New York – August 11, 2011 – The 83 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. In support of the plantiffs’ right to bring the case, 12 agricultural organizations also filed a friend-of-the-court amici brief [https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B9lDh_KDqfBbMTE5N2Q4OWUtYWVlNS00ZGVlLWI3MGQtOTFmNDQxNTA3MTE3&hl=en_US&pli=1].
“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.”
It is now virtually impossible for a U.S. farmer to grow crops of their choosing (corn, soybeans, canola, etc.) and remain GMO-free because of the numerous biological and human means by which seeds can spread. “Given the difficulties in minimizing GM contamination farmers must make numerous decisions about which steps are worthwhile for them and which steps are not. They are not able to make these decisions based on their own and their customers‘ interests, but must instead make these decisions with the threat of litigation from a giant corporation looming over their head,” Spiegel writes in the amici brief. “The constant threat of a patent infringement suit by Monsanto creates significant, unquantifiable costs for Plaintiff farmers and similarly situated farmers.” The plaintiffs can do everything possible to maintain non-contaminated seeds, and will very likely still become contaminated, and be placed under the threat of a lawsuit. As Monsanto’s domination of the seed industry grows, and the winds continue to disperse pollen from their GMO laced crops, the likelihood of contamination and lawsuits only increases.
Monsanto has stated that they would not sue farmers who were “inadvertently” contaminated or farmers whose crops contain “trace amounts” of GMO, however they have refused to sign a simple covenant not to sue, that would bring an effective end to the lawsuit.
Monsanto’s track record makes it clear that Monsanto intends to continue threatening and harassing farmers. “Monsanto has undertaken one of the most aggressive patent assertion campaigns in history,” wrote Ravicher. Monsanto admits to filing 128 lawsuits against farmers from 1997-2010, settling out of court with 700 others for an undisclosed amount. As Spiegel writes, “The passage of time and natural biological processes will inevitably lead to higher contamination levels, at which point Monsanto will have created a target-rich environment for its patent enforcement activities.”
- Plaintiffs Bryce Stephens, who farms in Kansas and serves as vice president of OSGATA, Frederick Kirschenmann, who farms in North Dakota, C.R. Lawn, who is founder and co-owner of Fedco Seeds in Maine, Don Patterson of Virginia and Chuck Noble, who farms in South Dakota, each submitted declarations to the court describing their personal experiences with the risk of contamination by genetically modified seed and why those experiences have forced them to bring the current suit. As summarized by the accompanying brief filed by PUBPAT on the plaintiffs’ behalf, “Monsanto’s acts of widespread patent assertion and the plaintiffs’ ever growing risk of contamination create a real, immediate and substantial dispute between them.”
The brief filed by the plaintiffs in opposition to Monsanto’s motion to dismiss is available here [https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B9lDh_KDqfBbOGRhY2JiN2MtZjU1NS00MTEyLWFiOGMtNDdlOWVlYTcwNTEw&hl=en_US&pli=1].
The amici brief in support of the plaintiffs is available here [https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B9lDh_KDqfBbMTE5N2Q4OWUtYWVlNS00ZGVlLWI3MGQtOTFmNDQxNTA3MTE3&hl=en_US&pli=1].
2011-07-18 "Organic v. Monsanto" by Danielle Magnuson
More than 270,000 organic farmers are taking on corporate agriculture giant Monsanto in a lawsuit filed March 30. Led by the Organic Seed Growers and Trade Association, the family farmers are fighting for the right to keep a portion of the world food supply organic—and preemptively protecting themselves from accusations of stealing genetically modified seeds that drift on to their pristine crop fields.
Consumers are powerful. For more than a decade, a cultural shift has seen shoppers renounce the faster-fatter-bigger-cheaper mindset of factory farms, exposéd in the 2008 documentary Food, Inc. From heirloom tomatoes to heritage chickens, we want our food slow, sustainable, and local—healthy for the earth, healthy for animals, and healthy for our bodies.
But with patented seeds infiltrating the environment so fully, organic itself is at risk. Monsanto’s widely used Genuity® Roundup Ready® canola seed has already turned heirloom canola oil into an extinct species. The suing farmers are seeking to prevent similar contamination of organic corn, soybeans, and a host of other crops. What’s more, they’re seeking to prevent Monsanto from accusing them of unlawfully using the very seeds they’re trying to avoid.
