Organic Farmers Seek to Invalidate Monsanto’s Genetically-Modified Seed Patents

The Public Patent Foundation has filed suit in federal court in the Southern District of New York seeking to invalidate, on antitrust and other grounds, more than twenty Monsanto Company patents involving genetically- modified seed.  The suit was filed on behalf of numerous organic farmers, seed businesses, and agricultural groups that do not want to use genetically modified, or transgenic, seed.  In addition to contending that Monsanto’s patents are invalid, the complaint asserts that Monsanto’s patents are unenforceable because the company misused them to achieve an anti-competitive benefit.  Through its patents and acquisitions, the complaint alleges Monsanto has achieved control of the seed market “so high that over 85 to 90 percent of all soybeans, corn, cotton, sugar beets and canola grown in the U.S. contains Monsanto’s patented genes.”  The suit also seeks to protect the plaintiffs against potential lawsuits by Monsanto when their property is inadvertently contaminated by Monsanto’s transgenic seed.

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