Source: OSGATA
On February 24, Judge Naomi Buchwald handed down her
ruling on a motion to dismiss in the case of Organic Seed Growers and
Trade Assn et al v. Monsanto after hearing oral argument on January 31st
in Federal District Court in Manhattan. Her ruling to dismiss the case
brought against Monsanto on behalf of organic farmers, seed growers and
agricultural organizations representing farmers and citizens was met
with great disappointment by the plaintiffs.
Plaintiff lead attorney Daniel Ravicher said, “While I have great
respect for Judge Buchwald, her decision to deny farmers the right to
seek legal protection from one of the world’s foremost patent bullies is
gravely disappointing. Her belief that farmers are acting unreasonable
when they stop growing certain crops to avoid being sued by Monsanto for
patent infringement should their crops become contaminated maligns the
intelligence and integrity of those farmers. Her failure to address the
purpose of the Declaratory Judgment Act and her characterization of
binding Supreme Court precedent that supports the farmers’ standing as
‘wholly inapposite’ constitute legal error. In sum, her opinion is
flawed on both the facts and the law. Thankfully, the plaintiffs have
the right to appeal to the Court of Appeals, which will review the
matter without deference to her findings.”
Monsanto’s history of aggressive investigations and lawsuits brought
against farmers in America have been a source of concern for organic and
non-GMO farmers since Monsanto’s first lawsuit brought against a farmer
in the mid-90′s. Since then, 144 farmers have had lawsuits brought
against them by Monsanto for alleged violations of their patented seed
technology. Monsanto has brought charges against more than 700
additional farmers who have settled out-of-court rather than face
Monsanto’s belligerent litigious actions. Many of these farmers claim to
not have had the intention to grow or save seeds that contain
Monsanto’s patented genes. Seed drift and pollen drift from genetically
engineered crops often contaminate neighboring fields. If Monsanto’s
seed technology is found on a farmer’s land without contract they can be
found liable for patent infringement.
“Family farmers need the protection of the court,” said Maine organic
seed farmer Jim Gerritsen, President of lead plaintiff OSGATA. ”We
reject as naïve and undefendable the judge’s assertion that Monsanto’s
vague public relations ‘commitment’ should be ‘a source of comfort’ to
plaintiffs. The truth is we are under threat and we do not believe
Monsanto. The truth is that American farmers and the American people do
not believe Monsanto. Family farmers deserve our day in court and this
flawed ruling will not deter us from continuing to seek justice.”
The plaintiffs brought this suit against Monsanto to seek judicial
protection from such lawsuits and challenge the validity of Monsanto’s
patents on seeds.
“As a citizen and property owner, I find the Order by the Federal
Court to be obsequious to Monsanto,” said plaintiff organic farmer Bryce
Stephens of Kansas. ”The careless, inattentive, thoughtless and
negligent advertisement Monsanto has published on their website to not
exercise its patent rights for inadvertent trace contamination belies
the fact that their policy is in reality a presumptuous admission of
contamination by their vaunted product on my property, plants, seeds and
animals.”
