Lawsuit seeks to invalidate Monsanto’s GMO patents

Rady Ananda, Contributing Writer
Activist Post

“A new invention to poison people … is not a patentable invention.” Lowell v. Lewis, 1817

A landmark lawsuit filed on March 29 in US federal court seeks to invalidate Monsanto’s patents on genetically modified seeds and to prohibit the company from suing those whose crops become genetically contaminated.

The Public Patent Foundation filed suit on behalf of 270,000 people from sixty organic and sustainable businesses and trade associations, including thousands of certified-organic farmers.

“As Justice Story wrote in 1817, to be patentable, an invention must not be ‘injurious to the well being, good policy, or sound morals of society,’” notes the complaint in its opening paragraphs.

The suit points to studies citing harm caused by Monsanto’s Roundup herbicide, including human placental damage, lymphoma, myeloma, animal miscarriages, and other impacts on human health.
Plaintiffs condemn Monsanto for prohibiting independent research on its transgenic seeds and for its successful lobby efforts to ban GM food labeling. Many raise the specter of allergic reaction to GM foods, proof of which is hidden by lack of labeling. GMO label laws, currently pending in 14 states, would partially remedy this situation. (Please contact your state reps.)The suit also confronts the propaganda that transgenic seeds improve yield and reduce pesticide use, citing reports on failure to yield and increased pesticide use. The complaint mentions a 2010 lawsuit by West Virginia after several studies contradicted yield results claimed in Monsanto’s ads. And, it notes the growth in glyphosate-resistant superweeds.


"Thus, since the harm of transgenic seed is known, and the promises of transgenic seed’s benefits are false, transgenic seed is not useful for society."

Should the court agree that transgenic seeds fail the test of patent law, the suit has the potential to reverse patent approval on all biotech seeds, impacting BASF, Bayer, DuPont, Dow, and Syngenta, and others. Genetic contamination of natural plants occurs where GM seeds are grown, no matter who developed them. Ingesting food which has had its DNA mucked with is dangerous, regardless of who does the mucking.

What makes Monsanto different is its US seed monopoly. Well documented by market authorities, Plaintiffs point out that, “Over 85-90% of all soybeans, corn, cotton, sugar beets and canola grown in the U.S. contains Monsanto’s patented genes.”

Through its monopoly, Monsanto has spiked the cost of seeds in the past decade. Corn seed prices increased 135% and soybean prices 108%, the suit asserts. As recently as 1997, soybean farmers spent only 4-8% of their income on seeds, “while in 2009, farmers who planted transgenic soybeans spent 16.4 percent of their income on seeds.”

Monsanto has also used its dominant position to limit competition from other herbicide producers, as well, the suit alleges.

Listing 23 US patents by Monsanto, Plaintiffs also accuse the firm of “double patenting” thus strengthening its monopoly over the entire field of transgenic seeds:

Although the United States patent system allows improvements on existing inventions, it does not permit a party to extend its monopoly over a field of invention by receiving a patent that expires later than and is not patentably distinct from a patent it already owns….

Monsanto began applying for patents on glyphosate tolerance in the mid 1980s. Its first patents on the trait were granted in 1990 and are now expired. After pursuing its earliest patents on glyphosate resistance, Monsanto continued to seek and receive patents on Roundup Ready technology for over two decades….

In acquiring the transgenic seed patents, Monsanto unjustly extended its period of patent exclusivity by duplicating its ownership of a field of invention already covered by other Monsanto patents.

The suit then concludes, “Monsanto’s transgenic seed patents are thus invalid for violating the prohibition against double patenting.”

Genetic Contamination
Here’s the mother of all arguments, which makes the most sense to the lay public. How dare Monsanto sue farmers damaged by genetic contamination of their crops? That’s like a pugilist suing for damage to his hand after he punches an unwilling victim.

Plaintiffs cannot be held to have infringed any Monsanto transgenic seed patent if Plaintiffs become contaminated by Monsanto’s transgenic seed through no intentional act of their own.

Monsanto admits that its product contaminates natural crops. That must be why it recently altered its Technology Stewardship Agreement to transfer liability for its products to the farmers who buy them.

The suit logically asserts that genetic contamination amounts to trespass on the property of those who do not want GE seeds, causing them substantial economic harm.

We saw that when Bayer’s transgenic seeds contaminated a third of the US rice supply, causing the European Union to close its market to US rice. Bayer has faced 6,000 lawsuits due to that contamination and market closure. On top of lawsuits already lost or settled, last month, Bayer lost a $137 million lawsuit by Riceland Foods. The new suit notes that, “The worldwide total economic loss due to the [2006 GM rice] contamination event was estimated at $741 million to $1.285 billion.”

