ST. LOUIS – A Missouri seed company has filed a lawsuit against a South Carolina farmer accusing him of knowingly and willfully infringing on its patented seed technologies by planting seeds saved from a prior crop.
Bayer CropScience and Monsanto Technology filed a federal lawsuit November 6 against Jimmy Calder and Calder Farms citing allegations of patent infringement and breach of contract.
According to court documents, Bayer CropScience holds patents for seed technologies and licenses them to growers. The plaintiffs claim that on March 16, 2023, they entered into an agreement with Calder, a farmer with an operation in South Carolina, allowing him the purchase and use of soybean seeds with Bayer's patented seed technology.
The plaintiffs say the agreement specifically prohibited the transfer of saved seeds. According to the plaintiffs, Calder breached the agreement by saving seeds from a prior harvest and using them to plant a new crop of soybeans instead of purchasing seeds from authorized retailers as stipulated in the license agreement. These saved seeds allegedly contained Bayer's seed technology, leading to the infringement of the company's patent rights.
The plaintiffs are seeking damages, including treble damages for willful infringement, plus interest, attorney fees, court costs, and other relief. Additionally, they are seeking an injunction against Calder prohibiting him from the transfer, saving and use of the defendant's patented technology.
They are being represented by Daniel C. Cox, Jeffrey A. Masson and Matthew S. Bober of Thompson Coburn in St. Louis.
U.S. District Court for the Eastern District of Missouri case number 4:23-cv-01417