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.
