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June 11, 2013

Court: Trust that Monsanto won't sue

A Maine-based organic seed growers organization lost its appeal against agricultural giant Monsanto Co., but leaders of the organization counted the process as a partial victory.

Reuters reported that the U.S. Court of Appeals for the Federal Circuit upheld a previous ruling that threw out the Washington, Maine-based Organic Seed Growers and Trade Association's complaint that sought to prevent Monsanto from suing farmers whose seeds accidentally contain traits of the company's genetically modified crops.

In the decision, Reuters reported, the court ruled that organic growers should rely on promises on Monsanto's website that it will not sue farmers whose crops are found to have trace amounts — less than 1% — of its proprietary seeds.

In a press release, Jim Gerritsen, president of the Maine-based organic seed organization, characterized the decision as binding Monsanto not to sue organic farmers, based on statements it made during the trial promising not to sue farmers who inadvertently have trace amounts of Monsanto seeds in their crops.

Organic farmers argue that accidental contamination of conventional crops by Monsanto's modified seeds exposes them to unfair patent-infringement lawsuits, of which there have been 144 between 1997 and April 2010, Reuters reported.

Andrew Kimbrell, a lawyer with the Center for Food Safety, which joined as a plaintiff in the case, told the news service that the decision based on a paragraph on the company's website was "a very bizarre ruling" and could be subject to appeal.

In a press release, the plaintiff's lead attorney, Dan Ravicher, said the group will consider asking the U.S. Supreme Court to review the decision.

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