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Monsanto Wins Pirated Seed Case Against Tennessee Grower (Wednesday, Jan. 1, 2003 -- CropChoice news) -- A grower from Western Tennessee has been found liable for patent
infringement and breach of contract recently for illegally saving,
replanting, and selling patented seed. U.S. District Court Judge, Rodney W.
Sippel, ruled that Kem Ralph and his farming partnership, Ralph Bros. Farms
was liable to Monsanto Company for $1,782,720.00 in damages for breach of
the Monsanto grower license agreement. The jury at Ralph's trial also
awarded Monsanto $803,000 in damages for patent infringement.
Monsanto anticipates that one or both verdicts will be increased because
Monsanto has the right to seek its attorneys' fees and costs. Additionally,
because Ralph's infringement was found to have been willful, the Court may
award Monsanto additional patent damages and has the right to treble the
damages. Though two sets of damages have been awarded, Monsanto is only
entitled to one set of damages and must elect between two sets of damages
once the judge has determined the actual final damages.
Ralph, who farms about 2500 acres in Tipton, Shelby, and Haywood Counties in
Tennessee, was found to have saved and replanted Roundup Ready soybean seed
and cotton seed containing Bollgard and Roundup Ready technologies in 1999
and 2000. These technologies were licensed to or invented and patented by
Monsanto, and are sold in more than 200 soybean seed brands nationwide.
Licensed growers are authorized to use the seed for one commercial crop.
Ralph had previously been sanctioned by the Court for having obstructed the
pre-trial information collecting process. In that ruling, Judge Sippel said
this case was "about the fundamental deception of the defendants at every
opportunity."
"The integrity of this Court and our judicial system, which is so important
to each of us that we fight for it in so many ways, some every day, has been
undermined by almost every aspect of the Ralph Brothers conduct in the
case," said the Judge in his order.
Scott Baucum, Trait Stewardship Lead for Monsanto, said this case is about
protecting the system that encourages innovation and ensures that the vast
majority of growers who abide by the terms of their contracts will not be at
a competitive disadvantage to those who violate the law. Baucum said that in
fairness to the tens of thousands of U.S. soybean and cotton growers who are
licensed users of Monsanto's Roundup Ready and Bollgard technologies and who
are abiding by their grower licensing agreements, Monsanto felt it was
necessary to take action against Ralph in order to maintain the integrity of
its seed licensing program.
"We recognize that growers have many options and seed varieties to choose
from," said Baucum. "We value the customers that have selected our products,
and believe it's our obligation to maintain the integrity of the seed
licensing process when growers choose to plant varieties which contain our
patented technology."
Monsanto Company (NYSE: MON) is a leading global provider of
technology-based solutions and agricultural products that improve farm
productivity and food quality. For more information on Monsanto, see:
http://www.monsanto.com
Source: Monsanto | |
