Public Patent Foundation Sues Monsanto on Behalf of Organic Farmers

On March 29th, 2011, the Public Patent Foundation (PUBPAT) filed a complaint on behalf of organic farmers, seed businesses, and organic agricultural organizations seeking to invalidate Monsanto’s patents on genetically modified seeds.

Photo by bloomsberries. Some rights reserved.

One of the primary concerns of organic farmers regarding GM seeds has always been the threat of contamination – “Coexistence between transgenic seed and organic seed is impossible because transgenic seed contaminates and eventually overcomes organic seed,” argues the complaint. However, the plaintiffs take the clever route of preemptively suing Monsanto “to protect themselves” in the event of such contamination, pointing out that they might “perversely” be accused of patent infringement “by the company responsible for the transgenic seed that contaminates them.”

In their prayer for relief, the Plaintiffs ask the court for the following:

A. Declare that each claim of each patent in suit is invalid;

B. Declare that Plaintiffs cannot be held to infringe any claim of any patent in suit;

C. Declare that each patent in suit is unenforceable;

D. Declare that Monsanto is not entitled to any relief if any Plaintiff is held to infringe any valid and enforceable claim of any patent;

E. Enjoin Monsanto from taking any action to enforce any patent in suit;

F. Issue an order requiring Monsanto to pay Plaintiffs’ costs and reasonable attorneys’ fees incurred in connection with this action; and

G. For such other and further relief as the Court deems just.

Law firm Faegre & Benson has published a very thorough article on the topic, discussing the arguments of the case as well as Monsanto’s rebuttals to date. You can also follow PUBPAT’s coverage of the case here.

One response to this post.

  1. Posted by Rene on July 15, 2011 at 1:17 pm

    Why hasn’t anyone taken on the fact that if Monsanto is littering their seed everywhere. They are contaminating peoples yards and fields. They are producing a product that is not even in the public s best interest and “Monopolizing” a market. Which isn’t allowed here in the USA. Farmers need to ban together and sue them and keep on suing them only ask for people to help with there lawsuits financially. I will!


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