USA: Decision in landmark federal lawsuit

The U.S. Supreme Court issued a decision in the landmark federal lawsuit, Organic Seed Growers and Trade Association et al v. Monsanto on 13 January 2013. Farmers were denied the right to argue their case in court and gain protection from potential abuse by the agrichemical and genetic engineering giant Monsanto, the Cornucopia Institute reports. Additionally, the high court decision dashes the hopes of family farmers who sought the opportunity to prove in court Monsanto’s genetically engineered seed patents are invalid.
 

“While the Supreme Court's decision to not give organic and other non-GMO farmers the right to seek preemptive protection from Monsanto's patents at this time is disappointing, it should not be misinterpreted as meaning that Monsanto has the right to bring such suits,” said Daniel Ravicher, Executive Director of the Public Patent Foundation (PUBPAT) and lead counsel to the plaintiffs in OSGATA et al v. Monsanto. He continues that indeed, in light of the Court of Appeals decision, Monsanto may not sue any contaminated farmer for patent infringement if the level of contamination is less than one percent. He hopes that for farmers contaminated by more than one percent, perhaps a day will come to address whether Monsanto's patents may be asserted against them. The PUBPAT is confident that if the courts ever hear such a case, they will rule for the non-GMO farmers.

Farmers had sought Court protection under the Declaratory Judgment Act that, should they become the innocent victims of crop contamination by Monsanto’s patented gene-splice technology, they could not perversely be sued for patent infringement. The historic lawsuit was filed in 2011 in Federal District Court in Manhattan. The large plaintiff group numbers 83 individual American and Canadian family farmers, independent seed companies, agricultural organizations and public interest groups. The combined memberships of these plaintiff groups total over 1 million citizens, including many non-GMO  farmers and over 25% of North America’s certified organic farmers. More information is available from the Cornucopia Institute.