Fed. Appeals Court case

Pontotoc County farmer fights landmark case in federal appeals court

A lawsuit which Monsanto Company pressed and won against Pontotoc County soybean farmer Homan McFarling moves into federal appeals court in Washington today in what could be a precedent-setting case.

“McFarling is one of hundreds of farmers who have been sued by Monsanto Company because they saved and replanted Monsanto’s Round-Up Ready soybeans,” said McFarling’s attorney Jim Waide in a press release.

The appeal goes before the U.S. District Court of Appeals for the Federal Circuit in Washington today at 10 a.m.

Several lower federal courts have ruled in Monsanto’s favor, saying that McFarling’s saving his Round-Up seeds violates Monsanto’s patent on the product. Monsanto has sued McFarling for patent infringement for more than $1 million.

However, Waide contends that although the process for genetically altering seed belongs to Monsanto, the seed itself is a product of nature (made by God) and cannot be patented.