WASHINGTON, ME - On November 21, 2012, the Court of Appeals for the Federal Circuit in Washington, D.C., announced that it would hear the Appeal of Dismissal in Organic Seed Growers and Trade Association et al v. Monsanto at 10am on Thursday, January 10, 2013. The landmark organic community lawsuit was originally filed in Federal District Court, Southern District of New York, in March 2011.
OSGATA et al v. Monsanto challenges the validity of Monsanto's transgenic seed patents and seeks preemptive court protection for farmers when Monsanto seed trespasses onto their farms and contaminates their crops. Should contamination occur, innocent farmers would be placed in legal jeopardy and could be held liable by Monsanto for patent infringement because of the farmers' "possession" of Monsanto technology without having paid royalty on that "possession."
Plaintiffs are being represented in the case by lawyers from the Public Patent Foundation, who are providing their legal services to the farmers pro bono. Plaintiff lawyer Dan Ravicher asked Monsanto for a binding legal covenant guaranteeing family farmers that they would not be pursued for patent infringement should they become contaminated by Monsanto seed. Monsanto refused to provide this assurance to the farmers.
The farmers' Appeal brief, filed last summer, cites legal and factual errors by Federal District Court Judge Naomi Buchwald which in toto caused her to erroneously conclude that the farmers lacked standing under the Declaratory Judgment Act to seek court protection. In addition, two powerful Amicii briefs were filed in support of the farmers' position - one by a group of eleven law professors and another by a group of fourteen non-profit agricultural and consumer organizations. These briefs will be studied by the three judge Appellate panel during their deliberations.
"American family farmers have gone to court seeking justice and protection from Monsanto. We are not seeking one penny from Monsanto," said Maine organic seed farmer Jim Gerritsen, President of lead Plaintiff Organic Seed Growers and Trade Association. "We satisfy the requirements of the Declaratory Judgment Act. We want our day in court so that our families can achieve protection from this perverse injustice. We are prepared to prove at trial that the U.S. Patent Office improperly granted Monsanto patents on their genetically engineered seed and that those patents are invalid."