Information NELSON vs. MONSANTO


There has been no resolution of issues as a result of this arbitration hearing. Monsanto failed to participate in the hearing without good cause. However, Nelson Farm still wished to participate and did participate in the arbitration hearing, presenting a case on the issues for resolution by the Board, notwithstanding Monsanto's absence. The greater weight of the evidence show the Nelson Farm does not owe Monsanto any damage for patent infringement, conversion, or unjust enrichment because the evidence presented shows that none of these occurred. Monsanto has presented no evidence proving its case and Nelson Farm has presented substantial evidence disproving Monsanto's case. Accordingly, the ALJ recommends that the issue of this dispute in their seed transaction be resolved by Monsanto seeking to have dismissed any action it may have pending for damage claims arising out of RR soybean seed transactions with Nelson Farm for patent infringement, conversion, or unjust enrichment


Dated at Bismarck, North Dakota, this 6th day or April, 2001.

State of North Dakota
Seed Arbitration Board
Hearing Officer

By: Allen C. Hoberg
Administrative Law Judge
Office of Administrative Hearings
1707 North 9th Street
Bismarck, North Dakota 58501-1882
Telephone: (701) 328-3260


Copyright   2004