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4-Patents: Monsanto suing a second Canadian farmer

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TITLE:  Monsanto suing a second Sask. farmer
SOURCE: Western Producer, Canada, by Ed White
DATE:   July 26, 2001

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Monsanto suing a second Sask. farmer

Monsanto is suing another Saskatchewan farmer for allegedly growing its 
Roundup Ready canola without a licence. On July 11 the company filed a 
statement of claim with the Court of Queen's Bench for Saskatchewan 
accusing Kelly Ryczak of Springside of breaking its patent on the crop. A 
statement of claim is a list of allegations that have not been proven in 
court, but simply stated by the person who launches the lawsuit. Ryczak has 
the right to file a statement of defence, in which he can refute Monsanto's 
arguments. If the two sides don't reach an agreement on how to settle the 
dispute, they could end up in a trial.

Monsanto claims Ryczak didn't have a licence to grow Roundup Ready canola 
but managed to obtain some from another person. He allegedly planted some 
seed and sold some to others, Monsanto said. He cleaned the seed he grew 
and sold it to others. Monsanto also claims that Ryczak is threatening to 
continue to grow and sell the patented seed. "The actions of the defendant 
have been deceitful, high-handed and have shown a callous disregard for the 
rights of the plaintiffs," Monsanto said in arguing for punitive damages.

The company claims Ryczak infringed upon its patent in 1999, 2000 and 2001. 
It wants the farmer banned from selling or sowing any of the canola seed on 
his farm that contains the Roundup Ready gene and to surrender it. The 
company wants a penalty equal to the profit he made on the crop, as well as 
punitive and exemplary damages. Monsanto spokesperson Trish Jordan said the 
company would rather reach an out-of-court settlement than go to trial.

Ryczak could not be reached for comment.


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