Impact on the Biotech Food Industry
The suit argues that because “contamination is reasonably foreseeable,” Monsanto thus loses its patent rights whenever it sells its GM seeds. This wouldn’t stop it from selling the seed, but it would allow farmers to save seeds from transgenic crops. No company can stay in business without repeat customers, especially ones that spend millions on research and development. And, because transgenic contamination is not limited to Monsanto’s seeds, all biotech seed companies would likewise face dissolution of their intellectual property rights.

Other harm from biotechnology does not stop with Monsanto’s seeds or chemicals, either. To protect the world from the biotech food industry, which extends to animals, patenting life itself should be banned. This lawsuit might take us closer to a return of that legal standard, prior to the 2001 High Court decision in J.E.M. Ag Supply v. Pioneer Hi-Bred International. In that case, Oyez explains:

Farm Advantage filed a patent invalidity counterclaim, arguing that sexually reproducing plants, such as Pioneer’s corn plants, are not patentable subject matter within section 101. Farm Advantage maintained that the Plant Patent Act of 1930 (PPA) and the Plant Variety Protection Act (PVPA) set forth the exclusive statutory means for protecting plant life.

The court disagreed, and thus allowed patents on sexually reproducing life forms. Of note, the decision was written by ethically-challenged Clarence Thomas, a former Monsanto attorney. Thomas also refused to recuse himself from a 2010 case involving Monsanto. (Geertson Seed v Monsantoinvolved contamination of natural alfalfa.)

Among the plaintiffs in the PUBPAT suit is Navdanya International, headed by Dr. Vandana Shiva who has long fought biopiracy. Genetic patents “have unleashed an epidemic of the piracy of nature’s creativity and millennia of indigenous innovation,” Shiva wrote at Navdanya.

The new lawsuit couldn’t come a moment too soon, given the USDA’s recent decision to allow rice modified with human genes by Ventria Bioscience. Such approval begs the question: At what point is the line into cannibalism crossed? Biotech and pharmaceutical companies have produced several hundred “pharma crops” – food that contains vaccines against a variety of diseases. The FDA and USDA would have us ignore that this scheme fails to consider appropriate dosage specific to a person’s age, weight and medical condition, the very foundation of pharmaceutical science.

The biotech industry is out of control, and poses a significant danger to humans and the environment.

PUBPAT’s lawsuit marks a significant step toward restoring a safe, sane and consensual food supply.

Rady Ananda holds a B.S. in Natural Resources from The Ohio State University’s School of Agriculture and is the Editor of Food Freedom and COTO Report.

A version of this article first posted by Global Research.

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Scientists warn of link between dangerous new pathogen and Monsanto’s Roundup

Late term spontaneous abortion

Rady Ananda, Contributing Writer
Activist Post

A plant pathologist experienced in protecting against biological warfare recently warned the USDA of a new, self-replicating, micro-fungal virus-sized organism which may be causing spontaneous abortions in livestock, sudden death syndrome in Monsanto’s Roundup Ready soy, and wilt in Monsanto’s RR corn.

Dr. Don M. Huber, who coordinates the Emergent Diseases and Pathogens committee of the American Phytopathological Society, as part of the USDA National Plant Disease Recovery System, warned Agriculture Secretary Tom Vilsack that this pathogen threatens the US food and feed supply and can lead to the collapse of the US corn and soy export markets.  Likewise, deregulation of GE alfalfa “could be a calamity,” he noted in his letter (reproduced in full below).
On January 27, Vilsack gave blanket approval to all genetically modified alfalfa. Following orders from President Obama, he also removed buffer zone requirements. This is seen as a deliberate move to contaminate natural crops and destroy the organic meat and dairy industry which relies on GM-free alfalfa. Such genetic contamination will give the biotech industry complete control over the nation’s fourth largest crop. It will also ease the transition to using GE-alfalfa as a biofuel.

“My letter to Secretary Vilsack was a request to allocate necessary resources to understand potential nutrient-disease interactions before making (in my opinion) an essentially irreversible decision on deregulation of RR alfalfa,” Huber told Food Freedom in an email.

But, he cautions:

Although the organism has been associated with infertility and spontaneous abortions in animals, associations are not always evidence of cause in all cases and do not indicate what the predisposing conditions might be. These need to be established through thorough investigation which requires a commitment of resources.

