The battle against Monsanto Company is gaining new ground, as the Supreme Court announced Friday that it would take a suit against the agro-giant this winter. The court will review an appeal brought by Indiana farmer Vernon Bowman, who Monsanto claims infringed on its patent rights by reusing its herbicide-tolerant seeds. The landmark case could have enormous repercussions for GMO patent laws and big agribusiness–and possibly deal a huge blow to the chemical behemoth.
Bowman, a 74-year-old soybean farmer who bought cheap soybeans from a grain elevator from 1999 to 2007, challenged Monsanto’s licensing agreements on their genetically modified Roundup Ready seeds, which are resistant to the company’s Roundup herbicide. Farmers are legally contracted to buy a new crop of seeds every year—a practice that keeps Monsanto in business.
The case is moving up from the U.S. Federal Court of Appeals, which ruled against Bowman over a year ago. Monsanto won against the 74-year-old soybean farmer, who claimed as defense that the company had “exhausted” its patent rights when he bought the seed. Bowman was fined $84,456 in damages to Monsanto. While there are actually no restrictions on re-selling seeds to grain elevators as a commodity, it is forbidden to “create newly infringing genetic material, seeds and plants,” in the words of the Court of Appeals.
Bowman, unlike many of the small organic farmers resisting Monsanto’s GMO seed use, was actually using the Roundup technology. He bought second-generation grain elevator seeds for his second planting of the season. He then applied glyphosate, the potent chemical in Roundup, to his crops to see which seeds were still resistant to the herbicide. Then he saved these seeds for the next year, essentially circumventing Monsanto’s patent restrictions. Bowman claimed that Monsanto does not have rights over the seeds after they have been sold, and that he bought the Roundup Ready soybeans among an undifferentiated mix of other seeds.
Mark Walters, a lawyer for Bowman, told Reuters that the court’s decision conflicts with “over a century of Supreme Court law on patent exhaustion.”
Monsanto has carried out one of the most aggressive patent assertion campaigns in history, said Dan Ravicher, Executive Director of the Public Patent Foundation, in a press release. If the Supreme Court overturns the ruling, farmers will be able to buy second-generation seeds like these for a fraction of the price they pay for new seeds each year. And in a country where being a large-scale farmer is only getting more difficult and less lucrative, this could be a huge boon.
The seed and pesticide company, which made $13.5 billion last year in annual revenue, has a long history of dubious practices, which we’ve covered in depth. From Agent Orange to DDT to carcinogenic PCBs, Monsanto has been heralded as the evilest of evil corporations. With this upcoming case, the Supreme Court will have to weigh in on a farmer’s right to…well, plant.
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I’m hoping the farmer wins, but we have to admit that the Conservative Supremes on the Court are in bed with big business, so I can pretty much predict that Monsanto will win in a 5-4 decision……..God help us all………..
Just praying that VERNON wins!!! Not easy, with all the money Monsanto has behind it! Please correct me if I’m wrong, but, wasn’t the movie – FOOD,INC. – extremely harsh, and amazingly frank about the disgusting business practices of Monsanto? If, I’m wrong, please, someone, reply and tell me which movie it was! I would love to re-watch it!! It’s very disturbing, but, I need a re-fresh! Thanks ahead! Kat
I hjope Vernon wins, but Monsanto has very deep pockets. , But
Monsanto is in trouble in Russia and may face problems a ban in Europe after a french cancer study linking Monsanto maize to cancer
Hopefully Vernon wins… this is a HUGE case with massive implications. Unfortunately Clarence Thomas is a former lawyer for MONSANTO!!
[...] about the Supreme Court planning to hear the Monsanto case. This is probably designed so that people can stop challenging the company about their oppressive [...]
Clarence Thomas should recuse himself, but that won’t happen. And Justice Sotomayor also sided with agribiz in a case before she was appointed to the Supreme Court…sigh.. we must educate and fight the good fight to restore the balance in our supply!
I hope he winns but I am still against using these GMO seeds at all. Even second generation ones.
It’s organic, non gmo all the way for me. but anything that goes against Monsanto is a step in the right direction.
Clarence Thomas needs to declare a conflict of interest and not be part of the deciding vote.
I think all the patents should be revoked. You cannot patent life. In any form. No plant seeds, No body parts. I don’t know how this has gone this far. I would like to be outside the court house supporting this farmer.
Go Vernon!
I don’t get it. Who would want GMO seeds? The majority of people – those who know about GMO’s – do not want to eat GMO crops or animals that have been fed GMO crops. There is ample independent research now that shows how dangerous GMO seeds are – to our health, to the environment, to animals. If anything, I would hope a win by the farmer would destroy Monsanto’s profit motive of patenting these seeds and trying to take over our food industry using GMO patents.
…speaking that one of the justice’s on the Supreme Court is a former Monsanto employee, not sure how this will pan out…. definitely have my doubts, but rooting for the farmer!
For one thing: there is no reason whatsoever to eat soy. That soy (non-fermented) is even a food is one of the biggest scams of all time, right up there with ethanol. That said, we hope that the SC will rule for the people, but I predict a 7-2 victory for Monsanto. This country is run by the big corps, big pharma, wall street, all their lobbyists, all their cronies in positions of unethical power in the Fed Govt, and the crooked politicians. There is no way the people will be able to prevail in this, no matter what the precedents have been in the past.
DO NOT KID YOURSELF. MONSANTO IS GONE, COMPLETLY DESTROYED. THE BIGGER THEY ARE THE HARDER THEY FALL. THEY ARE AN UNGODLY COMPANY IN EVERY WAY. IMAGINE BEING SO FULL OF THEMSELVES THAT THEY TRY TO PATENT WHAT GOD CREATED, SEEDS, PLANTS, ANIMALS, ETC. THEIR CRACKPOT NONSENCE SHOWS WHAT FOOLS THEY REALLY ARE. THESE PUNEY LITTLE GREEDY PIPSQUEEKS WILL BE IN HELL FOR ALL ETERNITY. GOD WILL NOT BE MOCKED. THY WILL BE DONE NOW AND FOREVER.