Re:Not "illegal" (Score 1)

The Canadian government has put together committees to look at these types of problems and (lack of) laws. Here's the Canadian Biotechnology Advisory Committee's latest report in this area, directed to the section on Farmers' Privilege.

CBAC Patenting Higher Life Forms

Unfortunately, patenting laws need to be enacted by the government...not the courts. So until the government gets its act in gear and picks one way or the other for sure as to how they want to run it, we'll have courts ruling on out-dated patent law.