News On
Organic Lawsuit Against Monsanto
Our lawsuit, known as
OSGATA et al vs. Monsanto, in which the organic community is
challenging Monsanto’s transgenic (GMO) patents, is awaiting airing of
the final arguments on Monsanto’s motion to dismiss.
We have amassed a plaintiff group of 83,
comprised of individual family farmers, independent seed companies and
agricultural organizations. The total
number of members among the co-plaintiffs within our plaintiff group
exceeds 270,000 and that includes several thousand certified organic
farmers.
Our legal team has presented to Federal
District Court Judge Buchwald in Manhatten a compelling legal brief
explaining why we deserve our day in court and why Monsanto must be
made to answer for their misuse of patents. Two
lawyers in Texas, representing twelve interested parties, has filed a
brilliant amicii brief on our behalf, urging that the case go forward. Read
that update with pertinent links to the briefs here.
In order to educate the public on our case, we
have prepared a concise summary, in layman’s terms, of the legal
arguments that we will employ in arguing our case before the court.
This summary follows below, as well as does a complete list of our
co-plaintiffs in this landmark and unprecedented challenge of
Monsanto’s transgenic patents. For
a PDF of two documents, please click here.
Please help spread the word.
We are engaging in this fight on your behalf
in order to assure that your right to freedom of choice and access to
real food not be extinguished. Thanks. Jim
ORGANIC
SEED GROWERS AND TRADE
ASSOCIATION
(OSGATA) V. MONSANTO
The
Lawsuit Challenging Patents on Transgenic Seed
ASSERTED
ARGUMENTS:
Monsanto’s
transgenic seed patents are INVALID
because
they fail to fulfill basic requirements needed to
obtain a patent.
The
patents fail to meet the UTILITY REQUIREMENT of
the U.S. Patent Act
because
transgenic seed is not socially useful.
In
addition, Monsanto seeds INCREASE the use of
herbicides.
(This
is the historical record.)
Monsanto
seeds DO NOT INCREASE yield
as
a study by the Union of Concerned Scientists has
shown.
Monsanto
seeds INCREASE costs to farmers
in
multiple ways; they are at best only a short-term
way to lower costs.
Monsanto
seeds have been linked to a variety of human
and animal illnesses.
(Studies
in several nations have shown this.)
Monsanto’s
transgenic seed patents CAN NOT BE INFRINGED
by plaintiffs under established court rulings needing to be more widely
recognized above the conventionally-utilized “strict liability”
standard.
If
they were, organic farmers would not be held to
have infringed patents on Monsanto’s seeds when their farms become
contaminated
through no fault of their own.
Monsanto’s
transgenic seed patents should be understood
to be UNENFORCEABLE under established court doctrine.
Monsanto
has MISUSED its patents on transgenic seed to
achieve and maintain
anti-competitive
and monopoly benefit.
Over
85% of all corn, soybeans, sugar beets, cotton
and canola grown in the U.S.A.
contain Monsanto-patented genes.
This
has diminished consumer choice and slowed
innovation.
Monsanto
uses ABUSIVE LITIGATION PRACTICES.
Monsanto
uses ANTI-COMPETITIVE LICENSING AGREEMENTS.
Any
contamination of the plaintiff’s land by Monsanto’s
seeds represents a trespass which wrongfully interferes with the
plaintiff’s
rights to possess, enjoy, and use their property.
Monsanto
should NOT BE ENTITLED TO ANY REMEDY against
contaminated plaintiffs under the established legal doctrine being
asserted.
Monsanto
suffers no loss or damages if Monsanto seeds
contaminate an organic or other nontransgenic farmer’s property; it is
the
farmer who is harmed.
Monsanto
should have no right to shut down or assume
rights to a farm contaminated by its seed, pollen, and genes.
