Several organic growers and pure-foods groups, with the help of New York-based Public Patent Foundation Inc., filed an appeal in the U.S. Court of Appeals March 28 challenging a February decision that dismissed their lawsuit brought against Creve Coeur-based seed-giant Monsanto Co. (NYSE: MON).
Mansfield-based Baker Creek Heirloom Seeds is among 83 food organizations that filed the appeal. In the initial case filed in March 2011, Baker Creek was was among the plaintiffs that included 36 agriculture and food safety membership organizations, 14 seed businesses and 33 primarily organic farms and farmers from across the country.
The suit sought to challenge Monsanto’s 23 patents related to its genetically modified products and protect the rights of organic growers who have grown concerned about cross-pollination of Monsanto’s seed with their crops.
Between 1997 and April 2010, Monsanto filed 144 lawsuits to enforce their patent rights against farmers, according to court records. Monsanto – a company that posted 2011 revenues of $11.8 billion and operates in 66 countries – is known for its genetically modified Roundup Ready herbicides and resistant seeds.
Federal Judge Naomi Buchwald ruled Monsanto had not bullied organic farmers in the past, and there was no basis to invalidate its patents. The plaintiffs disagreed.
“Farmers have the right to protect themselves from being falsely accused of patent infringement by Monsanto before they are contaminated by Monsanto’s transgenic seed,” said Dan Ravicher, executive director of PubPat, a nonprofit legal services organization that represents the plaintiffs, in a March 28 news release. “Judge Buchwald erred by denying plaintiffs that right, and they have now initiated the process of having her decision reversed.”
Janice Person, a spokeswoman for Monsanto, told Springfield Business Journal the company is prepared to fight the appeal.
“We remain confident about our legal and practical stance,” Person said in an e-mail.
Following the ruling, David Snively, Monsanto’s executive vice president, secretary and general counsel, said the company was pleased with the federal judge's decision.
“This decision is a win for all farmers as it underscores that agricultural practices such as ag biotechnology, organic and conventional systems do and will continue to effectively coexist in the agricultural marketplace,” Snively said in an issued statement.
Last month, Jere Gettle, owner of Baker Creek Heirloom Seeds, said he would support an appeal. Gettle said he has lost about half of his 25 varieties of corn to contamination during the last couple of years, and with the widespread use of Monsanto herbicide resistant seeds, he fears his company will only lose more heirloom seeds to future natural cross-pollination.
As of April 3, no hearing date had been set in the federal circuit of the U.S. Court of Appeals.
