None of our member companies have ever sued a farmer for not using GM seeds. In fact, one of our core principles is, “Respecting farmers’ rights to choose the seeds that are best for their farms, businesses and communities,” whether they choose GM seeds or non-GM seeds.
We have no intention of suing farmers for any reason so long as they abide by the terms of the usage agreements. André Roef, Head of Law, Patents & Compliance Seeds, Bayer, has addressed this topic in a previous response; an excerpt is included below:
Lawsuits generated by biotech companies against farmers mostly center around patent protection issues. Patents are sought to protect intellectual property rights and are a compensation for the investments in time, work and resources to develop new technologies. Patents, in addition to plant protection certificates, have been available on seeds and plants in certain countries, such as the United States and Australia, provided that the legal criteria for patentability are met. Biotech companies sometimes file suit against farmers who intentionally breach their contracts and infringe the patent rights of such companies. However litigation is always a last resort.
Lawsuits against biotech companies initiated by farmers generally involve product claims (e.g. non-performance of the seed under extreme weather conditions) or damage claims because traces of unapproved genetically engineered traits were inadvertently found in their crops.
The full response is available here. If you have any additional questions, please ask.