Farmer’s Supreme Court fight to limit Monsanto seed patents looks bleak

Sadly, this case is tainted by bad facts. The fact that he admits to using Roundup on the seeds in question makes him appear to be a blatent patent infringer. If it were not for that fact, his case could be a lot stronger. Thus this case is more than about a farmer being a farmer. It is about a farmer attempting to make use of a patented strategy without paying for it. The use of Roundup is the fatal flaw.

Quoting:Monsanto lawyer Waxman assured her that soybean crops can't be blown by the wind into other fields, so inadvertent infringement of that sort is unlikely to happen, and couldn't be enforced.

While it's true that soybean pollen isn't carried on the wind for great distances, he doesn't talk about cross pollination by bees and other insects.

Buffer Zones Can't Prevent GMO Cross-contamination

The Monsanto lawyer says that inadvertent infringement cannot be litigated. That hasn't stopped Monsanto from suing several hundred organic farmers in the U.S. and Canada when their crops were cross pollinated with Monsanto crops from neighboring fields.