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Concept
Monsanto legal cases
Summary
Monsanto was involved in several high-profile lawsuits, as both plaintiff and defendant. It had been defendant in a number of lawsuits over health and environmental issues related to its products. Monsanto also made frequent use of the courts to defend its patents, particularly in the area of agricultural biotechnology.
Monsanto was one of the first companies to apply the biotechnology industry business model to agriculture, using techniques developed by Genentech and other biotech drug companies in the late 1970s in California. In this business model, companies invest heavily in research and development, and recoup the expenses through the use and enforcement of biological patents.
In 1969, Monsanto sued Rohm and Haas for infringement of Monsanto's patent for the herbicide propanil. In Monsanto Co. v. Rohm and Haas Co., the Third Circuit Court of Appeals ruled against Monsanto on the basis that the company had fraudulently procured the patent it sought to enforce.
Since the mid‐1990s, Monsanto indicates that it has filed suit against 145 individual U.S. farmers for patent infringement and/or breach of contract in connection with its genetically engineered seed but has proceeded through trial against only eleven farmers, all of which it won. The Center for Food Safety has listed 90 lawsuits through 2004 by Monsanto against farmers for claims of seed patent violations. Monsanto defends its patents and their use, explaining that patents are necessary to ensure that it is paid for its products and for all the investments it puts into developing products. As it argues, the principle behind a farmer’s seed contract is simple: a business must be paid for its product, but that a very small percentage of farmers do not honor this agreement. While many lawsuits involve breach of Monsanto's Technology Agreement, farmers who have not signed this type of contract, but do use the patented seed, can also be found liable for violating Monsanto's patent.
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