Update. Organic Family Farmers Defend Their Right to Protect Themselves From Monsanto Patents.

[Agony]

"The legal brief filed by our lawyer asserts, “This case is about real farmers and real seed businesses who wish to use and distribute organic and conventional seed, but who are at substantial immediate risk of being contaminated by Monsanto's transgenic seed and then sued by Monsanto for patent infringement."

Here is to hoping the chickenshit "contaminate then sue for patent infringement" Monsanto tactic will be constrained.

more from the news release -V

NEW YORK - August 11, 2011 – The eighty-three family farmers, small and family owned seed businesses, and agricultural organizations challenging Monsanto's patents on genetically modified seed filed papers in federal court today defending their right to seek legal protection from the threat of being sued by Monsanto for patent infringement should they ever become contaminated by Monsanto's genetically modified seed. The Public Patent Foundation (PUBPAT) represents the plaintiffs in the suit, titled Organic Seed Growers & Trade Association (OSGATA), et al. v. Monsanto and pending in the Southern District of New York. Today's filings respond to a motion filed by Monsanto in mid-July to have the case dismissed.


“Rather than give a straight forward answer on whether they would sue our clients for patent infringement if they are ever contaminated by Monsanto's transgenic seed, Monsanto has instead chosen to try to deny our clients the right to receive legal protection from the courts,” said Dan Ravicher, PUBPAT's Executive Director. “Today's filings include sworn statements by several of the plaintiffs themselves explaining to the court how the risk of contamination by transgenic seed is real and why they cannot trust Monsanto to not use an occurrence of contamination as a basis to accuse them of patent infringement.”

The legal brief filed by our lawyer asserts, “This case is about real farmers and real seed businesses who wish to use and distribute organic and conventional seed, but who are at substantial immediate risk of being contaminated by Monsanto's transgenic seed and then sued by Monsanto for patent infringement. It is no mere policy disagreement seeking an advisory opinion on hypothetical facts. Monsanto has undertaken one of the most aggressive patent assertion campaigns in history, including asserting its patents on transgenic seed against parties who, like Plaintiffs, never wanted to use or distribute such seed. As a result, each of the Plaintiffs is under constant fear of being contaminated by Monsanto's transgenic seed and then sued by Monsanto for patent infringement. This fear is so severe for some of the Plaintiffs that they are completely forgoing growing certain crops that they easily could grow and would like to grow…
“Viewing all the circumstances in this case in the light of the purpose of the Declaratory Judgment Act shows that Plaintiffs indeed have standing and that Defendants' motion lacks merit. Monsanto could easily make this case disappear by providing Plaintiffs a simple covenant not to sue. It would take no more than a single sentence on a single piece of paper and a single stroke of the pen. Monsanto's failure to do so speaks louder than any stack of papers ever could. As such, Plaintiffs respectfully request that Monsanto's motion be denied.”

http://woodprairiefarm.commercev3.com/wpf_news_pressrelease3

[NYC_SKP]

1. K/R. When I try to explain to folks how Monsanto sues growers for being contaminated with THEIR seed

They look at me in disbelief.

It's unbelievable, but it's true.

Bastards.

[slipslidingaway]

2. knr nt

[Agony]

3. Sue the bastards and plough it under!

India Takes Monsanto To Court For Biopiracy Over Development Of GM Eggplant THANKS! Vehl Don't Fuck with our Eggplant!
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x1725645

Hungary Destroys All Monsanto GMO Maize Fields THANKS! TalkingDog
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x1568053

[Agony]

4. As a seed supplier in the existing legal environment you would have to test EVERY batch of seeds

so you won't get sued by Monsanto. Fedco Seed Cooperative found contaminated seed from their growers in each of 2005, 2008, 2009 and 2010.

From the court brief:
For example, plaintiff Fedco Seeds is a cooperative seed company in Maine. Am. Compl. ¶ 48; D. Lawn ¶ 1. Fedco sells only conventional and organic seed and offers hundreds of varieties of crops, including corn, soybeans and alfalfa. D. Lawn. ¶ 1. Fedco doesn't grow the seed it sells itself, but instead contracts with others to grow seed for it. Id. While Fedco does not knowingly purchase any transgenic or genetically modified seed, Fedco believes that its seed supply may nonetheless become contaminated. D. Lawn. ¶ 2. This belief is based on their knowledge of the general risk of contamination, including the fact that transgenic seed contamination effectively destroyed all organic canola, and on their personal instances of near contamination. D. Lawn. ¶¶ 3-4. As a result, Fedco has to regularly test the seed it is provided by suppliers for contamination, at considerable expense. D. Lawn. ¶ 4.
In each of 2005, 2008, 2009 and 2010, Fedco received positive contamination test results for seed it received from various suppliers. Id. In each case, Fedco rejected or returned the contaminated seed. Id. However, Fedco does not have the resources to test every shipment of seed it receives from all of its suppliers. D. Lawn. ¶ 5. Thus, as C.R. Lawn, Fedco's founder and co-owner, explains it, “there is a real risk that some day soon we may unintentionally and unknowingly redistribute transgenic seed to customers.” Id. Because of this risk, and because of Fedco's awareness of Monsanto's lawsuits alleging patent infringement against other seed businesses, Fedco is very concerned that if it does unknowingly sell seed contaminated by Monsanto's transgenic seed, Monsanto will accuse it of patent infringement. D. Lawn. ¶¶ 6-7. This concern is heightened by the fact that Fedco is a direct competitor to Monsanto and has
4
Case 1:11-cv-02163-NRB Document 40 Filed 08/11/11 Page 9 of 31
staked its reputation on having zero tolerance for transgenic seed contamination. D. Lawn. ¶ 7. Fedco is just one of the seed businesses that are plaintiffs in this case. Each of the others is similarly at immediate risk of contamination and being accused of infringing Monsanto's
patents. Am. Compl. ¶ 62.

[upi402]

7. The flick: Food Inc. is a must see

http://www.youtube.com/watch?v=zk4V_lsTqZw

Makes ya think, or it should anyway.

[Quantess]

11. I watched the last half of it over someone's shoulder.

Great documentary.

[kansasblue]

5. Small Farmer Wins Moral Victory Over Monsanto (2008)

Small Farmer Wins Moral Victory Over Monsanto

Monsanto in Canada

http://www.naturalnews.com/022918.html

[qb]

6. K&R - I hope they make Monsanto eat all of their damn franken-seeds.

[2banon]

8. Thanks for this enlightening update.

:thumpsup:

[laundry_queen]

9. Support your local organic farms

I just started with a small local company that delivers organic and mostly local produce weekly or bi-weekly. It's expensive but it's so important to me that we protect our food supply. Nearly all of the produce I receive is seasonal and from local farms, except in the winter they get shipments from small family organic farms in the south or from local year round greenhouses. This small company is very careful about the farmers it selects - almost all are small, sustainable organic (or trying to be) family farms. It's my way of trying to stick it to Monsanto. Imagine if even 100 of us from DU did this. Every bit makes a difference. If I can find a local company that does this where I am, chances are there are some where you are!

[Pooka Fey]

10. K&R