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War of words over biotechnology wears on
Canadian court rejects Schmeiser appeal

September 6, 2002 -- Canada's Federal Court of Appeal has unanimously dismissed
the 17 grounds of appeal submitted for Percy Schmeiser, a farmer who was
found
guilty of violating Monsanto's patent pertaining to the Roundup Ready gene
in canola.

On March 29, 2001, Federal Court Justice Andrew MacKay, ruled that Schmeiser
"knew or ought to have known" that he had saved and planted seed
that was Roundup-tolerant and had therefore infringed Monsanto's Roundup
Ready patented technology.

A panel of three Federal Court judges heard Mr. Schmeiser's appeal on May
15-16, 2002 in Saskatoon. In its reasons for judgment released September 4,
2002, the panel of judges rejected all of Mr. Schmeiser's arguments and
unanimously ruled that Monsanto's patent was valid and that Mr. Schmeiser
had violated Monsanto's patent on Roundup Ready canola. A cross-appeal
by Monsanto
was also dismissed.



September 10, 2010 

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