THE
83
PLAINTIFFS TAKING ON MONSANTO ARE:
33 Farms
and Individual Farmers:
Alba
Ranch (Kansas);
Wild Plum Farm (Montana); Gratitude Gardens
(Washington);
Richard
Everett Farm, LLC (Nebraska);
Philadelphia Community Farm, Inc (Wisconsin);
Genesis
Farm (New Jersey); Chispas Farms LLC (New Mexico);
Kirschenmann
Family Farms Inc. (North Dakota);
Midheaven Farms (Minnesota);
Koskan
Farms (South Dakota); California Cloverleaf
Farms (California);
North
Outback Farm (North Dakota); Taylor
Farms, Inc. (Utah);
Jardin
del Alma (New Mexico); Ron Gargasz
Organic Farms (Pennsylvania);
Abundant
Acres (Missouri);
T & D Willey Farms (California);
Full Moon
Farm, Inc. (Vermont);
Common
Good Farm, LLC (Nebraska); American
Buffalo Company (Nebraska);
Radiance
Dairy (Iowa)
; Quinella Ranch (Saskatchewan);
Nature’s Way
Farm Ltd. (Alberta);
Levke
and Peter Eggers Farm (Alberta); Frey
Vineyards, Ltd.(California);
Bryce
Stephens (Kansas);
Chuck Noble (South Dakota); LaRhea
Pepper (Texas);
Paul
Romero (New Mexico); Brian Wickert (Wisconsin);
Bruce Drinkman (Wisconsin);
Murray Bast (Ontario);
and, Donald Wright Patterson, Jr. (Virginia)
14 Seed
Businesses and Companies:
FEDCO
Seeds Inc. (Maine); Adaptive Seeds,
LLC (Oregon);
Sow True Seed (North Carolina);
Southern
Exposure Seed Exchange
(Virginia); Mumm's Sprouting Seeds (Saskatchewan);
Baker
Creek Heirloom Seed Co.,
LLC (Missouri);Comstock, Ferre &
Co., LLC
(Connecticut);
Seedkeepers,
LLC (California); Siskiyou Seeds (Oregon);
Countryside Organics (Virginia);
Wild
Garden Seed (Oregon); Cuatro Puertas (New Mexico);
Seed We Need (Montana);
and,
Interlake Forage Seeds Ltd.
(Manitoba).
36
Agricultural Organizations:
(with
hundreds of thousands of
total members)
Organic
Seed Growers and Trade
Association (OSGATA);
Organic
Crop Improvement
Association International, Inc. (OCIA);
OCIA
Research and Education Inc.;
The
Cornucopia Institute;
Demeter
Association, Inc.;
Center
for Food Safety;
Beyond
Pesticides;
Navdanya
International;
Maine
Organic
Farmers and Gardeners Association;
Northeast
Organic Farming
Association of New York;
Northeast
Organic Farming
Association/Massachusetts Chapter;
Northeast
Organic Farming
Association of New Hampshire;
Northeast
Organic Farming
Association of Rhode Island;
Northeast
Organic Farming
Association of Connecticut;
Northeast
Organic Farming
Association of Vermont;
Rural Vermont;
Ohio
Ecological Food & Farm Association;
Florida
Certified Organic Growers and Consumers Inc.;
Southeast
Iowa
Organic Association;
Northern
Plains Sustainable
Agriculture Society;
Mendocino
Organic Network (California);
Northeast
Organic Dairy Producers
Alliance;
Midwest
Organic Dairy Producers Alliance;
Western
Organic Dairy Producers Alliance;
Canadian
Organic Growers;
Manitoba
Organic Alliance;
Peace
River Organic Producers
Association (Alberta and British Columbia);
Union
Paysanne (Quebec);
Family
Farmer Seed Cooperative;
Sustainable
Living Systems (Montana);
Global
Organic Alliance;
Food
Democracy Now!;
Family
Farm Defenders Inc.;
Farm-to-Consumer
Legal Defense
Fund;
Weston
A. Price Foundation;
The
Michael Fields Agricultural Institute
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