January 15, 2014
US Supreme Court will not hear appeal of Monsanto seed case
The US Supreme Court will not be hearing an appeal from organic farmers and other parties who have called for Monsanto Co's promise to never sue farmers if their plants contain the company's patented genetically modified traits inadvertently.
According to Kyle McClain, Monsanto's chief litigation counsel, the company has not sued for inadvertent use of its biotech seeds and did not plan to. However, it would not make a blanket promise to that effect; the company has routinely sued farmers who it says intentionally plant its biotech seeds without paying for the technology.
In March 2011, the Organic Seed Growers and Trade Association and a group of organic and conventional family farmers, seed companies and public advocacy interests launched a suit against Monsanto. The suit sought to prohibit the company from suing farmers whose fields became inadvertently contaminated with corn, soy, cotton, rapeseed and other crops containing Monsanto's genetic modifications.
Monsanto has genetically engineered its specialty seeds to withstand dousing of glyphosate, the main ingredient of the company's Roundup herbicide. The company charges a premium to farmers for use of its seeds and prohibits unauthorised plantings. However, there have been several cases in which the patented genetic traits have been found to have mixed into fields where farmers had not purchased or planted the biotech seeds.
Daniel Ravicher, executive director of the Public Patent Foundation and lead counsel to the plaintiffs, said in a statement that the high court's action was disappointing but that "it should not be misinterpreted as meaning that Monsanto has the right to bring such suits."
"Indeed, in light of the court of appeals decision, Monsanto may not sue any (affected) farmers for patent infringement if the level of contamination is less than 1%," he added.
