High-stakes fight over genetically engineered seeds at high court
WASHINGTON (AP) - Vernon Hugh Bowman seems comfortable with the old way of doing things, right down to the rotary-dial telephone he said he was using in a conference call with reporters.
But the 75-year-old Indiana farmer figured out a way to benefit from a high-technology product - soybeans that are resistant to weed-killers - without always paying the high price that such genetically engineered seeds typically bring. In so doing, he ignited a legal fight with seed-giant Monsanto Co. that has now come before the Supreme Court, with arguments taking place Tuesday.
The court case poses the question of whether Bowman's actions violated the patent rights held by Monsanto, which developed soybean and other seeds that survive when farmers spray their fields with the company's Roundup brand weed-killer. The seeds dominate American agriculture, including in Indiana, where more than 90 percent of soybeans are "Roundup Ready."
Monsanto has attracted a bushel of researchers, universities and other agribusiness concerns to its side because they fear a decision in favor of Bowman would leave their own technological innovations open to poaching. The company's allies even include a company that is embroiled in a separate legal battle with Monsanto over one of the patents at issue in the Bowman case.
The Obama administration also backs Monsanto, having earlier urged the court to stay out of the case because of the potential for far-reaching implications for patents involving DNA molecules, nanotechnologies and other self-replicating technologies.
Monsanto's opponents argue that the company has tried to use patent law to control the supply of seeds for soybeans, corn, cotton, canola, sugar beets and alfalfa. The result has been a dramatic rise in seed prices and reduced options for farmers, according to the Center for Food Safety. The group opposes the spread of genetically engineered crops and says their benefits have been grossly overstated.
"It has become extremely difficult for farmers to find high-quality conventional seeds," said Bill Freese, the center's science policy analyst.
Consumer groups and organic food producers have fought Monsanto over genetically engineered farm and food issues in several settings. They lost a campaign in California last year to require labels on most genetically engineered processed foods and produce. Monsanto and other food and chemical companies spent more than $40 million to defeat the ballot measure.
Monsanto says the success of its seeds is proof of their value. By and large, "farmers appreciate what we do," David Snively, Monsanto's top lawyer, said in an interview with The Associated Press.
Herbicide-resistant soybean seeds first hit the market in 1996. To protect its investment in their development, Monsanto has a policy that prohibits farmers from saving or reusing the seeds once the crop is grown. Farmers must buy new seeds every year.
Like almost every other farmer in Indiana. Bowman used the patented seeds for his main crop. But for a risky, late-season crop on his 300 acres in Sandborn, about 100 miles southwest of Indianapolis, Bowman said, "I wanted a cheap source of seed."
He couldn't reuse his own beans or buy seeds from other farmers who had similar agreements with Monsanto and other companies licensed to sell genetically engineered seeds. And dealers he used to buy cheap seed from no longer carry the unmodified seeds.
So Bowman found what looked like a loophole and went to a grain elevator that held soybeans it typically sells for feed, milling and other uses, but not as seed.
Bowman reasoned that most of those soybeans also would be resistant to weed killers, as they initially came from herbicide-resistant seeds too. He was right, and he repeated the practice over eight years.
He didn't try to keep it a secret from Monsanto, and in October 2007 the company sued him for violating its patent. Bowman's is one of 146 lawsuits Monsanto has filed since 1996 claiming unauthorized use of its Roundup Ready seeds, Snively said.
A federal court in Indiana sided with Monsanto and awarded the company $84,456 for Bowman's unlicensed use of Monsanto's technology. The federal appeals court in Washington that handles all appeals in patent cases upheld the award. The appeals court said farmers may never replant Roundup Ready seeds without running afoul of Monsanto's patents.
The Supreme Court will grapple with the limit of Monsanto's patent rights, whether they stop with the sale of the first crop of beans or extend to each new crop soybean farmers grow that has the gene modification that allows it to withstand the application of weed killer.
The company sees Bowman's actions as a threat both to its Roundup Ready line of seeds and to other innovations that could be easily and cheaply reproduced if they were not protected.
