13 Nov, 2017

Turning Friends into Foes: Legal Fallout from Monsanto’s Dicamba

2018-04-23T18:22:19-05:00November 13th, 2017|Biotechnology, Construction Contractor Advisor, Crop Damage Claims, Government Regulations, Midwest Agricultural Law|

Monsanto's dicamba has turned friendly neighbors into legal foes due to crops damaged by dicamba's inability to stay where it is supposed to be.   With the soybean harvest basically complete, we are seeing more and more claims filed and litigation initiated.  Farmers are calculating the effect that dicamba applied by a neighbor may have had on their fields. States like Arkansas, Minnesota, North and South Dakota, Tennessee and Indiana are [...]

18 May, 2013

Supreme Court Ruling Protects Monsanto’s Patent For Round Up Ready Seed

2018-04-23T18:22:21-05:00May 18th, 2013|Biotechnology, Construction Contractor Advisor, Midwest Agricultural Law|

Old US Supreme Court Chamber in Capital Bldg   The U.S. Supreme Court ruled an Indiana farmer violated Monsanto's patent when he planted soybeans containing Monsanto's patented Round-Up ready genetics without paying Monsanto for the seed.  The Court emphasized the ruling was limited to seeds, but the decision may affect self-replicating technology outside the ag world.   Indiana farmer, Vernon Bowman, purchased Round-Up Ready soybeans from Monsanto for his first crop of the season.  However, starting in 1999, [...]

10 Apr, 2012

Organic Farmers Appeal Monsanto’s Victory Regarding Patent Infringement Claims

2018-04-23T18:22:23-05:00April 10th, 2012|Biotechnology, Construction Contractor Advisor, Midwest Agricultural Law|

In mid-March I posted this blog summarizing Monsanto's victory over a group of farmers and producers.  The farmers were looking to prevent future patent infringment claims by Monsanto for inadvertent planting or harvesting seed contaminated by Monsanto's genetically modified seed.  The following telephone coversation occurred shortly after the judge ruled in Monsanto's favor:  Counsel for farmers: "Good afternoon, congratulations on obtaining the judgment in your favor, but surely you did not think we would [...]

15 Mar, 2012

Court Finds Monsanto Not Big Bad Wolf in Patent Infringement Claims

2018-04-23T18:22:23-05:00March 15th, 2012|Biotechnology, Construction Contractor Advisor, Midwest Agricultural Law|

We all know the story about the boy who cried wolf, and we all know the lesson learned in the story.  If not, shame on you and ask your kids.  A United States District Court recently found 62 farmer organizations and seed businesses were crying wolf in a recent lawsuit against Monsanto. The 62 organizations were organic and non-organic crop and seed producers who did not want to buy, plant, harvest, or sell patented and genetically [...]

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