In response to a motion filed by Monsanto in mid-July to have the case, OSGATA et al. v.Monsanto, dismissed, the plaintiffs filed a brief in federal court on August 11, 2022 defending their right to seek legal protection from the threat of being sued for patent infringement.
In support of the plantiffs’ right to bring the case, 12 agricultural organizations also filed a friend-of-the-court amici brief. In their brief, the amici describe some of the harmful effects of genetically modified seed and how easily GMOs can contaminate an organic or conventional farmer’s land.
“Rather than give a straight forward answer on whether they would sue our clients for patent infringement if they are ever contaminated by Monsanto’s transgenic seed, Monsanto has instead chosen to try to deny our clients the right to receive legal protection from the courts,” said Dan Ravicher, PUBPAT’s Executive Director. “Today’s filings include sworn statements by several of the plaintiffs themselves explaining to the court how the risk of contamination by transgenic seed is real and why they cannot trust Monsanto to not use an occurrence of contamination as a basis to accuse them of patent infringement.”
Monsanto has stated that they would not sue farmers who were “inadvertently” contaminated or farmers whose crops contain “trace amounts” of GMO, however they have refused to sign a simple covenant not to sue, that would bring an effective end to the lawsuit.