"This case really is about 21st century technologies," Snively said.
Bowman and his allies say Monsanto's legal claims amount to an effort to bully farmers.
The Center for Food Safety's Freese says Monsanto's biggest moneymaker is corn seed, which cannot be replanted.
"So seed-saving would have no impact on the majority of Monsanto's seed revenue," he said.
The case is Bowman v. Monsanto Co., 11-796.
But the 75-year-old Indiana farmer figured out a way to benefit from a high-technology product - soybeans that are resistant to weed-killers - without always paying the high price that such genetically engineered seeds typically bring. In so doing, he ignited a legal fight with seed-giant Monsanto Co. that has now come before the Supreme Court, with arguments taking place Tuesday.
The court case poses the question of whether Bowman's actions violated the patent rights held by Monsanto, which developed soybean and other seeds that survive when farmers spray their fields with the company's Roundup brand weed-killer. The seeds dominate American agriculture, including in Indiana, where more than 90 percent of soybeans are "Roundup Ready."
Monsanto has attracted a bushel of researchers, universities and other agribusiness concerns to its side because they fear a decision in favor of Bowman would leave their own technological innovations open to poaching. The company's allies even include a company that is embroiled in a separate legal battle with Monsanto over one of the patents at issue in the Bowman case.
The Obama administration also backs Monsanto, having earlier urged the court to stay out of the case because of the potential for far-reaching implications for patents involving DNA molecules, nanotechnologies and other self-replicating technologies.
Monsanto's opponents argue that the company has tried to use patent law to control the supply of seeds for soybeans, corn, cotton, canola, sugar beets and alfalfa. The result has been a dramatic rise in seed prices and reduced options for farmers, according to the Center for Food Safety. The group opposes the spread of genetically engineered crops and says their benefits have been grossly overstated.
"It has become extremely difficult for farmers to find high-quality conventional seeds," said Bill Freese, the center's science policy analyst.
Consumer groups and organic food producers have fought Monsanto over genetically engineered farm and food issues in several settings. They lost a campaign in California last year to require labels on most genetically engineered processed foods and produce. Monsanto and other food and chemical companies spent more than $40 million to defeat the ballot measure.
Monsanto says the success of its seeds is proof of their value. By and large, "farmers appreciate what we do," David Snively, Monsanto's top lawyer, said in an interview with The Associated Press.
Herbicide-resistant soybean seeds first hit the market in 1996. To protect its investment in their development, Monsanto has a policy that prohibits farmers from saving or reusing the seeds once the crop is grown. Farmers must buy new seeds every year.
Like almost every other farmer in Indiana. Bowman used the patented seeds for his main crop. But for a risky, late-season crop on his 300 acres in Sandborn, about 100 miles southwest of Indianapolis, Bowman said, "I wanted a cheap source of seed."
He couldn't reuse his own beans or buy seeds from other farmers who had similar agreements with Monsanto and other companies licensed to sell genetically engineered seeds. And dealers he used to buy cheap seed from no longer carry the unmodified seeds.
So Bowman found what looked like a loophole and went to a grain elevator that held soybeans it typically sells for feed, milling and other uses, but not as seed.
Bowman reasoned that most of those soybeans also would be resistant to weed killers, as they initially came from herbicide-resistant seeds too. He was right, and he repeated the practice over eight years.
He didn't try to keep it a secret from Monsanto, and in October 2007 the company sued him for violating its patent. Bowman's is one of 146 lawsuits Monsanto has filed since 1996 claiming unauthorized use of its Roundup Ready seeds, Snively said.
A federal court in Indiana sided with Monsanto and awarded the company $84,456 for Bowman's unlicensed use of Monsanto's technology. The federal appeals court in Washington that handles all appeals in patent cases upheld the award. The appeals court said farmers may never replant Roundup Ready seeds without running afoul of Monsanto's patents.
