NEW YORK – March 29, 2011 – On behalf of 60 family farmers, seed businesses and organic agricultural organizations, the Public Patent Foundation (PUBPAT) filed suit today against Monsanto Company to challenge the chemical giant's patents on genetically modified seed. The organic plaintiffs were forced to sue preemptively to protect themselves from being accused of patent infringement should they ever become contaminated by Monsanto's genetically modified seed, something Monsanto has done to others in the past.
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 a broad array of family farmers, small businesses and organizations from within the organic agriculture community who are increasingly threatened by genetically modified seed contamination despite using their best efforts to avoid it. The plaintiff organizations have over 270,000 members, including thousands of certified organic family farmers.
“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,” said Dan Ravicher, PUBPAT's Executive Director and Lecturer of Law at Benjamin N. Cardozo School of Law in New York. “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.”
Once released into the environment, genetically modified seed contaminates and destroys organic seed for the same crop. For example, soon after Monsanto introduced genetically modified seed for canola, organic canola became virtually extinct as a result of contamination. Organic corn, soybeans, cotton, sugar beets and alfalfa now face the same fate, as Monsanto has released genetically modified seed for each of those crops, too. Monsanto is developing genetically modified seed for many other crops, thus putting the future of all food, and indeed all agriculture, at stake.
In the case, PUBPAT is asking Judge Buchwald to declare that if organic farmers are ever contaminated by Monsanto's genetically modified seed, they need not fear also being accused of patent infringement. One reason justifying this result is that Monsanto's patents on genetically modified seed are invalid because they don't meet the “usefulness” requirement of patent law, according to PUBPAT's Ravicher, plaintiffs'
lead attorney in the case. Evidence cited by PUBPAT in its opening filing today proves that genetically modified seed has negative economic and health effects, while the promised benefits of genetically modified seed – increased production and decreased herbicide use – are false.
“Some say transgenic seed can coexist with organic seed, but history tells us that's not possible, and it's actually in Monsanto's financial interest to eliminate organic seed so that they can have a total monopoly over our food supply,” said Ravicher. “Monsanto is the same chemical company that previously brought us Agent Orange, DDT, PCB's and other toxins, which they said were safe, but we know are not. Now Monsanto says transgenic seed is safe, but evidence clearly shows it is not.”
The plaintiffs in the suit represented by PUBPAT are: Organic Seed Growers and Trade Association; Organic Crop Improvement Association International, Inc.; OCIA Research and Education Inc.; The Cornucopia Institute; Demeter Association, Inc.; Navdanya International; Maine Organic Farmers and Gardeners Association; Northeast Organic Farming Association/Massachusetts Chapter, Inc.; Northeast Organic Farming Association of Vermont; Rural Vermont; Ohio Ecological Food & Farm Association; Southeast Iowa Organic Association; Northern Plains Sustainable Agriculture Society; Mendocino Organic Network; Northeast Organic Dairy Producers Alliance; Canadian Organic Growers; Family Farmer Seed Cooperative; Sustainable Living Systems; Global Organic Alliance; Food Democracy Now!; Family Farm Defenders Inc.; Farm-to-Consumer Legal Defense Fund; FEDCO Seeds Inc.; Adaptive Seeds, LLC; Sow True Seed; Southern Exposure Seed Exchange; Mumm's Sprouting Seeds; Baker Creek Heirloom Seed Co., LLC; Comstock, Ferre & Co., LLC; Seedkeepers, LLC; Siskiyou Seeds; Countryside Organics; Cuatro Puertas; Interlake Forage Seeds Ltd.; Alba Ranch; Wild Plum Farm; Gratitude Gardens; Richard Everett Farm, LLC; Philadelphia Community Farm, Inc; Genesis Farm; Chispas Farms LLC; Kirschenmann Family Farms Inc.; Midheaven Farms; Koskan Farms; California Cloverleaf Farms; North Outback Farm; Taylor Farms, Inc.; Jardin del Alma; Ron Gargasz Organic Farms; Abundant Acres; T & D Willey Farms; Quinella Ranch; Nature's Way Farm Ltd.; Levke and Peter Eggers Farm; Frey Vineyards, Ltd.; Bryce Stephens; Chuck Noble; LaRhea Pepper; Paul Romero; and, Donald Wright Patterson, Jr.
Many of the plaintiffs made statements upon filing of the suit today:
Mark Kastel, Senior Farm Policy Analyst for plaintiff The Cornucopia Institute said, “Family-scale farmers desperately need the judiciary branch of our government to balance the power Monsanto is able to wield in the marketplace and in the courts. Monsanto, and the biotechnology industry, have made great investments in our executive and legislative branches through campaign contributions and powerful lobbyists in Washington. We need to court system to offset this power and protect individual farmers from corporate tyranny. Farmers have saved seeds since the beginning of agriculture by our species. It is outrageous that one corporate entity, through the trespass of what they refer to as their 'technology,' can intimidate and run roughshod over family farmers in this country. It should be the responsibility of Monsanto, and farmers licensing their technology, to ensure that genetically engineered DNA does not trespass onto neighboring farmland. It is outrageous, that through no fault of their own, farmers are being intimidated into not saving seed for fear that they will be doggedly pursued through the court system and potentially bankrupted.”
ABOUT PUBPAT
The Public Patent Foundation (PUBPAT) is a not-for-profit legal services organization affiliated with the Benjamin N. Cardozo School of Law. PUBPAT protects freedom in the patent system by representing the public interest against undeserved patents and unsound patent policy. More information about PUBPAT is available from www.pubpat.org.
CONTACT
Daniel B. Ravicher
Executive Director
PUBLIC PATENT FOUNDATION
Benjamin N. Cardozo School of Law
+1-212-545-5337
press@pubpat.org
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