“It seems quite perverse that an organic farmer contaminated by transgenic seed could be accused of patent infringement,” says Public Patent Foundation director Dan Ravicher in a Cornucopia Institute article about the farmers’ lawsuit (May 30, 2011) [http://www.cornucopia.org/2011/03/farmers-and-seed-producers-lunch-preemptive-strike-against-monsanto/], “but Monsanto has made such accusations before and is notorious for having sued hundreds of farmers for patent infringement.”
Even as the megacorporation enjoys soaring stock [http://www.thestreet.com/story/11169627/1/monsanto-ceo-grant-sees-rescue-in-latest-results.html?cm_ven=GOOGLEN], the U.S. justice department continues to look into allegations of its fraudulent antitrust practices (The Street, June 29, 2011):
Monsanto, which has acquired more than 20 of the nation’s biggest seed producers and sellers over the last decade, has long pursued a strict policy with its customers, obligating them to buy its bioengineered seeds every year rather than use them in multiple planting seasons. Farmers who disobey are blacklisted forever.
It’s a wide net Monsanto has cast over the agricultural landscape. As Ravicher points out, “it’s actually in Monsanto’s financial interest to eliminate organic seed so that they can have a total monopoly over our food supply.”
Imagine a world devoid of naturally vigorous traditional crops and controlled by a single business with a appetite for intellectual property. Did anyone else feel a cold wind pass through them? Now imagine a world where thousands of family farmers fight the good fight to continue giving consumers a choice in their food—and win.
2011-03-30 "Farmers and Seed Producers Launch Preemptive Strike against Monsanto" from "Cornucopia News" of the "Cornucopia Institute"
Lawsuit Filed To Protect Themselves from Unfair Patent Enforcement on Genetically Modified Seed
Action Would Prohibit Biotechnology Giant from Suing Organic Farmers and Seed Growers If Innocently Contaminated by Roundup Ready Genes
NEW York: On behalf of 60 family farmers, seed businesses and organic agricultural organizations, the Public Patent Foundation (PUBPAT) filed suit today against Monsanto Company challenging 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 their crops ever become contaminated by Monsanto’s genetically modified seed.
Monsanto has sued farmers in the United States and Canada, in the past, when their patented genetic material has inadvertently contaminated their crops.
A copy of the lawsuit can be found at:
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 or pollen should land on their property,” said Dan Ravicher, PUBPAT’s Executive Director. “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 can contaminate and destroy organic seed for the same crop. For example, soon after Monsanto introduced genetically modified seed for canola, organic canola became virtually impossible to grow as a result of contamination.
Organic corn, soybeans, cotton, sugar beets and alfalfa also face the same fate, as Monsanto has released genetically modified seed for each of those crops as well.
Monsanto is currently developing genetically modified seed for many other crops, thus putting the future of all food, and indeed all agriculture, at stake.
“Monsanto’s threats and abuse of family farmers stops here. Monsanto’s genetic contamination of organic seed and organic crops ends now,” stated Jim Gerritsen, a family farmer in Maine who raises organic seed and is President of lead plaintiff Organic Seed Growers and Trade Association. “Americans have the right to choice in the marketplace – to decide what kind of food they will feed their families.”
“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,” said Mark A. Kastel, Senior Farm Policy Analyst for The Cornucopia Institute, one of the plaintiffs. “Monsanto, and the biotechnology industry, have made great investments in our executive and legislative branches through campaign contributions and powerful lobbyists in Washington.”
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, the 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,” added Ravicher who is also a Lecturer of Law at Benjamin N. Cardozo School of Law in New York.
Ravicher continued, “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.
Dr. Carol Goland, Ph.D., Executive Director of plaintiff Ohio Ecological Food & Farm Association (OEFFA) said, “Consumers indicate, overwhelmingly, that they prefer foods made without genetically modified organisms. Organic farms, by regulation, may not use GMOs, while other farmers forego using them for other reasons. Yet the truth is that we are rapidly approaching the tipping point when we will be unable to avoid GMOs in our fields and on our plates. That is the inevitable consequence of releasing genetically engineered materials into the environment. To add injury to injury, Monsanto has a history of suing farmers whose fields have been contaminated by Monsanto’s GMOs. On behalf of farmers who must live under this cloud of uncertainty and risk, we are compelled to ask the Court to put an end to this unconscionable business practice.”
