SUPREME COURT DENIES FAMILY FARMERS THE RIGHT TO SELF DEFENSE FROM MONSANTO ABUSE

Washington, D.C. – January 13, 2014 - The U.S. Supreme Court today issued a decision in the landmark federal lawsuit, Organic Seed Growers and Trade Association et al v. Monsanto. Farmers were denied the right to argue their case in court and gain protection from potential abuse by the agrichemical and genetic engineering giant, Monsanto. Additionally, the high court decision dashes the hopes of family farmers who sought the opportunity to prove in court Monsanto’s genetically engineered seed patents are invalid.

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"While the Supreme Court's decision to not give organic and other non-GMO farmers the right to seek preemptive protection from Monsanto's patents at this time is disappointing, it should not be misinterpreted as meaning that Monsanto has the right to bring such suits,” said Daniel Ravicher, Executive Director of the Public Patent Foundation (PUBPAT) and lead counsel to the plaintiffs in OSGATA et al v. Monsanto. “Indeed, in light of the Court of Appeals decision, Monsanto may not sue any contaminated farmer for patent infringement if the level of contamination is less than one percent. For farmers contaminated by more than one percent, perhaps a day will come to address whether Monsanto's patents may be asserted against them. We are confident that if the courts ever hear such a case, they will rule for the non-GMO farmers."

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Farmers had sought Court protection under the Declaratory Judgment Act that should they become the innocent victims of contamination by Monsanto’s patented gene-splice technology they could not perversely be sued for patent infringement.

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“The Supreme Court failed to grasp the extreme predicament family farmers find themselves in,” said Maine organic seed farmer Jim Gerritsen, President of lead plaintiff OSGATA. “The Court of Appeals agreed our case had merit. However, the safeguards they ordered are insufficient to protect our farms and our families. This high court which gave corporations the ability to patent life forms in 1980, and under Citizens United in 2010 gave corporations the power to buy their way to election victories, has now in 2014 denied farmers the basic right of protecting themselves from the notorious patent bully Monsanto.”

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