Monsanto wins lawsuit against Indiana soybean farmer
Monsanto claimed intellectual property infringement when a farmer used the company's patented seeds from a commodity seed bag.
link:
//-->
|
Pin It
|
Monsanto wins lawsuit against Indiana soybean farmerMonsanto claimed intellectual property infringement when a farmer used the company's patented seeds from a commodity seed bag.By Carey Gillam, ReutersWed, Sep 21 2011 at 5:53 PM EST
9
Monsanto Co., the world's largest seed company, has prevailed in another lawsuit against a U.S. farmer, earning a ruling from a federal appeals court that protects Monsanto's interests even when its patented seeds are sold in a mix of undifferentiated "commodity" seeds.
The U.S. Court of Appeals for the Federal Circuit in Washington issued its ruling Wednesday, affirming the lower court decision that favored Monsanto.
The St. Louis, Mo.-based company sued Indiana soybean farmer Vernon Bowman in 2007, accusing Bowman of patent infringement for planting and saving seeds that contained Monsanto's genetically altered Roundup Ready technology even though Bowman said he bought those seeds as part of a mix of commodity seeds.
Commodity seeds come from farms that use Roundup Ready technology as well as those that do not without differentiation. No licensing agreements are required with the sale of such seeds.
Monsanto restricts grower use of its licensed Roundup Ready seed to a single commercial crop season. Roundup Ready seeds tolerate spray treatments of Monsanto's Roundup herbicide.
The court found that while the technology agreements Monsanto requires growers to adhere to forbids farmers from selling the progeny of Roundup Ready seeds, those agreements do not extend to second-generation seed.
In fact, Monsanto authorizes the growers to sell their second-generation seed to grain elevators as a commodity and does not require restrictions on grain elevators' subsequent sales of that seed, the court said.
But that still does not give growers a green light to replicate Monsanto's patented technology by planting it in the ground to create "newly infringing genetic material, seeds and plants," the court found.
"The attempt to limit the applicability of patent rights was again squarely rejected by the court," Monsanto said in a statement.
In Bowman's case, he planted Roundup Ready seeds as his first-crop in each growing season from 1999-2007 and did not save seed in compliance with licensing agreements. But he also purchased commodity seed from a local grain elevator for a late-season planting, or what is known as a "second-crop."
The farmer applied glyphosate to his second soybean crops and was able to identify herbicide-resistant plants, from which he then saved seed for subsequent years of second-crop planting, according to the court documents.
Bowman argued that Monsanto's patent rights were exhausted with respect to Roundup Ready soybean seeds that are present in grain elevators as undifferentiated commodity seed.
But the court still found that infringement of Monsanto's patent occurred and affirmed the award of damages to Monsanto, which a lower court set $84,456.
Mark Walters, a lawyer for Bowman, said he was disappointed in the court decision, which he said conflicts with "over a century of Supreme Court law on patent exhaustion." Bowman may make a further appeal, he said.
(Reporting by Carey Gillam; Editing by Bob Burgdorfer)
Copyright 2011 Reuters Environmental Online Report
CLOSE
link:
You might also like:
Related Topics: Farming & Agriculture, Sustainable Farming
Comments
Observer
09/26/2011 12:13 PM
The case also seems to suggest that farmers will no longer be able to save second generation seeds from grain elevators if (as stated in this case) 90% of the seeds in the grain elevators are from GMO sources. So, whether they want to buy GMO seeds or not, they'll have to buy seeds from the GMO producer or a grain elevator - saving seeds is no longer permitted...
Josh
09/25/2011 16:04 PM
Help change the law so that genetically modified foods are required to be label. Sign this petition. https://wwws.whitehouse.gov/petitions#!/petition/require-all-genetically-modified-foods-be-labeled-such/yZCBVVz0
Maria
09/24/2011 14:43 PM
October 16 is World Food Day and Millions Against Monsanto is coming to a city near you. Join a rally and tell the world how we feel about genetically engineered crops . NO TO GMO! Monsanto , Bayer and Scotts are evil. They are selling genetically engineered grass seed without the knowledge or consent of the consumer.
Nick
09/24/2011 11:58 AM
While I absolutely hate what Monsanto is doing, the farmer was just as evil as any farmer who is intentionally growing GM crops. In this case, the farmer was getting his seeds without paying Monsanto by using Roundup to kill off the non-GMO plants so he would be saving the seeds only from his GMO plants. This is really a different thing.
Anonymous
09/27/2011 13:25 PM
Replanting seeds is not evil at all. How the hell do you think farmers have continued crops for thousands of years? Did the seeds magically appear out of thin air? And genetically modified crops are not evil, despite what movies and paranoid environmentalists would have you think. Did you know that some methods of genetic modification simply involves intensive breeding and cross breeding programs? You modify the genetics by identifying specimens that have the traits you are.... More
Starbuck
09/28/2011 06:33 AM
Of course replanting seeds is not evil! Monsanto's modis operandi, well one of several actually, is to require farmers using their GMO seeds to purchase new seed with every new planting. They own enforceable patents. They have been known to sue organic farmers whose only "crime" was to not know that Monsanto's guarded, experimental GMO plantings had escaped into the wild, so to speak, and were taking root in fields that were never intended to harbor such.... More
Chee
09/24/2011 08:49 AM
Yep, Monsanto is the evil empire and if they have their way they will own the entire world's food supply - and you thought gas prices were high. This is not done without the help of politicians, but no one seems to care. Why aren't people in the streets? We need to get back to Organic farming - I buy local and support organic farmers and appreciate all the work they do to raise my food. Also, Roundup is now known to cause birth defects....would you trust a company that made DDT, Agent.... More
linda l
09/24/2011 02:54 AM
Maybe if monsanto and their gmo farmers keep suing each other they will put themselves out of business. Never thought monanto would sue one of their own. Are they that greedy or are they hiding something
Andrea
09/24/2011 00:03 AM
I watched a documentary on Monsanto recently that was infuriating. It's not right what they are doing to farmers. Its hard enough to make a living as a farmer without having to worry about Monsanto dropping in with lawsuits. I hope Monsanto gets what's coming to them before too many more farmers have to deal with their selfish endeavors.
Starbuck
Today 02:09 AM
If I was asked to nominate one company, and only one, to be awarded the "Evil Empire" prize, Monsanto would be that company. I read recently that some of their GMO corn - developed to withstand the effects of a particular pesticide - is failing because, in essence, the pests themselves have become immune to the pesticide. This was predictable. Apparently, this farmer actually was trying to get around their patent so he could go ahead and grow another crop of herbicide resistant.... More Add your commentSign in with one of these accounts or just add your comment below. |
ADVERTISEMENTTOP MEMBERSJoin Now
ADVERTISEMENT |
Copyright © 2012 MNN Holdings, LLC. All Rights Reserved. Website by GLICK INTERACTIVE | Powered by CIRRACORE |
| SPONSORS |