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| Authored by: Anonymous on Monday, May 13 2013 @ 01:31 PM EDT |
From the ruling:
Monsanto sells, and allows other companies to
sell, Roundup Ready soybean seeds to growers who assent to a special licensing
agreement.
In accord with the agreement just described,
he used all of that seed for planting, and sold his entire crop to a grain
elevator (which typically would resell it to an agricultural processor for human
or animal consumption).
He therefore went to a grain
elevator; purchased “commodity soybeans” intended for human or animal
consumption; and planted them in his fields.
footnote
1: Grain elevators, as indicated above, purchase grain from farmers and sell it
for consumption; under federal and state law, they generally cannot package or
market their grain for use as agricultural seed.
From my
understanding: he did just as you suggest and got in trouble.
Near as I
can figure, the reason the license is provided is to allow someone to use the
seed for planting purposes to begin with - otherwise the first generation of
planting would infringe on the patent as easily as any successive
generation.
RAS[ Reply to This | Parent | # ]
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