Winnipeg, Manitoba
December 11, 2007
The Federal Court of Canada has
issued a judgment against Mr. Paul Beneteau of Amherstburg,
Ontario for patent infringement pertaining to the Roundup Ready®
gene in soybeans.
In a judgment dated Nov. 27, 2007, the Honourable Mr. Chief
Justice Lutfy determined that Mr. Beneteau had infringed certain
claims of Monsanto's patent
by growing, harvesting and selling 55 acres of soybeans which he
"knew contained genes and cells as claimed in the said claims of
the Patent."
The Court has ordered Mr. Beneteau to pay damages to Monsanto
fixed at $8,800, which is an award to Monsanto of $160.00 per
acre on the 55 acres in question.
This judgment follows an earlier successful court judgment
against Mr. Eddie Wouters of Northspruce Farms Ltd. in which the
Court awarded Monsanto over $107,000 or $274.00 per acre on the
392 acres of Roundup Ready soybeans planted by Mr. Wouters
without Monsanto's permission.
"We have a duty to protect our intellectual property and keep
the playing field level for all growers who are purchasing
Monsanto patented technologies," said Trish Jordan, Monsanto
Canada spokesperson. "It is through the use of patents that we
recoup our research investments, which allows us to continue to
invest significant dollars in our research pipeline so that
Canadian corn, soybean and canola growers will continue to have
access to beneficial technologies in the future."
Monsanto originally filed a Statement of Claim in the Federal
Court of Canada, Trial Division, against Mr. Beneteau in the
fall of 2007 for allegedly planting, growing, harvesting and
selling harvesting Roundup Ready soybeans without a required
license. All these actions infringed upon Monsanto's patent
rights pertaining to the Roundup Ready gene and cell.
Samples of crops collected by Monsanto under a Court Order
confirmed the presence of the Roundup Ready trait in soybeans
planted on land that was owned, leased or under the control of
Mr. Beneteau. In addition to the monetary award, Mr. Beneteau is
prohibited from further planting, growing, cultivating,
harvesting, or selling any plants grown from Roundup Ready
soybean seed. He has also been ordered to deliver up all seeds
and plants in his possession which may contain the Roundup Ready
gene or cell.
Monsanto is committed to pursuing patent infringement actions
against other farmers who have planted Roundup Ready soybeans
without Monsanto's permission. In this regard, Monsanto is
currently pursuing litigation with three other parties in
Ontario related to patent infringement.
Roundup Ready® is a registered trademark of Monsanto
Technology LLC, Monsanto Canada Inc. licensee. |
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