The Supreme Court will grapple with the limit of Monsanto's patent rights, whether they stop with the sale of the first crop of beans or extend to each new crop soybean farmers grow that has the gene modification that allows it to withstand the application of weed killer.
The company sees Bowman's actions as a threat both to its Roundup Ready line of seeds and to other innovations that could be easily and cheaply reproduced if they were not protected.
"This case really is about 21st century technologies," Snively said.
Bowman and his allies say Monsanto's legal claims amount to an effort to bully farmers.
The Center for Food Safety's Freese says Monsanto's biggest moneymaker is corn seed, which cannot be replanted.
"So seed-saving would have no impact on the majority of Monsanto's seed revenue," he said.
The case is Bowman v. Monsanto Co., 11-796.
i hear monsanto has engineered some killer tomatoes
I do grow tomatoes from seeds left on the slicing board.
Is this why no seeds in my pot
Where is Al jeeze Gore on this killing of the planet
Whoa. Is this why cukes I buy now are seedless like the English cukes.
Bowman v. Monsanto Co., 11-796.
The next precident setting case that will decide the fate of our country.Â
I recall reading a while back about these 'sterile' seeds that cross polinated with an adjacent farm owners (non-GMO) crop. Through no fault or intent of his. Monsanto turned around and sued him for copyright infringement, and won in state courts. The end result is that Monsanto now owns that farmers land, and has since created a corporate (sub contracted) farm on it.Â
There are currently no laws on the books anywhere to stop GMO companies like Monsanto and DuPont (who together control just shy of 40% of the GMO seed market) from taking control of the US and world supply of such essential crops as corn, wheat and soy.Â
You think what happens with gas prices is frustrating, imagine a loaf of bread or flour going up $1.00 overnight.Â
It's not 'black helicopter', it's the goal of such organizations. Commodity markets are ripe for influential (read:wealthy) groups manipulation.Â
As the old expression goes, If you're not alarmed, you're not paying attention.Â
If what he did is illegal, then it seem used bookstores should also be illegal. He essentially bought used seeds.
We're 100% behind you Uncle Hugh!
Monsanto is the most evil company on the face of the earth. Of course Obama backs them, they've massively funded his campaigns.. and thanks to Obama, his great lobbying for gmo's we now have:
Monsanto GMO alfalfa.
Monsanto GMO sugar beets.
Monsanto GMO Bt soybean.
Coming soon: Monsanto's GMO sweet corn.
Syngenta GMO corn for ethanol.
Syngenta GMO stacked corn.
Pioneer GMO soybean.
Syngenta GMO Bt cotton.
Bayer GMO cotton.
ATryn, an anti-clotting agent from the milk of transgenic goats.
A GMO papaya strain.
And perhaps, soon, genetically engineered salmon and apples.
Hopefully the court doesn't bendover for Monsatano like every other time they've wound up there..Â
@axpman hm I have non GMO soy milk.Â
@lee986321 What's your point?Â
@axpman @lee986321 Meaning I am attempting to use NON GMO foods..
and Dole is to be nixed/ FOr the last 5 years I have noticed things like ADHD , and other things on the rise. in that same time we have had major "Blooms" of Autism and other disorders. and no one seems to know why.Â
And everything that has been trying to link to GMOs and things like round up are being shot down immediately. There is a great deal that is being "hidden" and people do not want to stop and think for them selves.
Monsanto Co. is one of the definitive cankerworms of our modern age, having laid waste to nature and human health across the globe for many decades without hindrance.
I quote from the article:
"The Obama administration also backs Monsanto, having earlier urged the court to stay out of the case because of the potential for far-reaching implications for patents involving DNA molecules, nanotechnologies and other self-replicating technologies."
Yes, Monsanto needs to stay out of the headlines as much as possible, because people like to Google things, and there's this pesky little thing called "truth" that they might discover (which surprisingly still exists in some form on the last free medium, the internet).
