Monsanto Canada today welcomed the decision of the Supreme Court of Canada in ruling that the subject
matter claimed within its patent for Roundup Ready(R) canola falls within the Patent Act and that Mr. Percy Schmeiser and Schmeiser Enterprises Ltd. of Bruno, Saskatchewan infringed that patent.

"We are gratified the Supreme Court of Canada found that Monsanto's patent pertaining to the Roundup Ready gene is valid and enforceable," said Carl Casale, executive vice-president, Monsanto Company. "The Supreme Court has set a world standard in intellectual property protection and this ruling maintains Canada as an attractive investment opportunity. Patent protection encourages innovations that will lead to the next generation of value-added products for Canadian farmers."

Monsanto originally pursued this case in the Federal Court of Canada because Mr. Schmeiser knowingly infringed Monsanto's patents on Roundup Ready technology by planting 1,030 acres of Roundup Ready canola without paying the required license fee for using the technology. After reviewing all the evidence, Justice Andrew MacKay of the Federal Court of Canada did not find Mr. Schmeiser's explanation of the events credible and held him liable for infringing Monsanto's patent.

"More than 30,000 Canadian farmers have chosen our technology because of the economic and environmental benefits it brings," said Casale. "We believe the Supreme Court of Canada decision is good news for farmers and Canadians, all of who benefit from the innovative work that is going on across the country to produce more abundant, high quality food."

As a result of his infringement, Mr. Schmeiser will be required to comply with several remedies awarded by the Courts, including: (1) an injunction against Mr. Schmeiser and employees of Schmeiser Enterprises that prohibits planting, growing, cultivating, harvesting, selling, marketing or distributing the patented technology in the future; (2) an order to deliver to Monsanto any seed in Mr. Schmeiser's possession known to contain the Roundup Ready gene. However, the Supreme Court determined there was insufficient evidence that Mr. Schmeiser intentionally made use of the benefits provided by Monsanto's technology by spraying his crop with Roundup. Therefore, the Court has decided that both sides will be responsible for absorbing their own costs.

The Supreme Court of Canada decision exhausts all legal avenues available to Mr. Schmeiser as it relates to the March 29, 2001 judgment rendered by Justice Andrew MacKay of the Federal Court of Canada.

Monsanto Canada, based in Winnipeg, Manitoba, is a leading provider of technology-based solutions and agricultural products that improve productivity.