On July 18, 2012 eleven prominent law professors and fourteen renowned organic, biodynamic, food safety and consumer non-profit organizations have filed separate briefs with the Court of Appeals for the Federal Circuit arguing farmers have the right to protect themselves from being accused of patent infringement by agricultural giant Monsanto.

The suit was originally filed in the New York courts in March 2011, but was dismissed February 24, 2012. The presiding judge found that the plaintiffs had "no injury traceable to defendants" and did not present an immediate controversy worthy of declaratory relief. The February 24, 2012 ruling was quickly appealed on March 28, 2012.

"The law says we deserve protection under the Declaratory Judgment Act. We will continue to pursue our right to farm, and the right of our customers to have access to good clean food and seed", said Jim Gerritsen, President of lead plaintiff Organic Seed Growers and Trade Association (OSGATA).

Every year Monsanto investigates over 500 farmers for patent infringement with their now notorious "seed police." To date, 144 farmers without contracts with Monsanto have had lawsuits brought against them by Monsanto, while another 700 farmers have been forced to settle out of court for undisclosed sums.

"It's time to end Monsanto's scorched-earth campaign of frivolous lawsuits against America's family farmers. Monsanto's claims against farmers for patent infringement are exceedingly weak, violating Americans' most basic sense of fairness and decency. Our Founding Fathers would be outraged", said Dave Murphy, founder and executive director of Food Democracy Now!