Canadian Court rejects "innocent infringer" defence in plant patent matter

Percy Schmeiser and Schmeiser Enterprises Ltd. vs. Monsanto Canada Inc. and Monsanto Company

Plaintiff, Monsanto Canada Inc. holds a patent on "Glyphosate-Resistant Plants" and sells herbicides for glyphosate resistant plants and their seeds under the trademarks "Roundup Ready" and "Roundup". When defendant Schmeiser planted his entire canola crop with seeds from plants that survived the Roundup herbicide and other canola seeds, Monsanto filed for infringement of its Canadian Patent.

The Court ruled that -

• Monsanto, through its licensing arrangements and monitoring efforts, had taken various measures to control the unwanted spread of Roundup Ready canola. There was no express waiver by Monsanto of its patent rights and none could be implied from the company's conduct.
• The property rights did not displace patent rights.
• There was no possibility of innocent infringer defence or a lack of intent, on the defendant's part since he had deliberately saved seeds from the Roundup Ready Canola and used them to plant his crop.