The appeals court in the Osgata matter held that Monsanto is legally bound not to sue farmers or sellers of seeds that are inadvertently contaminated with up to one percent of seeds carrying Monsanto’s patented traits.
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In a case of national prominence, farmers, seed selling businesses and agricultural organizations are fighting for their right to seek legal protection from accusations of patent infringement by the agri-giant Monsanto should they become contaminated by Monsanto’s GMO seed. Not a mere hypothetical disagreement. The OSGATA lawsuit against Monsanto moved forward, despite the lower court dismissal, as more scholars and organizations echo concerns over GMO contamination and onerous lawsuits. 
Organic and conventional family farmers, small and family-owned seed companies, and agricultural organizations recently filed an appeal in the case of OSGATA et al v. Monsanto, which was dismissed by a Federal Court in New York on February 24, 2012. 
The Federal District Court in New York dismissed the organic and conventional farmers’ complaint against Monsanto. But despite the legal loss, the lawsuit leaves a beneficial legacy. Monsanto’s stronghold over seed patents was reinforced recently when an appeals court affirmed a prior ruling against a farmer, this time for buying seeds as “commodity” seeds from a local grain elevator. 
Farmers and agricultural organizations demanded their right to be heard after Monsanto asked the court to dismiss the lawsuit challenging the company’s aggressive enforcement of genetically modified seed patents. Monsanto is forced to backtrack on a lawsuit alleging that two Erie area farmers saved patented seeds. We look at that and, also, the latest on Anonymous hacking attack against Monsanto “Society stands on the precipice of forever being bound to transgenic agriculture and transgenic food” reads the first sentence in the amended complaint filed by farmers, environmentalist, researchers and consumer groups against Monsanto. New plaintiffs strengthen the resolve to stand up to Big M. Lawsuit by organic groups asks Federal court to invalidate Monsanto’s patents and to end Monsanto’s practice of suing farmers over GMO contamination. |
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