Michael White vs Monsanto

[mmonk]

15. .

In a June 2013 ruling, the US Court of Appeals for the Federal Circuit in Washington, DC said it was inevitable, as the farmers’ argued, that contamination from Monsanto’s products would occur. Yet the appeals panel also said the plaintiffs do not have standing to prohibit Monsanto from suing them should the company’s genetic traits end up on their holdings "because Monsanto has made binding assurances that it will not 'take legal action against growers whose crops might inadvertently contain traces of Monsanto biotech genes (because, for example, some transgenic seed or pollen blew onto the grower's land).'"

The panel’s reference to “traces” of Monsanto’s patented genes means farms that are affected by less than 1 percent.

The plaintiffs asked Monsanto to pledge not to sue, but the company rebuffed the request, saying, "A blanket covenant not to sue any present or future member of petitioners' organizations would enable virtually anyone to commit intentional infringement."