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Context of 'Between Late 1998 and Early 2000: Monsanto Amends its Claim against Percy Schmeiser'

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Mike Robinson, owner of a private investigation company that works for Monsanto, visits Percy Schmeiser at his farm. Schmeiser learns that Monsanto is investigating him and that an investigator working for Robinson took plant samples from his fields in 1997 (see August 18, 1997). Robinson says Monsanto suspects Schmeiser is illegally growing its patent-protected Roundup Ready Canola. Schmeiser accuses Robinson’s company of trespassing. [Star Phoenix (Saskatoon), 6/14/2000; Federal Court of Canada, 6/22/2000, pp. 21 pdf file; Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 21 pdf file]

Entity Tags: Mike Robinson, Percy Schmeiser

Timeline Tags: Seeds

Monsanto secures a court order permitting the company to take plants from Percy Schmeiser’s canola fields. Monsanto believes that Schmeiser is illegally growing the company’s patent-protected Roundup Ready Canola. Schmeiser is aware that some of his canola is resistant to Roundup but denies that this is the result of any willful action on his part. He claims to have never purchased or otherwise obtained Monsanto’s Roundup Ready Canola pedigree seed. He thinks the presence of plants resistant to Roundup is the result of cross-pollination or seeds blown from a nearby farm or off passing grain trucks. [Washington Post, 2/3/1999] Monsanto, in a letter to the court dated August 12, says it will notify Schmeiser’s lawyer before entering onto Schmeiser’s property. The sample is to be collected in the presence of Schmeiser and split between Monsanto and Schmeiser so each party can have it tested separately. According to Schmeiser, Don Todd (Robinson Investigation) and James Vancha (Monsanto), arrive unannounced and do not allow him to accompany them. However, Todd and Vancha will dispute Schmeiser’s version of events in court testimony, saying the farmer had declined to participate because of a “bad leg.” Instructions contained in the court order do not specify that they use any sort of representative sampling technique that could be used to determine what percentage of Schmeiser’s canola plants are resistant to Roundup. Rather, since Monsanto is interested only in proving the presence of the patented gene in Schmeiser’s fields, Todd and Vancha are just asked to randomly collect a total of 54 samples from Schmeiser’s 9 fields (27 for Monsanto and 27 for Schmeiser). In spite of the fact that no method is employed to ensure that the composition of the samples are representative of the composition of the fields, Monsanto will later cite test results based on these samples when making assertions in court about the percentage of Roundup-resistant plants growing on Schmeiser’s farm (see January 1999) [Federal Court of Canada, 6/22/2000, pp. 21 pdf file; Monsanto Canada Inc. v. Percy Schmeiser, 3/29/2001, pp. 24-25 pdf file]

Entity Tags: Percy Schmeiser, Robinson Investigation Canada Ltd, Don Todd, James Vancha, Monsanto

Timeline Tags: Seeds

After Percy Schmeiser’s Examination of Discovery, where he denies that he ever obtained and planted Monsanto’s Roundup Ready certified canola seeds, Monsanto drops its claim that Schmeiser “obtained canola seeds which are resistant to glyphosate from one or more persons licensed by… Monsanto Canada Inc.” Monsanto’s amended statement of claim alleges only that Schmeiser planted seed from his 1997 canola crop containing Monsanto’s patented Roundup-resistant genes and cells, and that in doing so, he infringed on the company’s patent. Therefore, the question of how Monsanto’s gene came to be present in Schmeiser’s fields is no longer of any concern to the company. Whether Schmeiser’s possession of the gene was a result of deliberate action or uninvited contamination has no bearing on the question of infringement, according to Monsanto. It asserts that the mere action of planting seeds containing Monsanto’s patented genes and cells—their presence intentional or not—infringed on the company’s patent. [Washington Post, 5/2/1999; Federal Court of Canada, 6/22/2000, pp. 14 pdf file]

Entity Tags: Percy Schmeiser, Monsanto

Timeline Tags: Seeds

Percy Schmeiser announces that he will appeal Federal Judge Andrew MacKay’s ruling (see March 29, 2001) that he infringed on Monsanto’s patent for Roundup Ready Canola . [Star Phoenix (Saskatoon), 5/25/2001; Star Phoenix (Saskatoon), 6/21/2001]

Entity Tags: Percy Schmeiser

Timeline Tags: Seeds

Federal Court of Canada Justice Andrew MacKay orders Percy Schmeiser to pay Monsanto $153,000 CAD in order to compensate the company for a portion of its legal costs. Monsanto sued Schmeiser in 2000 (see June 5, 2000-June 21, 2000) for illegally planting and harvesting canola in 1998 that he “knew or ought to have known” contained Monsanto’s patent-protected Roundup-resistant gene. This sum of money is in addition to the $19,832 CAD that Schmeiser has already been ordered to pay the company (see May 23, 2001). [Star Phoenix (Saskatoon), 4/29/2002]

Entity Tags: Monsanto, Percy Schmeiser, Terry Zakreski

Timeline Tags: Seeds

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