Monsanto Canada Inc.

Monsanto Canada Inc.

December 11, 2007 10:30 ET

Ontario Grower Ordered to Pay Monsanto $160 Per Acre for Violating Patent Rights on Roundup Ready® Soybeans

WINNIPEG, MANITOBA--(Marketwire - Dec. 11, 2007) - The Federal Court of Canada has issued a judgment against Mr. Paul Beneteau of Amherstburg, Ontario for patent infringement pertaining to the Roundup Ready® gene in soybeans.

In a judgment dated Nov. 27, 2007, the Honourable Mr. Chief Justice Lutfy determined that Mr. Beneteau had infringed certain claims of Monsanto's patent by growing, harvesting and selling 55 acres of soybeans which he "knew contained genes and cells as claimed in the said claims of the Patent."

The Court has ordered Mr. Beneteau to pay damages to Monsanto fixed at $8,800, which is an award to Monsanto of $160.00 per acre on the 55 acres in question.

This judgment follows an earlier successful court judgment against Mr. Eddie Wouters of Northspruce Farms Ltd. in which the Court awarded Monsanto over $107,000 or $274.00 per acre on the 392 acres of Roundup Ready soybeans planted by Mr. Wouters without Monsanto's permission.

"We have a duty to protect our intellectual property and keep the playing field level for all growers who are purchasing Monsanto patented technologies," said Trish Jordan, Monsanto Canada spokesperson. "It is through the use of patents that we recoup our research investments, which allows us to continue to invest significant dollars in our research pipeline so that Canadian corn, soybean and canola growers will continue to have access to beneficial technologies in the future."

Monsanto originally filed a Statement of Claim in the Federal Court of Canada, Trial Division, against Mr. Beneteau in the fall of 2007 for allegedly planting, growing, harvesting and selling harvesting Roundup Ready soybeans without a required license. All these actions infringed upon Monsanto's patent rights pertaining to the Roundup Ready gene and cell.

Samples of crops collected by Monsanto under a Court Order confirmed the presence of the Roundup Ready trait in soybeans planted on land that was owned, leased or under the control of Mr. Beneteau. In addition to the monetary award, Mr. Beneteau is prohibited from further planting, growing, cultivating, harvesting, or selling any plants grown from Roundup Ready soybean seed. He has also been ordered to deliver up all seeds and plants in his possession which may contain the Roundup Ready gene or cell.

Monsanto is committed to pursuing patent infringement actions against other farmers who have planted Roundup Ready soybeans without Monsanto's permission. In this regard, Monsanto is currently pursuing litigation with three other parties in Ontario related to patent infringement.

Roundup Ready® is a registered trademark of Monsanto Technology LLC, Monsanto Canada Inc. licensee.

Contact Information

  • Monsanto Canada
    Trish Jordan
    (204) 985-1005