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September 6, 2002: Percy Schmeiser Loses Appeal

A Canadian Federal Appeals Court upholds Judge Andrew MacKay’s 2001 ruling that Percy Schmeiser infringed on Monsanto’s patent for Roundup Ready Canola when he planted seed in 1998 that he “knew or ought to have known” was resistant to Roundup. The three-judge panel dismisses 16 of Schmeiser’s 17 grounds of appeal in the case. The one point they accept is that MacKay erred when he stated that there was “no evidence” that the canola seed Schmeiser used in his 1997 canola crop included genetically modified seed and pollen carried into field #6 from a neighbor’s field. However this judgment is inconsequential since the judges agree with MacKay that the question of how Monsanto’s gene came to be present in Schmeiser’s 1998 crop is not relevant to the issue of infringement. The court also concurs with MacKay that Schmeiser infringed on the patent even though he did not use Roundup on his 1998 crop. The judges agree that the mere presence of the gene in Schmeiser’s crop was in and of itself an infringement. Additionally, they uphold MacKay’s decision to admit and consider test results indicating the presence of Monsanto’s patented gene in samples taken from Schmeiser’s 1997 and 1998 crop. Schmeiser’s lawyer had argued that the results were invalid because the samples were not obtained, stored, or tested in a scientific manner or by independent parties. He had also raised several questions that challenged the authenticity of the samples. Finally, the judges say in their decision that the amount awarded to Monsanto by MacKay was an accurate accounting of Schmeiser’s profit from the sale of his 1998 crop, rejecting Monsanto’s bid to increase the award to $105,935 CAD. [Percy Schmeiser v. Monsanto Canada Inc., 9/4/2002; Star Phoenix (Saskatoon), 9/6/2002] Upon learning of the appellate court’s decision, Percy Schmeiser says he will try to have his case heard before the Supreme Court of Canada. [Canadian Press, 9/6/2002; Star Phoenix (Saskatoon), 9/7/2002]

Entity Tags: Percy Schmeiser, Monsanto

Timeline Tags: Seeds

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