The Court considered the question of whether knowingly (or, where one ought to have known) planting and cultivating genetically modified canola constitutes “use” of Monsanto’s patented invention of genetically modified canola cells, even if the crop is not treated with Roundup and the presence of the gene affords no advantage to the farmer. The court ruled in favour of Monsanto, holding that his use of the patented genes and cells was analogous to the use of a machine containing a patented part: “It is no defense to say that the thing actually used was not patented, but only one of its components.” (Supreme Court Decision, Paragraph 78[18]) The court also held that by planting genetically modified Roundup resistant canola, Schmeiser made use of the “stand by” or insurance utility of the invention. That is, he left himself the option of using Roundup on the crop should the need arise.
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