Winnipeg, Manitoba, Canada
June 25, 2007
The Federal Court of Canada has
issued a judgment against Mr. Edward Wouters and Northspruce
Farms Ltd. of Forest, Ontario for patent infringement pertaining
to the Roundup Ready® gene in soybeans.
In a judgment dated June 14, 2007, the Honourable Mr. Justice
Barnes determined that Mr. Wouters and Northspruce Farmers Ltd.
infringed certain claims of Monsanto's patent by growing,
harvesting and selling 392 acres of soybeans which they "knew
contained genes and cells as claimed in the said claims of the
Patent."
The Court has awarded Monsanto $97,554.30. With additional pre-
and post-judgment interest, costs and disbursements, Mr. Wouters
and Northspruce Farms Ltd. have been ordered to pay
Monsanto over $107,418.65
or $274.03 per acre on the 392 acres in question.
"Monsanto is committed to protecting its intellectual property
and will continue to move forward with prosecution of cases in
which our patent rights are knowingly and deliberately
infringed," said Monsanto Canada spokesperson Trish Jordan.
Monsanto originally filed a Statement of Claim in the Federal
Court of Canada, Trial Division, against Mr. Wouters in the fall
of 2005 for allegedly planting, growing and harvesting Roundup
Ready soybeans without a required license; saving Roundup Ready
soybean seed from one year to the next for the purpose of
replanting a second, later generation crop; and selling the
harvested Roundup Ready soybean crop for profit. All these
actions infringe on Monsanto's patent rights pertaining to the
Roundup Ready gene in soybeans.
Samples collected in 2005 confirmed the presence of the Roundup
Ready trait in soybeans planted on Mr. Wouters' property and
Monsanto representatives communicated directly with Mr. Wouters
on several occasions in an attempt to settle this matter prior
to filing its claim in Federal Court.
In addition to the monetary award, Mr. Wouters and Northspruce
Farms Ltd. are prohibited from further planting, growing,
cultivating, harvesting, or selling any plants grown from
Roundup Ready soybean seed. Mr. Wouters has also been ordered to
deliver up all seeds and plants in his possession which may
contain Roundup Ready technology.
Other Statement of Claims filed by Monsanto Canada with the
Federal Court of Canada continue to proceed, including claims
for alleged patent infringement pertaining to the Roundup Ready
gene in soybeans against Mr. Charles Rivett of Cookstown,
Ontario; and Ron and Lawrence Janssens and Alan Kerkhof of
Wallaceburg, Ontario.
Roundup Ready® is a registered trademark of Monsanto
Technology LLC, Monsanto Canada Inc. licensee. |
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