You are hereby notified that Monsanto Company does not authorize Greg, Roger, Rodney Nelson Farms Enterprises ("Nelsons"), or any entity in which the Nelsons have any interest or participates in any way, to possess, make, use or transfer any product containing Monsanto's patented biotechnology, (including and commercially available seed containing Monsanto's patented traits) such as Roundup Ready® and YieldGard®.
If the Nelsons, or any entity in which the Nelsons have any interest or participate in any way, have paid for any product containing Monsanto's patented biotechnology that has not been delivered or picked up, please issue a return/refund pursuant to your own policies.
As you know, products containing Monsanto's patented biotechnology are protected by various patents issued to Monsanto under the laws or the United States.
If you have any questions, please call.
Thompson Coburn LLP
Daniel C. Cox
cc: Mark Fraase
Approximately 290 of these letters were sent out for seed dealers to stop selling to the Nelsons, even though Monsanto has no evidence of the use of their patented technology.
You are hereby notified that Monsanto Company does not authorize Greg, Roger, Rodney Nelson Farms Enterprises ("Nelsons"), or any entity in which the Nelsons have any interest or participates in any way, to possess, make, use or transfer any product containing Monsanto's patented biotechnology, (including and commercially available seed containing Monsanto's patented traits) such as Roundup Ready® and YieldGard®, from this day forward.
As you know, products containing Monsanto's patented biotechnology are protected by various patents issue to Monsanto under the laws of the United States. Monsanto considers the protection of its technology a most serious matter and will take all necessary steps to protect its rights.
This letter is being sent to put the Nelsons on notice that in the event they, or any entity in which the Nelsons have any interest or participate in any way undertake in any of these activities, such actions will constitute willful violation of Monsanto's patent rights, and Monsanto will pursue all remedies available to it.
Please advise your client accordingly,
Thompson Coburn LLP
By Daniel C. Cox
To Whom is May Concern:
My name is Roger Nelson. I am writing this letter on behalf of myself and my two sons, Greg and Rodney. Recently, you received a letter from the Monsanto Company informing you that you are forbidden to sell any seed products containing patents by Monsanto to the Nelsons. Because of the defamatory nature of this letter, we felt it necessary to set the record straight with you, and the 280 other seed dealers that received the same letter. Enclosed is a summary of the finding of the North Dakota State Arbitration Board, signed by Judge Holberg, who presided over that hearing. We are obviously innocent of Monsanto's claim that we saved Roundup Ready soybean seed, and replanted it the following year. Why Monsanto continues this sort of harassment against us, only God knows. We assume it is their PR strategy to use us to scare other farmers from saving seed. We have learned we are not alone. We have been overwhelmed with communications from other family farmers from across the country that are enduring the same nightmare as us.
Our family has been share renting farms for over 75 years on a handshake because we have always been honest and fair with people. It has been heart wrenching to watch our reputations be destroyed when we are innocent.
Please feel free to pin up the summary of finding on your bulletin board. I think it's important that people read the facts of our case and also realize the mentality of the Monsanto Corporation.
Roger Nelson and Family
Dear Mr. Nelson:
This will confirm that we mutually agreed to terminate the about referenced Seed Production Agreement under which the Nelson Farms was to produce 600 acres or Roundup Ready® soybeans for Mycogen Seeds. This termination is a result of the letter you received from Monsanto stating that Nelson Farms and its principals have no authority to produce and Roundup Ready seed.
As we also agreed, the termination of the above referenced Seed Production Agreement between Nelson Farms and Mycogen Seeds is without obligation or liability of either party to the other.
If you should have any questions or comments, please do not hesitate to contact me. I wish all the best in the future.
John R. Eischens
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