Family Farmers Mobilize in Ongoing Battle Against Monsanto

[JReed]

7. Monsanto's '435 patent

Monsanto's '435 patent: Now you see it, now you don't

by Robert Schubert
CropChoice editor

Patents are the cornerstone of the biotech revolution. Without them, there would be no profit or control. For years Monsanto, the St. Louis-based chemical and biotechnology corporation, has used the patents on its genetically engineered seed varieties as the legal basis for persecuting farmers.

But when Mississippi farmer Mitchell Scruggs recently questioned the validity of what is perhaps one of Monsanto's most valued patents in a lawsuit the company initiated, the presiding judge allowed it to remove the patent from the case. Monsanto wouldn't return calls or e-mails about this matter.

The '435 patent (No. 5,633,435) covers a gene that Monsanto engineered into canola, corn, cotton and soybeans. Armed with the gene, the crop plants are RoundUp Ready; they resist the glyphosate herbicide that Monsanto makes and markets as RoundUp. The technology allows farmers to spray RoundUp to kill weeds without harming the RoundUp Ready crops.

<snip>

"Monsanto has been hammering farmers with this RoundUp Ready patent since 1998," Robertson said. "We’ve seen some 20 suits Monsanto has filed, citing the 435 patent as Count One. For at least five years, Monsanto has used the 435 patent to force farmers into costly settlements, preliminary injunctions and a few big damage awards, plus Monsanto’s attorney’s fees...The practice was particularly pernicious because of a doctrine holding that a patent upheld in one case is evidence of its validity in the next. For example, in January 2001 in the Scruggs case, Monsanto presented the 435 patent in Count One. Its expert told the Court how wonderful it was. Scruggs had no patent lawyer and no expert and got killed with a preliminary injunction. Three months later, Monsanto got a preliminary injunction hearing in April 2001 in St. Louis against Homan McFarling http://www.cropchoice.com/leadstry.asp?recid=2540 >. Monsanto presented the 435 patent again, just like in Scruggs, but added 'Judge, this patent has been upheld in Scruggs case, and you should consider that as evidence of its validity here' and on and on. When a farmer finally has the wherewithal to stand up and fight, Monsanto moves heaven and earth to get its important ‘435 patent out of the line of fire."

http://www.cropchoice.com/leadstry2f5b.html?recid=2634