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US organic crop growers appeal Monsanto suit

US organic farming groups have appealed the dismissal of a lawsuit against Monsanto over genetically modified crops. The lawsuit was filed last year in an attempt to prevent farmers from being sued by Monsanto for patent infringement in the event of their crops being contaminated by GMOs. The US District Court for the Southern District of New York dismissed the case in February ( Agrow No 635, p 12). The Organic Seed Growers and Trade Association and others have filed an appeal in the US Court of Appeals for the Federal Circuit. Among the grounds for appeal, the plaintiffs argue that the lower Court erred in requiring them to face an immediate risk of being sued for patent infringement by Monsanto. They maintain that they face injury in the “abridgement of their right to use their property as they see fit without risking accusations of patent infringement by Monsanto”.

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