“I hope that the Secretary will make such a commitment because many growers/producers are experiencing severe increases in disease of both crops and animals that are threatening their economic viability.”

On Feb. 16, Paul Tukey of SafeLawn telephoned Dr. Huber who told him, “I believe we’ve reached the tipping point toward a potential disaster with the safety of our food supply. The abuse, or call it over use if you will, of Roundup, is having profoundly bad consequences in the soil. We’ve seen that for years. The appearance of this new pathogen may be a signal that we’ve gone too far.”

Tukey also conveyed that while Huber admits that much further study is needed to definitively confirm the link between Round-Up and the pathogen, “In the meantime, he said, it’s grossly irresponsible of the government to allow Roundup Ready alfalfa, which would bring the widespread spraying of Roundup to millions of more acres and introduce far more Roundup into the food supply.”

Huber, who has been studying plant pathogens for over 50 years and glyphosate for over 20 years, has noticed an increase in pathogens associated with the herbicide. In an interview with the Organic and Non-GMO Report last May, he discussed his team’s conclusions that glyphosate can, “significantly increase the severity of various plant diseases, impair plant defense to pathogens and diseases, and immobilize soil and plant nutrients rendering them unavailable for plant use.”

Sudden Death Syndrome in soy where the right field was sprayed the previous 

year with glyphosate (Iowa, 2010. Photo by Don Huber)

This is because “glyphosate stimulates the growth of fungi and enhances the virulence of pathogens.” [Image] In the last 15-18 years, the number of plant pathogens has increased, he told the Non-GMO Report. “There are more than 40 diseases reported with use of glyphosate, and that number keeps growing as people recognize the association (between glyphosate and disease).”

In his undated letter to the USDA, Huber highlighted “the escalating frequency of infertility and spontaneous abortions over the past few years in US cattle, dairy, swine, and horse operations.”  He reported that spontaneous abortions occurred in nearly half the cattle where high concentrations of the pathogen were found in their feed.  Huber notes that the wheat “likely had been under weed management using glyphosate.”

Other Research Supports Huber’s Warning
Last year, Argentine scientists found that Roundup causes birth defects in frogs and chickens. Publishing their paper, “Glyphosate-Based Herbicides Produce Teratogenic Effects on Vertebrates by Impairing Retinoic Acid Signaling,” in Chemical Research in Toxicology, Alejandra Paganelli, et al. also produced a large set of reports for the public at GMWatch:

In Argentina and Paraguay, doctors and residents living in GM soy producing areas have reported serious health effects from glyphosate spraying, including high rates of birth defects as well as infertility, stillbirths, miscarriages, and cancers. Scientific studies collected in the new report confirm links between exposure to glyphosate and premature births, miscarriages, cancer, and damage to DNA and reproductive organ cells.

One of the researchers, Andrés Carrasco, told GM Watch, “The findings in the lab are compatible with malformations observed in humans exposed to glyphosate during pregnancy.”

When trying to present these findings to the public in August of last year, Dr. Carrasco and the audience were attacked by 100 thugs who beat them and their cars with clubs, leaving one person paralyzed, Amnesty International reported. Local police and a wealthy GM rice grower were implicated in that attack.

In a 2009 study, researchers linked organ damage with consumption of Monsanto’s GM maize, based on Monsanto’s trial data. As we reported last year, Gilles-Eric Séralini, et al., concluded that the raw data from all three GMO studies reveal that novel pesticide residues will be present in food and feed and may pose grave health risks to those consuming them.

In a 2005 paper published in Environmental Health Perspectives, Sophie Richard, et al. compared the toxicity of Roundup with that of just glyphosate, its active ingredient. They found Roundup to be more toxic, owing to its adjuvants. They also found that endocrine disruption increased over time so that one-tenth the amount prescribed for agriculture caused cell deformation. Citing other research, they also reported that Roundup adjuvants bond with DNA.

Such negative findings probably explain why Monsanto and other biotech firms so vociferously block independent research.

Tom Laskawy at Grist estimated that in 2008, nearly 200 million pounds of glyphosate were poured onto US soils. But, he notes that “exact figures are a closely guarded secret thanks to the USDA’s refusal to update its pesticide use database after 2007.”  This figure more than doubles what the EPA estimates was used in 2000.

Below is Dr. Huber’s full letter, graciously provided to me by Paul Tukey:

Dear Secretary Vilsack:
A team of senior plant and animal scientists have recently brought to my attention the discovery of an electron microscopic pathogen that appears to significantly impact the health of plants, animals, and probably human beings. Based on a review of the data, it is widespread, very serious, and is in much higher concentrations in Roundup Ready (RR) soybeans and corn—suggesting a link with the RR gene or more likely the presence of Roundup.  This organism appears NEW to science!

