|A three-judge panel at the Court of Appeals for the Federal Circuit ruled today that a group of organic and otherwise non-GMO farmer and seed company plaintiffs are not entitled to bring a lawsuit to protect themselves from Monsanto’s transgenic seed patents "because Monsanto has made binding assurances that it will not ‘take legal action against growers whose crops might inadvertently contain traces of Monsanto biotech genes (because, for example, some transgenic seed or pollen blew onto the grower’s land).’"
In the ruling issued today in the case Organic Seed Growers and Trade Association et al. v. Monsanto, the Court of Appeals judges affirmed the Southern District of New York’s previous decision that the plaintiffs did not present a sufficient controversy to warrant adjudication by the courts. However, it did so only because Monsanto made repeated commitments during the lawsuit to not sue farmers with “trace amounts” of contamination of crops containing their patented genes.
The plaintiff farmers and seed companies began their legal battle in March of 2011, when they filed a complaint against agricultural giant Monsanto asking for a declaration that Monsanto’s patents on genetically engineered seed were invalid or unenforceable. The plaintiffs were compelled to file the suit because Monsanto’s patented seed can contaminate neighboring fields through various means including wind and insects, and the owners of those fields, such as plaintiffs, can then be sued by Monsanto for patent infringement.
While the court is relying on Monsanto’s promise not to sue farmers for unintentional contamination, a growing number of America’s farmers and consumers are concerned about genetic contamination of our food supply by Monsanto’s transgenic crops. While this lawsuit seeks to protect contaminated farmers from being accused of infringing Monsanto’s patents, the decision today allows farmers who are contaminated to sue Monsanto and Monsanto’s customers for the harm caused by that contamination without fear of a retaliation patent infringement claim against them by Monsanto.
“Today’s ruling may give farmers a toehold in courts regarding the unwanted contamination of their crops, but it does not protect our food supply from the continued proliferation of Monsanto’s flawed technology,” said Dave Murphy, founder and executive director of Food Democracy Now!, a co-plaintiff in the lawsuit. “The real threat of continued contamination of our nation’s food supply was only highlighted last week when Monsanto’s unapproved GMO wheat was discovered in an Oregon farmer’s field more than 10 years after it was legally planted in that state,” said Dave Murphy, founder and executive director of Food Democracy Now!.
Despite the Court of Appeals’ Decision today the plaintiffs still have the right to ask the Supreme Court to review the Court of Appeals decision and ultimately reinstate the case. Ravicher said the Organic Seed plaintiffs are considering doing so.