urging reversal were filed for the American Corn Growers Association et al. by Joseph Mendelson III; and for Malla Pollack, pro se, et al.
Briefs of amici curiae urging affirmance were filed for the American Bar Association by Martha W. Barnett and Reid G. Adler; for the American Crop Protection Association by David L. Kelleher; for the American Intellectual Property Law Association by Robert L. Baechtold and Warren D. Woessner; for the American Seed Trade Association by Gary Jay Kushner; for the Biotechnology Industry Organization by Jeffrey P. Ku-
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007