The dismissal of a lawsuit challenging Monsanto’s GMO (genetically modified organism) patents and its right to sue farmers whose crops are contaminated by genetically modified seed has been appealed by organic farming organizations and other anti-biotechnology interests.

The suit, Organic Seed Growers and Trade Association (OSGATA) et al vs. Monsanto, was dismissed in federal district court in Manhattan, NY, on Feb. 24. Judge Naomi Buchwald ruled that the plaintiffs had not been harmed by Monsanto and criticized them for “a transparent effort to create a controversy where none exists.”

The U.S. Court of Appeals for the Federal Circuit will hear the appeal, which seeks to reinstate the case.

“Our right to farm the way we choose, and to grow pure organic seed and healthy food on our farms for our families and for our customers is under assault," says Jim Gerritsen, a Bridgewater, ME, organic seed grower and OSGATA president. “We are honor-bound to challenge an erroneous ruling which denies family farmers the protection the law says we deserve.”