Canada's Supreme Court Decision May 21 on Percy Schmeiser/Monsanto Case

Canada's top court to rule on Monsanto case Friday
Reuters, 05.17.04, 2:16 PM ET

OTTAWA, May 17 (Reuters) - A high-profile legal case over whether a
Canadian farmer infringed on biotech patents held by Monsanto Co. (nyse:MON
- news - people) will be settled once and for all by Canada's top court on
Friday, officials said on Monday.

The seven-year fight between Monsanto and Percy Schmeiser has turned the
Saskatchewan farmer into a poster-boy for farmers around the world who want
to stop the proliferation of genetically modified organisms (GMOs).

Monsanto has already won two lower-court judgments against Schmeiser,
arguing he used its genetically modified canola without a license. The grain
has been genetically modified to be resistant to Monsanto's herbicide
Roundup.

But Schmeiser says the canola that grew on his farm came from seeds that
blew in from other fields or from passing trucks. The Supreme Court will
deliver its verdict at 9:45 a.m. (1345 GMT) on Friday.

Monsanto says independent tests of his farm found that 1,030 acres were 95
percent to 98 percent tolerant to Roundup -- a level contested by the
farmer.

The dispute initially arose from Schmeiser's 1997 crop, which had a high
degree of Roundup Ready canola in it. Schmeiser used some of his harvest to
plant his 1998 crop, despite warnings from Monsanto.