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.
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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.