And many people are already awake to the horrors of Monsanto's conquest. For anyone interested, here is Marie-Monique Robin's excellent documentary:
https://www.youtube.com/watch?v=N6_DbVdVo-k
There comes a time when you have to acknowledge, to some degree at least, the structure of evil that runs this world. Doing so does NOT make you a pessimistic tin foil helmet gloom 'n doom moon-hoax prophet. There is quite a difference between paranoid pessimism and sober realization. But if you find yourself under the illusion that your federal government, the UN, these colossal banks and corporate entity monstrosities actually have an iota of concern for your well-being, I think you need to wake up. Profit is the name of the game, no matter who starves, no matter how many are born without eyes, with twisted spines, tumors, or mental retardation. Their anguish is the justifiable cost of a dollar gained.
So much hinges upon our unawareness; it is the fulcrum by which all evil operates in the modern world.
@Reflect as A farmer I am fully aware of GMO stuff, Dad was talking about how it will replace traditional farming, and how farmers would be bound by contracts. He called it one big scam of the American people. Some one else called it a rape of the agriculture business.
@Reflect This is the first time I seen this video, it has been an a real eye opener. thanks for the link.
Our Son, we are growing our own strawberries and such. We are and I have always made sure that none of the veges and fruits are NON GMO I am also planning to start trying a "Seed Sharing" program.
@Reflect@lee986321Freaking a..NO MORE DOLE PRODUCTS!
Monsanto Co and Dole Fresh Vegetables Inc are formalizing a partnership to breed vegetables that are more attractive to consumers.
@Reflect @lee986321 I like how it is put to gather, as one said Google is your "Friend" . I would share but my entire family and our Son's Nutritional expert has already told us how to avoid GMO, because of our noses PKU.
Our son's main diet is an artificial liquid diet based on amino acids.
Also Having to change diet myself to stay our of the ER
@lee986321Â @Reflect Absolutely. Share it with as many people as possible.
@Reflect You will know what happen to these vids once true censorship kicks in, these vids will disappear.
OK, the first time I read this story on another site I was quite outraged on behalf of the farmer, however they left the part out about him deliberately trying to circumvent the agreement. The fact that he did this in my opinion does constitute deliberate theft.
That doesn't mean that I like Monsanto, in fact I think they are evil as they have sued farmers when crops were accidentally cross-contaminated by their seed due to cross pollination or accidentally blowing off a grain truck. Soon there will be NO seed that isn't contaminated by them, and they will effectively own our entire food supply, and even food from very small farms will be genetically modified whether they want it to be or not. This is a frightening probability as we just don't know what effects these foods will have on the population long-term.
Not generally much of a conspiracy theorist, but making an exception in this case.
@WhenCowsAttackThis is a frightening probability as we just don't know what effects these foods will have on the population long-term.
FYI
Does GMO Corn Really Cause Tumors in Rats?
 "Before they ever hit supermarket shelves or factory livestock farms, back in the '80s, the Food and Drug Administration gave GMOs "generally regarded as safe" status, meaning that the industry had no obligation to conduct long-term safety studies. And since the seed companies wield patent power over their products, researchers have little access to GMO seeds for independent safety testing."
 http://www.motherjones.com/tom-philpott/2012/09/gmo-corn-rat-tumor
I had a rottweiler that lived to the age of 12 years. Fed nothing but Purina brand dry dog food, over the years there would be tumors or growths that formed all around her body to go along with constant shedding. The vet said it was nothing to worry about. Needless to say, after she died, I got another dog and now it's grain-free kibble mixed with raw foods. The only concern is the meat...cattle and poultry are probably fed this same gmo grain, and what effects it will have long after consumption, remains to be seen.
Did you know there hasn't been a single long term or sort term study that looks at the health effects of GMO foods or chemicals on the human body?
I just wish they would leave things alone and not genetically modify them. Plants and animals have the genetic structure they do for a reason.
Since genetically modified foods now exist, they should be labeled as such. Give the consumer the choice of whether to consume the product or not. To do otherwise is downright unethical.
Man-made chemicals in everyday products are likely to be at least the partial cause of a global surge in birth deformities, hormonal cancers and psychiatric diseases, a U.N.-sponsored research team reported on Tuesday.
