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ORGANIC SEED GROWERS & TRADE ASS'N v. MONSANTO CO.

No. 11 Civ. 2163(NRB).

851 F.Supp.2d 544 (2012)

ORGANIC SEED GROWERS AND TRADE ASSOCIATION; Organic Crop Improvement Association International, Inc.; Ocia Research and Education Inc.; the Cornucopia Institute; Demeter Association, Inc.; Center for Food Safety; Beyond Pesticides; Navdanya International; Maine Organic Farmers and Gardeners Association; Northeast Organic Farming Association of New York; Northeast Organic Farming Association/Massachusetts Chapter, Inc.; Northeast Organic Farming Association of New Hampshire; Northeast Organic Farming Association of Rhode Island; CT Nofa; Northeast Organic Farming Association of Vermont; Rural Vermont; Ohio Ecological Food & Farm Association; Florida Certified Organic Growers and Consumers Inc.; Southeast Iowa Organic Association; Northern Plains Sustainable Agriculture Society; Mendocino Organic Network; Northeast Organic Dairy Producers Alliance; Midwest Organic Dairy Producers Alliance; Western Organic Dairy Producers Alliance; Canadian Organic Growers; Manitoba Organic Alliance; Peace River Organic Producers Association; Union Paysanne; Family Farmer Seed Cooperative; Sustainable Living Systems; Global Organic Alliance; Food Democracy Now!; Family Farm Defenders Inc.; Farm-to-Consumer Legal Defense Fund; Weston A. Price Foundation; Michael Fields Agricultural Institute; Fedco Seeds Inc.; Adaptive Seeds, LLC; Sow True Seed; Southern Exposure Seed Exchange; Mumm's Sprouting Seeds; Baker Creek Heirloom Seed Co., LLC; Comstock, Ferre & Co., LLC; Seedkeepers, LLC; Siskiyou Seeds; Countryside Organics; Wild Garden Seed; Cuatro Puertas; Seed We Need; Interlake Forage Seeds Ltd.; Alba Ranch; Wild Plum Farm; Gratitude Gardens; Richard Everett Farm, LLC; Philadelphia Community Farm, Inc.; Genesis Farm; Chispas Farms LLC; Kirschenmann Family Farms Inc.; Midheaven Farms; Koskan Farms; California Cloverleaf Farms; North Outback Farm; Taylor Farms, Inc.; Jardin Del Alma; Ron Gargasz Organic Farms; Abundant Acres; T & D Willey Farms; Full Moon Farm, Inc.; Common Good Farm, LLC; American Buffalo Company; Radiance Dairy; Quinella Ranch; Nature's Way Farm Ltd.; Levke and Peter Eggers Farm; Frey Vineyards, Ltd.; Bryce Stephens; Chuck Noble; Larhea Pepper; Paul Romero; Brian Wickert; Bruce Drinkman; Murray Bast; and Donald Wright Patterson, Jr., Plaintiffs, v. MONSANTO COMPANY and Monsanto Technology LLC, Defendants.

United States District Court, S.D. New York.

February 24, 2012.

Attorney(s) appearing for the Case

Daniel B. Ravicher, Esq. , Sabrina Y. Hassan, Esq. , Public Patent Foundation, Benjamin N. Cardozo School of Law, New York, NY, for Plaintiffs.

Seth P. Waxman, Esq. , Gregory H. Lantier, Esq. , Rachel L. Weiner, Esq. , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Defendants.

MEMORANDUM AND ORDER

NAOMI REICE BUCHWALD, District Judge.

Plaintiffs bring this lawsuit against defendants Monsanto Company and Monsanto Technology LLC (together "defendants" or "Monsanto"), seeking declaratory judgments that plaintiffs are not infringing various of defendants' patents, that those patents are invalid and unenforceable, and that, regardless, defendants would be entitled to no remedies against plaintiffs. Presently before us is defendants...

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