Farmer’s Supreme Court Challenge Puts Monsanto Patents at Risk

Monsanto had filed more than 140 patent infringement lawsuits involving 410 farmers and 56 small farm businesses, and had so far received $23.67 million in recorded judgments.

Vernon Hugh Bowman, an Indiana farmer, is challenging Monsanto, the world’s largest seed company, over genetically modified crops.

NYTimes Excerpt -  ”With his mere 300 acres of soybeans, corn and wheat, Vernon Hugh Bowman said, “I’m not even big enough to be called a farmer.”

Yet the 75-year-old farmer from southwestern Indiana will face off Tuesday against the world’s largest seed company, Monsanto, in a Supreme Court case that could have a huge impact on the future of genetically modified crops, and also affect other fields from medical research to software.

At stake in Mr. Bowman’s case is whether patents on seeds — or other things that can self-replicate — extend beyond the first generation of the products.

It is one of two cases before the Supreme Court related to the patenting of living organisms, a practice that has helped give rise to the biotechnology industry but which critics have long considered immoral. The other case, involving a breast cancer risk test from Myriad Genetics, will determine whether human genes can be patented. It is scheduled to be heard April 15.

Monsanto says that a victory for Mr. Bowman would allow farmers to essentially save seeds from one year’s crop to plant the next year, eviscerating patent protection. In Mr. Bowman’s part of Indiana, it says, a single acre of soybeans can produce enough seeds to plant 26 acres the next year.

Such a ruling would “devastate innovation in biotechnology,” the company wrote in its brief. “Investors are unlikely to make such investments if they cannot prevent purchasers of living organisms containing their invention from using them to produce unlimited copies.” NYTimes

6 comments to Farmer’s Supreme Court Challenge Puts Monsanto Patents at Risk

  1. I am not so happy about this case- nor the fact the supreme court chose this, of all options, to hear. I will bet you this will be decided on very narrow grounds in Monsantos favor.

    I would much rather have seen one of the cases of the many farmers who never bought or used ANY Monsanto seed- but who were sued, and bankrupted by them, because their own seed had become contaminated by Monsanto genes – and hence, according to Monsanto- Monsanto now owned them.

    • I agree that of all the cases to make it this far, this case is really not the ideal one to expose Monsanto’s agenda and deeds. I mean, I’m glad that this is helping raise awareness somewhat but I don’t hold my breath thinking it will do much good in the long run.
      I’ve no doubt the outcome is already pre-determined and this ultimately amounts to nothing more than the court appearing to go through the motions and decide this without bias. I wish I wasn’t so jaded but…Monsanto’s track record – combined with their legislative & judicial connections make that impossible.

  2. george-b says:

    Reblogged this on euzicasa and commented:
    I have been trying to find out more about this, I am glad you brought it: To start with: There is no precedent in the history of humanity in a case where free people are made, during peace time slaves to a company (not in modern times at least). To be allowed to acquire patents on existing natural seeds and monopolize on that is insane. To pay an army of “private agents”, is even more incompatible with civilization. Shame on Monsanto!

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