A class action suit has been filed by a group of plaintiffs connected with the organic/natural foods movement against the gene-splicing giant, Monsanto Corporation. The suit, filed March 29, 2011, in United States District Court, Southern District of New York, in Manhattan, seeks a declaratory judgment against Monsanto. If granted, the judgment will prohibit Monsanto from suing for patent infringement in the event that its patented genes, such as the glyphosate tolerance gene, should turn up in seeds or plants grown by organic or heirloom farmers.
The suit was filed by the Public Patent foundation, or PUBPAT, a New York-based legal firm specializing in aspects of patent law pertaining to the public’s interest in such regulation. The suit was filed on behalf of about 60 plaintiffs, representing a broad spectrum of folks involved in the organic/pure foods movement. Trade organizations, like the Organic Seed Growers and Trade Association, Organic Crop Improvement Association International, Inc., and The Cornucopia Institute were named; such organizations in turn boast tens of thousands of members. Several seed companies are participating, including Adaptive Seeds, Baker Creek Heirloom Seed Co., Comstock-Ferre Seed Co., Fedco Seeds, Southern Exposure Seed Exchange, and numerous other companies. A number of individual farmers are also participating, including Wild Plum Farm, Montana, Jardin del Alma, New Mexico, Philadelphia Community Farm, Inc, and others.
The suit alleges that Monsanto’s aggressive tactics have, in the past, resulted in undue hardships on small operations who inadvertently experienced contamination from GMO crops, especially those containing the glyphosate tolerance gene (commonly known as the “Roundup-ready” gene) as exemplified in the well-known Percy Schmeiser case. In that case, Schmeiser, a canola farmer, was accused of patent infringement because Monsanto-owned genes turned up in his fields, in the absence of any license from Monsanto.
In a press release, PUBPAT said, “The organic plaintiffs were forced to sue preemptively to protect themselves from being accused of patent infringement should their crops ever become contaminated by Monsanto’s genetically modified seed.” If the plaintiffs prevail, future situations like the Schmeiser case would not happen, at least in the United States, as Monsanto wouldn’t be able to sue when the intention of the farmer was to raise GMO-free crops. (The Schmeiser cases happened in Canada; this ruling would affect only American farms.)
PUBPAT cited four grounds for the suit, any one of which, if proved, should be sufficient to cause the court to issue the declaratory judgment.
1.) Monsanto’s patents are invalid
By law, patents must be new, non-obvious and useful. The suit asserts that not only are GMO’s not useful, but they may actually be harmful to public health, the environment and society as a whole. Moreover, they are obvious since they derive from gene sequencing. The complaint cites a number of studies and cases to support this claim.
2.) Monsanto’s patents are not infringed
Since there is no intention on the part of contaminated farmers to infringe patents, there can be no patent infringement. Instead, contamination is in fact a trespass, causing damage to the affected farmers. The complaint contends that it is “perverse” that farmers whose crops have been contaminated should also be subject to litigation for patent infringement.
3.) Monsanto’s patents are not enforceable
If both previous arguments fail and patents are still admitted by the judge as being valid and infringed, PUBPAT intends to demonstrate that they are not enforceable because they are being misused to gain undue control over the market.
4.) Monsanto is not entitled to any remedy
Since the farmers in the class are seeking to produce only GMO-free crops, and GMO contamination destroys the value of such crops, Monsanto has not lost revenue due solely to the production of the contaminated crops. Consequently, it is not entitled to damages.
To be successful, the plaintiffs need only successfully prove any one of the four bases for the suit. Monsanto, on the other hand, must successfully refute all four of the claims to prove its case.
The suit has received widespread attention in the media and on the Internet, and has caused a sensation among pure food advocates and consumers, many of whom view the suit as yet another David-and-Goliath situation.
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I hadn’t heard of ANYONE ever standing up to Monsanto directly like this. I will spread this post around so all of my peers know and spread this information because it is extremely important. You might even say the fate of our lives depends on it. If they are to lose the case, there’s no doubt it’d be a crippling blow for those thinking about standing up to these corporate monsters. Thanks for posting this information.
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Complete Guide on companion planting, companion plant, garden companion planting, organic gardening pest control and home vegetable gardening.
I am heartened to see action against one of the greedy corporations that are destroying our country and planet. Thanks for the article and I will keep tabs on what happens to this case over the coming years for we all know that Monsanto has deep pockets and leagues of lawyers.
Monsanto is one of the most immoral, unethical corporate blights on the planet. Their frankenpollen has been found in Chiapas, Mexico, where Indians have raised the same ancient strains of corn for centuries.
Until now. Their crops are infested by GMO pollen, which is distributed worldwide by the jet stream.
This unintentional infestation must stop.
Pingback: Monsanto Lawsuit | Bifurcated Carrots
I can’t wait until we win this one.
Good luck!!!! My prayers are with you.
Praying that you prevail over such an unethical company
Praise the Lord!!!
Thank you for taking on Monsanto. What they’ve done to our environment is unbelievable. Maybe, after you win the lawsuit, you can file another one for damages!!
Please don’t except any “back room” settlement. Stand strong and speak LOUDLY so others are aware of they’re corruption.
It’s about time that people (lawyers) stopped being afraid to take on Monsanto. They have been bullying HONEST people for far too long. I’m glad that the lawyer had the courage to make its case. We need to spread the word so it can gain coverage like major celebrity events. The government didn’t want undue general public panic, well, that is what we need. When the mass populous stands united, then, and only then can Monsanto go down. This is a major door opener. Food Inc. was a great start. That momentum needs to keep going. Way to go farmers!
We are here for you!
God Bless the GMO free farmers and Good Luck!
Good vs. Evil scenario here.
Please replace this picture on your website. Over 100 children die each year to tractor related deaths, including many who are run over by their parents or grandparents in scenes similar to what you have on this page. This is not a pastoral picture–it is a tragedy waiting to happen.
Yes! This is a world wide monster born in the States – We need to rise up an promote justice to all small farming operations that have fallen victim to Monsanto’s unethical and immoral practices to fund their own legal team. We need to fight them and win, so the other countries around the world can do so too. We are a global community now, so Monsanto, may we shed a light on your dark practices.
God speed against that big AG monster , may you all prevail !