“Society stands on the precipice of forever being bound to transgenic agriculture and transgenic food”
reads the first sentence in the amended complaint filed by farmers, environmentalist, researchers and consumer
groups against Monsanto.
If Organic farmers, seed growers, and companies have no assurance that technology they have never asked for,
never signed a licensing agreement to use, have no desire to be a part of, and in fact, go to great lengths to avoid, can still trespass on their farms and subject them to a lawsuit by the patent holder who seemingly escapes all
liability for that trespass, then it is not only morally wrong, ethically unjust, but also legally perverse.
These sentiments, uttered by plaintiff Marty Mesh, Executive Director of Florida Organic Growers, concisely sum up the suit against Monsanto. This
effort has recently
gained twenty-three new members as the broad coalition seeks protection against suits by Monsanto for patent infringement on the company’s transgenic seed (a.k.a. genetically modified). “Through this action, Plaintiffs ask the Court to declare that, should [farmers' fields] ever be contaminated by Monsanto’s transgenic seed, [farmers] need not fear being sued for patent infringement.”
(part of the lawsuit reads)-
"Monsanto’s patents would also not be infringed by Plaintiffs because, amongst other things, Plaintiffs do not intend to use Monsanto’s transgenic seed, any seed possessed by Plaintiffs that may be contaminated by Monsanto’s transgenic seed is not covered by any valid and properly construed claim of any patent in suit, and Monsanto’s patents rights in transgenic seed exhaust upon the authorized distribution by Monsanto to its customers. Monsanto’s patents are also unenforceable because, among other things, Monsanto has committed misuse, Monsanto is equitably estopped from enforcing them, and Monsanto commits trespass when its transgenic seed contaminates another."
"Among them are family farmers, organic dairies, food safety advocates, seed companies, agricultural research interests and environmental organizations representing hundreds of thousands of members, including several thousand certified organic, biodynamic, or otherwise non-transgenic family farmers who do not want their farms contaminated by genetically modified seeds."
http://gmo-journal.c...ainst-monsanto/