In the case of Vernon Hugh Bowman v. Monsanto Company et al., 2012, farmer Bowman was sued by Monsanto for patent infringement. The dispute arose from Bowman's purchase and planting of a mix of soybean seeds from a grain elevator, which included some that were genetically modified by Monsanto to be resistant to its Roundup herbicide. These modifications are patented by Monsanto, who sells them under an agreement that farmers will not save any crop produced for replanting in subsequent seasons. However, since these seeds were bought second-hand and not directly from the company, Bowman argued he was not bound by this agreement. The Supreme Court unanimously ruled against him stating that patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission.

In the dissenting opinion for Vernon Hugh Bowman v. Monsanto Company et al., Justice Kagan argued that patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder's permission. She maintained that while Bowman had every right to use the soybeans he purchased from local farmers for consumption or feed, his decision to plant them constituted an unauthorized reproduction of Monsanto’s patented invention. The doctrine of patent exhaustion, she contended, only allows the purchaser to "use" the item in question but doesn't extend this right into producing new copies of it. Therefore, by growing more crops from these seeds (essentially creating new products), Bowman infringed upon Monsanto's patents.