This is highly sensitive information that could result in a collapse of US soy and corn export markets and significant disruption of domestic food and feed supplies. On the other hand, this new organism may already be responsible for significant harm (see below). My colleagues and I are therefore moving our investigation forward with speed and discretion, and seek assistance from the USDA and other entities to identify the pathogen’s source, prevalence, implications, and remedies.

We are informing the USDA of our findings at this early stage, specifically due to your pending decision regarding approval of RR alfalfa. Naturally, if either the RR gene or Roundup itself is a promoter or co-factor of this pathogen, then such approval could be a calamity. Based on the current evidence, the only reasonable action at this time would be to delay deregulation at least until sufficient data has exonerated the RR system, if it does.

For the past 40 years, I have been a scientist in the professional and military agencies that evaluate and prepare for natural and manmade biological threats, including germ warfare and disease outbreaks. Based on this experience, I believe the threat we are facing from this pathogen is unique and of a high risk status. In layman’s terms, it should be treated as an emergency.

A diverse set of researchers working on this problem have contributed various pieces of the puzzle, which together presents the following disturbing scenario:

Unique Physical Properties
This previously unknown organism is only visible under an electron microscope (36,000X), with an approximate size range equal to a medium size virus. It is able to reproduce and appears to be a micro-fungal-like organism. If so, it would be the first such micro-fungus ever identified. There is strong evidence that this infectious agent promotes diseases of both plants and mammals, which is very rare.

Pathogen Location and Concentration
It is found in high concentrations in Roundup Ready soybean meal and corn, distillers meal, fermentation feed products, pig stomach contents, and pig and cattle placentas.

Linked with Outbreaks of Plant Disease
The organism is prolific in plants infected with two pervasive diseases that are driving down yields and farmer income—sudden death syndrome (SDS) in soy, and Goss’ wilt in corn. The pathogen is also found in the fungal causative agent of SDS (Fusarium solani fsp glycines).

Implicated in Animal Reproductive Failure
Laboratory tests have confirmed the presence of this organism in a wide variety of livestock that have experienced spontaneous abortions and infertility. Preliminary results from ongoing research have also been able to reproduce abortions in a clinical setting.

The pathogen may explain the escalating frequency of infertility and spontaneous abortions over the past few years in US cattle, dairy, swine, and horse operations. These include recent reports of infertility rates in dairy heifers of over 20%, and spontaneous abortions in cattle as high as 45%.
For example, 450 of 1,000 pregnant heifers fed wheatlage experienced spontaneous abortions. Over the same period, another 1,000 heifers from the same herd that were raised on hay had no abortions. High concentrations of the pathogen were confirmed on the wheatlage, which likely had been under weed management using glyphosate.

Recommendations
In summary, because of the high titer of this new animal pathogen in Round Ready crops,[sic] and its association with plant and animal diseases that are reaching epidemic proportions, we request USDA’s participation in a multi-agency investigation, and an immediate moratorium on the deregulation of RR crops until the causal/predisposing relationship with glyphosate and/or RR plants can be ruled out as a threat to crop and animal production and human health.

It is urgent to examine whether the side-effects of glyphosate use may have facilitated the growth of this pathogen, or allowed it to cause greater harm to weakened plant and animal hosts. It is well-documented that glyphosate promotes soil pathogens and is already implicated with the increase of more than 40 plant diseases; it dismantles plant defenses by chelating vital nutrients; and it reduces the bioavailability of nutrients in feed, which in turn can cause animal disorders. To properly evaluate these factors, we request access to the relevant USDA data.

I have studied plant pathogens for more than 50 years. We are now seeing an unprecedented trend of increasing plant and animal diseases and disorders. This pathogen may be instrumental to understanding and solving this problem. It deserves immediate attention with significant resources to avoid a general collapse of our critical agricultural infrastructure.

Sincerely,
COL (Ret.) Don M. Huber
Emeritus Professor, Purdue University
APS Coordinator, USDA National Plant Disease Recovery System (NPDRS)

Rady Ananda holds a B.S. in Natural Resources from The Ohio State University’s School of Agriculture.  Her work has appeared in several online and print publicationshttp://2cebcc24hehhk206ehimev8p0x.hop.clickbank.net/?tid=GPA. Using years of editorial experience and web publishing, Rady now promotes the ideas and work of a select group of quality writers and artists at Food Freedom and COTO Report. 

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