Appeals Court Upholds Monsanto Win
Over Genetically-Modified Canola

  September 6th, 2002:- Dow Jones Business News

Percy Schmeiser:-
"violated the patent held by Monsanto Co on herbicide-resistant canola"

Dow Jones Business News
Court Upholds Monsanto Win Over Genetically-Modified Canola
Friday September 6, 12:27 pm ET

SASKATOON, Saskatchewan (AP)--A federal appeals court has upheld a lower court ruling that Saskatchewan farmer Percy Schmeiser violated the patent held by Monsanto Co. (NYSE:MON - News) on herbicide-resistant canola.

Monsanto, a U.S. agriculture products company, sued Schmeiser for growing its Roundup Ready canola without the company's permission.

Schmeiser, of Bruno, Saskatchewan, was ordered last year to pay C$19,000 (US$ 12,450) in damages and Monsanto's court costs of C$153,000 (US$100,000).

Schmeiser had argued the herbicide-resistant canola seed arrived in his field by accident, either from blowing off a passing truck or by cross-pollination. The lower court judge rejected his explanation, saying it was more likely Schmeiser planted the seed himself.

On Thursday, the three-judge appeals court panel unanimously ruled in Monsanto's favor, dismissing all of Schmeiser's 17 points of contention. The panel also rejected Monsanto's request for an increase in the damage award.

Schmeiser was not available for comment but his lawyer, Terry Zakreski, said the farmer was disappointed and that a Supreme Court appeal was possible.

Despite his loss in court, Schmeiser, 71, has become a regular speaker at events opposing genetically modified foods and their use in agriculture, traveling as far as Australia to tell his story.

Adapted from: Reuter Company News by Kanina Holmes
WINNIPEG, Manitoba, May 15 2002
  Posted May 17th, by Roger Lovejoy