The US Circuit Court of Appeals this morning issued a victory to Monsanto, affirming the decision of a lower court that found organic growers could not seek to block Monsanto from suing for contamination of crops by patented varieties. The more than fifty organic farmers who had joined the suit worried that they could be sued by Monsanto if their organic varieties were contaminated by Monsanto’s patented varieties.
In making its ruling, the Court deferred to Monsanto’s assurances on its website that it would not do so. In its opinion, the Court wrote that “Monsanto’s binding representations remove any risk of suit against the appellants as users or sellers of trace amounts (less than 1 percent) of modified seed. The appellants have alleged no concrete plans or activities to use or sell greater than trace amounts of modified seed, and accordingly fail to show any risk of suit on that…
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