July 18, 2012
Phone: 207. 429. 9765Send General Inquiries to:
P.O. Box 512
Montrose CO, 81402
Phone: 970. 275. 3409
"Monsanto continues to claim that Plaintiffs' concerns about being accused of patent infringement after being contaminated by Monsanto's transgenic seed are unsubstantiated and unjustified,"
"But now two impeccable groups have joined with plaintiffs in explaining to the Court of Appeals how real and legitimate their concerns really are, especially since Monsanto continues to refuse to simply promise never to sue contaminated farmers for patent infringement."
Professor Margo Bagley of the University of Virginia School of Law,Professor Michael Burstein of the Benjamin N. Cardozo School of Law,Professor Rochelle C. Dreyfuss of the New York University School of Law,Professor Brett Frischmann of the Benjamin N. Cardozo School of Law,Professor Erika George of University of Utah S.J. Quinney College of Law,Professor Shubha Ghosh of the University of Wisconsin Law School,Professor Megan M. La Belle of the Catholic University of America Columbus School of Law,Professor Kali Murray of Marquette University Law School,Professor Ted Sichelman of the University of San Diego School of Law,Katherine J. Strandburg of the New York University School of Law, andMelissa Wasserman of the University of Illinois College of Law.
"In actions challenging the validity of a patent, the alleged injury is not only the risk of an infringement suit, but a present restraint on economic activity due to the presence of a potentially invalid exclusive right."
"But the validity of issued patents is uncertain until they are tested in court. This uncertainty creates real and present risks for persons wishing to engage in economic activity that might be the subject of an issued patent....When a person is deterred from undertaking valuable activity by the risk that the activity may encroach on another's exclusive rights, that person has incurred an actual, concrete and particularized injury."
"An erroneous interpretation of law by a single judge is not going to cause our farmers to abandon our rights to farm the way we choose, to grow good food and good seed for our families and for our customers, free from Monsanto's trespass and contamination. Denial of the property rights of American farmers is an attack on the property rights of every American. We will fight until family farmers receive justice."
the Farm and Ranch Freedom Alliance,Biodynamic Farming and Gardening Association,Carolina Farm Stewardship Association,Food and Water Watch,International Organic Inspectors Association,Maine Alternative Agriculture Association,Michigan Land Trustees,Natural Environmental Ecological Management,Nebraska Sustainable Agriculture Society,Organic Consumers Association,Slow Food USA,Virginia Association for Biological Farming,Virginia Independent Consumers and Farmers Association, andWisconsin Natural Food Associates.
"The Plaintiff and Amici organizations, farmers, and seed businesses have suffered significant harm due to the threat of patent infringement suits by Monsanto."
"Defendants have chosen to patent products that, by their very nature, will inevitably end up on the private property of people who have no desire to use them. Plaintiffs' uncontroverted allegations show that, for the first time in history, they can be sued for something as natural as pollen drift, while simultaneously being forced to take expensive and burdensome steps in order to continue their normal businesses. The quandary of this type of liability is precisely the sort of situation that the Declaratory Judgment Act was intended to address."
"The Supreme court has stated that the plaintiff "need not 'bet the farm'" yet in this case, that is precisely what the district court effectively required Plaintiffs to do in order to get their day in court ~ continue farming the disputed crops until they are unquestionably liable to Defendants for potentially crippling levels of damage before being able to seek a declaratory judgment as to their rights...The district court noted that 'unlicensed ~ and unintented ~ use of transgenic seeds is inevitable...' but then failed to address the fact that such unlicensed use is actionable and places Plaintiffs at risk of enforcement actions by Defendants."
"It's time to end Monsanto's scorched-earth campaign of frivolous lawsuits against America's family farmers. Monsanto's claims against farmers for patent infringement are exceedingly weak, violating Americans' most basic sense of fairness and decency. Our Founding Fathers would be outraged."