Study Aids
Case Briefs Overview
Casebooks
Case Briefs
M

Monsanto Canada Inc. v. Schmeiser

[2004] 1 S.C.R. 902 (2004)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Monsanto Canada Inc. v. Schmeiser

Canada Supreme Court
[2004] 1 S.C.R. 902 (2004)

RW

Facts

Monsanto Canada Inc. (Monsanto) (plaintiff) patented a genetic-modification process in order to make genetically modified canola genes and cells, which Monsanto also patented. Percy Schmeiser (defendant), the owner of a large-scale commercial farm, somehow acquired some of this genetic material and grew the material into seeds from which Schmeiser cultivated a large canola crop. When it came to light that Schmeiser had done so without licensing Monsanto’s patent, Monsanto sued Schmeiser for patent infringement. The trial court found that Schmeiser himself did not replicate Monsanto’s patented process, genes, or cells. However, the court ruled that the evidence was insufficient to overcome the presumption that Schmeiser deliberately used Monsanto’s patented genes and cells to cultivate seeds and plants for commercial purposes, thereby infringing Monsanto’s patent. The court entered judgment for Monsanto and was upheld by an intermediate court on appeal. Schmeiser appealed to the Supreme Court of Canada.

Rule of Law

Issue

Holding and Reasoning (McLachlin, C.J.)

Dissent (Arbour, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Patent

Key Terms