The transition can be traced to the 1970s when Monsanto developed and patented glyphosate, a broad-spectrum herbicide dubbed Roundup. The herbicide was super effective and widely used by commercial farmers.
In the 1980s Monsanto scientists also developed a genetically modified soybean seed to render it resistant to its Roundup herbicide. The company patented and marketed the seed under the brand name Roundup Ready. It was sold to farmers in combination with Roundup so the crop could be planted directly into untilled soil with no follow-up cultivation. The “no till” seed eliminated the need for pre-emergent herbicides, ploughs, and tillers. Weed control was accomplished in one fell swoop.

Farmers loved it. Adoption of the new system purportedly outpaced that of any other technology in modern farming history—including the tractor, fertilizer, and hybrid corn.

To control its patented technology Monsanto required growers to sign a contract that restricted use of the patented seed to a single crop season, prohibited growers from saving seeds for replanting, and allowed Monsanto to inspect fields for violations. To ensure compliance Monsanto hired investigators to “root-out” seed-saving farms, even using radio ads and telephone “tip lines” to identify culprits who might save or re-use its patented seed. In 2007 Monsanto received a tip that Vernon Bowman, an Indiana soybean farmer, was saving his seeds. The “seed police” were dispatched to gather plant samples from his fields. The move surprised Bowman, a loyal Monsanto customer. He had planted Roundup Ready seeds as his first crop each season from 1999-2007 and hadn’t saved the seeds.

But Bowman did not use Roundup Ready seeds for his late-season planting. To economize, he purchased and used “commodity seeds”—a mixed bag that included some Roundup Ready seeds. This mix did not require a licensing agreement. After planting the commody mix, Bowman sprayed this crop with Roundup herbicide to weed out the non-resistant plants. He understood the survivors were the progeny of Roundup Ready seeds but believed they were no longer patented. Therefore, he saved and planted them the following year without a license. Monsanto took exception to Bowman’s use of its genetic property and sued him for patent infringement.

In his defense Bowman cited the doctrine of patent exhaustion, claiming that Monsanto lost its rights when the patented seeds were sold in the commodity mix. He pointed out that Monsanto’s domination of the soybean seed market in the area created an abundance of regenerated seeds after harvest, making it virtually impossible to avoid Roundup Ready seeds blending into the commodity mix. He argued that buyers purchasing commodity seeds from grain dealers had no choice: They received the special seeds whether they wanted them or not.

Bowman’s point was that Monsanto knew its regenerated crop would be sold to grain dealers for resale, so the license agreement to do so should have included a provision requiring segregation of patented seeds from other seeds if the conglomerate wanted to protect them.

Monsanto countered that its patent was not exhausted when sold in a commodity mix, arguing that growers can purchase seeds in the commodity mix and plant crops but have no right to use their progeny.

In Monsanto’s argument, Bowman did not infringe on Monsanto’s rights by planting the seeds; infringement occurred when he chose to selectively save the Roundup Ready seeds and use them the following season.

Decision:

Bowman’s argument did not overrule the patent law precedent. The fact that a patented technology can replicate itself does not give a purchaser the right to use those copies. The court found for Monsanto and affirmed the award of damages to Monsanto that a lower court had set at $84,456.
—The U.S. Court of Appeals for the Federal Circuit in Washington, 2011

Bean Counter The Saturday Evening Post

Seed Sources We Love

Seed catalogs have captivated gardeners ever since Englishman David Landreth produced the first American mail order seed catalog in 1784. The D. Landreth Seed Company is still going strong as our love affair with seed catalogs continues. Only, today, there are hundreds of catalogs and thousands of seeds to choose from. Here are some of our favorites sources.

Baker Creek Heirloom Seeds is an extensive collection of heirloom vegetables.

Johnny’s Selected Seeds has everything you’ll need for Mr. McGregor’s vegetable garden and more.

Renee’s Garden Seeds contains a selection of seeds of heirloom and cottage garden flowers, aromatic herbs, and gourmet vegetables from around the world.

At Richters, you’ll find a variety of herbs and a nice selection of vegetables.

Seed Savers Exchange is the largest nongovernmental seed bank in America and keeper of thousands of varieties of heirloom seeds—known for its heirloom vegetable collection.

Select Seeds is where you’ll find old-fashioned flowers, just like Grandma grew.

Thompson and Morgan is an extensive selection of both vegetables and ornamentals straight from England since 1855.

For more than 500 varieties of tomatoes and peppers, visit Tomato Growers Supply Company.

For more information about growing your own seeds, see “Growing Your Own” in the Jan/Feb 2010 issue of The Saturday Evening Post.

Seed Sources We Love The Saturday Evening Post

They were a big hit back in Europe when introduced there by New World explorers in the 1500s. One giant sunflower grown in Padua was said to have reached 40 feet in height. Today the tallest sunflowers, “Mammoth Russians,” grow up to 12 feet. Russian Czar Peter the Great (nearly 7 feet tall himself) discovered sunflowers growing in Holland and started one of the world’s first large cultivation programs. The Russian sunflowers were reintroduced to America in the 1880s and are still available in today’s seed catalogs.

Sunflower growers now have some 2,000 varieties to choose from, from the tallest to the newer dwarf varieties such as Sunspot and Teddy Bear that grow approximately 12 to 18 inches.

At this time of year, sunflowers are at their most glorious, crowning gardens with colors ranging from pale yellow to red, bronze, burgundy, chestnut, mahogany, and white. Actually, Italian white is an extremely pale yellow, shading to nearly white, and looks like a large daisy.

The seeds can be harvested once the flowers have turned brown. Late in the season, you can cut the flower heads off at the stem and hang the flowers upside down in an airy location to allow them to dry. Rub two flower heads together, and allow the seeds to drop onto a sheet or into a container. A small patch of giant sunflowers will produce a lot of seed for your birdfeeder this fall and winter.

Cutting varieties of sunflower such as Italian White, Parasol Mix, and Indian Blanket will branch after cutting, producing many smaller flowers. Many gardeners prefer pollenless varieties such as Prado Red and Velvet Queen, which don’t stain fingers when touched.

Sunflowers are actually composites of 1,000 to 4,000 tiny flowers. The showy flowers around the edge are the male, or “ray,” flowers. The female “disk” flowers are in the middle and produce the seeds. The seeds can be harvested once the flowers have turned brown. Late in the season, you can cut the flower heads off at the stem and hang the flowers upside down in an airy location to allow them to dry. Rub two flower heads together, and allow the seeds to drop onto a sheet or into a container. A small patch of giant sunflowers will produce a lot of seed for your birdfeeder this fall and winter.

For a delicious sunflower seed snack, cover the unshelled seeds with salted water, using ¼ cup salt for two quarts water. Simmer for two hours. Dry the on paper towels. Or soak the seeds overnight in saltwater. Spread the dry seeds on a baking sheet and roast in a 300 F oven for 30 to 40 minutes.  Stir the seeds occasionally, and taste to determine if they are completely roasted. Store the seeds in an air-tight container.  For immediate eating, you can mix the freshly roasted seeds with melted butter or olive oil and favorite seasonings, onion or garlic salt, or Cajun or barbecue powder.

Following the Sun The Saturday Evening Post