Ok since were talking about food I thought I would throw that in to the blacken kettle. Also a Pot which is black is holding secret Genetic experiments. Oh you all know about meat growing in labs that are under test..right?Â
@lee986321 You can't even get "the pot calling the kettle black" idiom right, and you expect us to believe that you know about "secret Genetic experiments".
No.
@JTesla Iwasn't even trying lol, I was just being weird..You really need to relax, or has the GMO effected your brain?
@lee986321 That might explain a few things with you, how much GMO grain you been eating?
I find it outrageous that the seeds are considered to be modified enough to be patented, but not enough to be controlled by the FDA. Â I boycott all crops that Monsanto meddles in.
"Better living through chemistry" Â ???
@needlefrau You have no argument from me. Imagine a grain of wheat excreting a toxic like ooze to kill of insects. not all plants were meant for being toxic.
Maybe it is time we plant our own gardens, agriculture can not sustain us for much longer and with the government taking out farms, and or nature taking them out as well. Food is about to be come damn expensive.
at any rate who knows maybe a loaf of bread will really one day "cost one days wage".
@lee986321 @needlefrau No, lee985321. A piece of bread will buy a bag of gold.
@theprodigal @lee986321 @needlefrau ah yes... Just testing..glad some one here understood that part..So, How Much would that bag of gold be in to days terms? what is the going rate of gold pr oz? And how many Ozs one one bag be? Hm if we compared to to a bag size of over 2,000 years ago as bags have changed in size. that is what 1,000 maybe 2,000 equivalent?
@theprodigal @lee986321 @needlefrau A Larry Norman fan!
That would take a lot of time and research to accomplish, boycotting all Monsanto crops. That would include all restaurants, most all proccessed foods, a goodly amount of the fresh produce, ethanol in the gasoline, perhaps even in the clothing we wear. How do you manage it?
I hope this guy wins. It is distressing that big businesses have so much control over our food supply.
@RalphCramden
What I find distressing is not owning what you own.Â
This guy bought the seeds, but because of an agreement he could not use them the following year. Ok sounds fair, but he can NEVER use them? Even if you buy them, you can't use them EVER if you find them? Or if they have been sitting around other plants and cross pollinate you can't use them either? So now you can't use even what you didn't buy as part of an agreement?
That's my issue. Monsanto using patents not just to cover their valid intellectual property, but anything "close" to it and using an army of lawyers to enforce it.Â
I own what I own, even if a bought it from you.Â
@Repoman
What happens if they grow wild in the future? Does that mean that Monsanto owns the plants?
It really is scary that big business has this much power to control the food that ends up on our plate.
@RalphCramden @Repoman >'Does that mean that Monsanto owns the plants?"
Current court precident says yes.
As such, it cannot (technically) 'grow wild'. If (and when) it cross-polinates with non-GMO plants, Monsanto effectively owns those plants as well. The farmer either has to pay Monsanto for the yeild, or forfit the 'stolen' property.Â
@Repoman @RalphCramden as far as I am concerned, Plant the damn things and let them grow wild. see how the company likes it when there "Seeds" are all over the place.
@lee986321 Thanks for pointing out that you don't have any clue as to what the debate is on this topic with your " let them grow wild" comment. Research this topic and get back to us after a few weeks of study.
@Repoman@RalphCramdenBowman and his allies say Monsanto's legal claims amount to an effort to bully farmers. You only can bully the farmer so much before you get gored by the bull.
We had some guy on the farm that was inspecting for tax reasons, Mom said unto him, do not go in that field.Â
The Tax man said I can go where ever I damn well please.
Mom said that is ok.. but there is a 2 ton bull who is very angry because he has to wait before he can see his eh female friend.Â
Mom pulls out a picture of what was left of a cowboy and says, any questions?
and the guy replied what If I shoot the thing.. Mom says and if you miss?Â
The Tax Assessor quickly left. very shaken.