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Comment: Some choice quotes from the actual decision (Score 4, Informative) 599

by Nagash (#9223406) Attached to: Monsanto Wins Case Over Patented Canola
Some quotes from the actual decision:
  • Schmeiser never purchased Roundup Ready Canola nor did he obtain a licence to plant it. Yet, in 1998, tests revealed that 95 to 98 percent of his 1,000 acres of canola crop was made up of Roundup Ready plants. The origin of the plants is unclear. (from The Salient Facts, paragraph 6)
  • The trial judge found that "none of the suggested sources [proposed by Schmeiser] could reasonably explain the concentration or extent of Roundup Ready canola of a commercial quality" ultimately present in Schmeiser's crop (Mosanto Canada Inc. v. Schmeiser (2001), 202 F.T.R. 78, at para. 118). (further along in the same paragraph)
  • Tests of their 1998 canola crop revealed that 95-98 per cent was Roundup Ready Canola. The respondents brought an action against the appellants for patent infringement. The trial judge found the patent to be valid and allowed the action, concluding that the appellants knew or ought to have known that they saved and planted seed containing the patented gene and cell and that they sold the resulting crop also containing the patented gene and cell. (from the beginning of the decision)
  • In reaching this conclusion, we emphasize from the outset that we are not concerned here with the innocent discovery by farmers of "blow-by" patented plants on their land or in their cultivated fields. Nor are we concerned with the scope of the respondents' patent or the wisdom and social utility of the genetic modification of genes and cells - a practice authorized by Parliament under the Patent Act and its regulations. (from Introduction, paragraph 2)


The write-up is inflammatoy and flat-out wrong. Whether you are for or against genetically engineered/modifed foods, please get the facts right and don't mislead people about a very important legal decision.

Woz

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