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
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.
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
SEED GROWERS AND TRADE
(OSGATA) V. MONSANTO
Lawsuit Challenging Patents on Transgenic Seed
transgenic seed patents are INVALID
they fail to fulfill basic requirements needed to
obtain a patent.
patents fail to meet the UTILITY REQUIREMENT of
the U.S. Patent Act
transgenic seed is not socially useful.
addition, Monsanto seeds INCREASE the use of
is the historical record.)
seeds DO NOT INCREASE yield
a study by the Union of Concerned Scientists has
seeds INCREASE costs to farmers
multiple ways; they are at best only a short-term
way to lower costs.
seeds have been linked to a variety of human
and animal illnesses.
in several nations have shown this.)
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”
they were, organic farmers would not be held to
have infringed patents on Monsanto’s seeds when their farms become
through no fault of their own.
transgenic seed patents should be understood
to be UNENFORCEABLE under established court doctrine.
has MISUSED its patents on transgenic seed to
achieve and maintain
and monopoly benefit.
85% of all corn, soybeans, sugar beets, cotton
and canola grown in the U.S.A.
contain Monsanto-patented genes.
has diminished consumer choice and slowed
uses ABUSIVE LITIGATION PRACTICES.
uses ANTI-COMPETITIVE LICENSING AGREEMENTS.
contamination of the plaintiff’s land by Monsanto’s
seeds represents a trespass which wrongfully interferes with the
rights to possess, enjoy, and use their property.
should NOT BE ENTITLED TO ANY REMEDY against
contaminated plaintiffs under the established legal doctrine being
suffers no loss or damages if Monsanto seeds
contaminate an organic or other nontransgenic farmer’s property; it is
farmer who is harmed.
should have no right to shut down or assume
rights to a farm contaminated by its seed, pollen, and genes.
PLAINTIFFS TAKING ON MONSANTO ARE:
and Individual Farmers:
Wild Plum Farm (Montana); Gratitude Gardens
Everett Farm, LLC (Nebraska);
Philadelphia Community Farm, Inc (Wisconsin);
Farm (New Jersey); Chispas Farms LLC (New Mexico);
Family Farms Inc. (North Dakota);
Midheaven Farms (Minnesota);
Farms (South Dakota); California Cloverleaf
Outback Farm (North Dakota); Taylor
Farms, Inc. (Utah);
del Alma (New Mexico); Ron Gargasz
Organic Farms (Pennsylvania);
T & D Willey Farms (California);
Farm, Inc. (Vermont);
Good Farm, LLC (Nebraska); American
Buffalo Company (Nebraska);
; Quinella Ranch (Saskatchewan);
Farm Ltd. (Alberta);
and Peter Eggers Farm (Alberta); Frey
Chuck Noble (South Dakota); LaRhea
Romero (New Mexico); Brian Wickert (Wisconsin);
Bruce Drinkman (Wisconsin);
Murray Bast (Ontario);
and, Donald Wright Patterson, Jr. (Virginia)
Businesses and Companies:
Seeds Inc. (Maine); Adaptive Seeds,
Sow True Seed (North Carolina);
Exposure Seed Exchange
(Virginia); Mumm's Sprouting Seeds (Saskatchewan);
Creek Heirloom Seed Co.,
LLC (Missouri);Comstock, Ferre &
LLC (California); Siskiyou Seeds (Oregon);
Countryside Organics (Virginia);
Garden Seed (Oregon); Cuatro Puertas (New Mexico);
Seed We Need (Montana);
Interlake Forage Seeds Ltd.
hundreds of thousands of
Seed Growers and Trade
Association International, Inc. (OCIA);
Research and Education Inc.;
for Food Safety;
Farmers and Gardeners Association;
Association of New York;
Association of New Hampshire;
Association of Rhode Island;
Association of Connecticut;
Association of Vermont;
Ecological Food & Farm Association;
Certified Organic Growers and Consumers Inc.;
Organic Network (California);
Organic Dairy Producers
Organic Dairy Producers Alliance;
Organic Dairy Producers Alliance;
River Organic Producers
Association (Alberta and British Columbia);
Farmer Seed Cooperative;
Living Systems (Montana);
Farm Defenders Inc.;
A. Price Foundation;
Michael Fields Agricultural Institute