My error, I could have sworn it was US caselaw. However the Canadian Supreme Court denied Monsanto any monetary gain from Schmeiser, even the court costs, and further, according to the "defendant":
...the Supreme Court of Canada ruled that Monsanto owns and controls the gene if they have a patent on it. And that, I think, was a major loss for Monsanto, because if you own and control the gene and it gets out of control, you have a massive liability issue!
http://www.gmfreeireland.org/interviews/schmeiser.php Michael Perelman wrote:
Yes, it was cross pollinated, which was my point, but the case was heard in Canada, not the US.
