I believe Monsanto sued a farmer accidentally pollenated with their patented genome, wind borne. I believe Monsanto won: he had to pay in some form or another. Not surprisingly, other organic farmers have sued when their non-GM crops were tainted by windborne patent encumbered pollen, and I believe they sometimes lose and sometimes win. It depends.
No, Monsanto sued a farmer who concentrated glyphosate resistant traces in his soybeans by spraying his field with that herbicide. Had he not done that, Monsanto would have done nothing (and likely could have done nothing). The courts properly recognized the farmers conduct as willful patent infringement.
indeed as you said: "The Supreme Court found that Schmeiser’s actions constituted infringement. Monsanto’s evidence at trial, estimating that 95-98% of Schmeiser’s 1000+ acres contained canola plants with its patented gene, convinced the Supreme Court that the infringing gene’s presence was too pervasive to be caused entirely by accidental delivery."
Those aren't plant patents, those are DNA patents, completely different from the plant patents being discussed here. The patent there is on the dna sequence, not the plant. If you took that dma sequence, cloned it into yeast, amd started fermenting the enzymes the sequences produced, you'd also be 8 fringing that patent - jt has nothing to do with the pollen or the plant, the plant just happens to be what the patented item is in.