Rose Marie Burroughs of plaintiff California Cloverleaf Farms said, “The devastation caused by GMO contamination is an ecological catastrophe to our world equal to the fall out of nuclear radiation. Nature, farming and health are all being affected by GMO contamination. We must protect our world by protecting our most precious, sacred resource of seed sovereignty. People must have the right to the resources of the earth for our sustenance. We must have the freedom to farm that causes no harm to the environment or to other people. We must protect the environment, farmers’ livelihood, public health and people’s right to non GMO food contamination.”
Jim Gerritsen, a family farmer in Maine who raises organic seed and is President of lead plaintiff Organic Seed Growers and Trade Association based in Montrose, Colorado, said, “Today is Independence Day for America. Today we are seeking protection from the Court and putting Monsanto on notice. Monsanto’s threats and abuse of family farmers stops here. Monsanto’s genetic contamination of organic seed and organic crops ends now. Americans have the right to choice in the marketplace – to decide what kind of food they will feed their families
- and we are taking this action on their behalf to protect that right to choose. Organic farmers have the right to raise our organic crops for our families and our customers on our farms without the threat of invasion by Monsanto’s genetic contamination and without harassment by a reckless polluter. Beginning today, America asserts her right to justice and pure food.”
Ed Maltby, Executive Director of plaintiff Northeast Organic Dairy Producers Alliance (NODPA) said, “It’s outrageous that we find ourselves in a situation where the financial burden of GE contamination will fall on family farmers who have not asked for or contributed to the growth of GE crops. Family farmers will face contamination of their crops by GE seed which will threaten their ability to sell crops as organically certified or into the rapidly growing ‘Buy Local’ market where consumers have overwhelmingly declared they do not want any GE crops, and then family farmers may be faced by a lawsuit by Monsanto for patent infringement. We take this action to protect family farms who once again have to bear the consequences of irresponsible actions by Monsanto.”
David L. Rogers, Policy Advisor for plaintiff NOFA Vermont said, “Vermont’s farmers have worked hard to meet consumers’ growing demand for certified organic and non-GE food. It is of great concern to them that Monsanto’s continuing and irresponsible marketing of GE crops that contaminate non-GE plantings will increasingly place their local and regional markets at risk and threaten their livelihoods.”
Dewane Morgan of plaintiff Midheaven Farms in Park Rapids, Minnesota, said, “For organic certification, farmers are required to have a buffer zone around their perimeter fields. Crops harvested from this buffer zone are not eligible for certification due to potential drift from herbicide and fungicide drift. Buffer zones are useless against pollen drift. Organic, biodynamic, and conventional farmers who grow identity-preserved soybeans, wheat and open-pollinated corn often save seed for replanting the next year. It is illogical that these farmers are liable for cross-pollination contamination.”
Jill Davies, Director of plaintiff Sustainable Living Systems in Victor, Montana, said, “The building blocks of life are sacred and should be in the public domain. If scientists want to study and manipulate them for some supposed common good, fine. Then we must remove the profit motive. The private profit motive corrupts pure science and increasingly precludes democratic participation.”
David Murphy, founder and Executive Director of plaintiff Food Democracy Now! said, “None of Monsanto’s original promises regarding genetically modified seeds have come true after 15 years of wide adoption by commodity farmers. Rather than increased yields or less chemical usage, farmers are facing more crop diseases, an onslaught of herbicide-resistant superweeds, and increased costs from additional herbicide application. Even more appalling is the fact that Monsanto’s patented genes can blow onto another farmer’s fields and that farmer not only loses significant revenue in the market but is frequently exposed to legal action against them by Monsanto’s team of belligerent lawyers. Crop biotechnology has been a miserable failure economically and biologically and now threatens to undermine the basic freedoms that farmers and consumers have enjoyed in our constitutional democracy.”
Mark Kastel, Senior Farm Policy Analyst for plaintiff The Cornucopia Institute said, “We need the 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.”
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.
Daniel B. Ravicher
PUBLIC PATENT FOUNDATION
Benjamin N. Cardozo School of Law