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Saturday, February 27, 2010

Potato farmer sued for $5M for unauthorized use of the Dakota Pearl variety

CBC News - Prince Edward Island - Potato farmer sued for $5M

CBC News is reporting that Lyndale Farms in P.E.I. has been sued by Real Potatoes Limited for allegedly having grown its Dakota Pearl variety of potato without authorization in 2008 and 2009. Lyndale has yet to file a defence to the action in which Real Potatoes claims $5 million in damages.

Although details of the lawsuit aren't yet available, the case is probably similar to actions commenced by Monsanto against farmers growing Roundup Ready crops without authorization.

Here are links to several court decisions in actions commenced by Monsanto for patent infringement by farmers:

Monsanto v. Rivett 2009 Federal Court re: Roundup Ready soybeans:
http://www.canlii.org/en/ca/fct/doc/2009/2009fc317/2009fc317.html

Monsanto v. Janssens 2009 Federal Court re: Roundup Ready soybeans:
http://www.canlii.org/en/ca/fct/doc/2009/2009fc318/2009fc318.html

Monsanto v. Wouters 2007 Federal Court re: Roundup Ready soybeans:
http://www.canlii.org/en/ca/fct/doc/2007/2007fc625/2007fc625.html

Monsanto v. Percy Schmeiser 2004 Supreme Court of Canada re: Roundup Ready Canola:
http://www.canlii.org/en/ca/scc/doc/2004/2004scc34/2004scc34.html