On Tuesday, the Public Patent Foundation (PUBPAT) filed suit against Monsanto Company, challenging their patent rights related to genetically modified seed. The organic plaintiffs are bringing on this lawsuit preemptively in order to protect themselves from later being accused of patent infringement due to Monsanto genetically modified seed contamination.
Monsanto has openly sued many in the past, leaving organic farmers little choice - it's sue now or be sued later sort of situation. The case, Organic Seed Growers & Trade Association, et al. v. Monsanto, was filed in federal district court in Manhattan and assigned to Judge Naomi Buchwald. Plaintiffs in the suit represent an array of families and businesses in the organic agriculture community who feel increasingly threatened by GE seed contamination, especially since, even with best efforts, contamination is difficult, if not impossible to avoid.
A statement from Dan Ravicher, PUBPAT's Executive Director, notes:
"This case asks whether Monsanto has the right to sue organic farmers for patent infringement if Monsanto's transgenic seed should land on their property. It seems quite perverse that an organic farmer contaminated by transgenic seed could be accused of patent infringement, but Monsanto has made such accusations before and is notorious for having sued hundreds of farmers for patent infringement, so we had to act to protect the interests of our clients."
After filing of the suit on Tuesday, many of the plaintiffs made public statements, which you can read in the PUBPAT press release. Reports note that Monsanto has called the lawsuit misleading and a "publicity stunt." We'll have to wait and see how this all plays out. What do you think? Will the law side with Monsanto or the organic community?
+ OSGATA et al. v. Monsanto - COMPLAINT (March 29, 2011) (pdf)
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