6/3/2009

Farmers agree to pay damages in seed case

By DUANE SCHRAG

Salina Journal

The farmers accused of illegally using and selling wheat varieties developed by the Kansas State University Research Foundation and a private company have agreed to pay $150,000 in damages.

Defendants in the case are Steve Riffel, Randy Riffel, Riffel Farms and 50 unnamed John Does, farmers described in the complaint as living in Kansas and Colorado. The Riffels operate a farm in Rooks County near Stockton.

The plaintiffs are the KSU Research Foundation, the Kansas Wheat Alliance and Westbred, a company based in Bozeman, Mont.

A consent agreement filed Monday in federal court in Wichita says the defendants agree to pay the Kansas Wheat Alliance $100,000 in damages and Westbred $50,000.

A telephone call Tuesday to Steve Riffel seeking comment was not returned. It's not clear whether or how much money would be collected from the 50 unnamed farmers.

The case centers on the illegal use of the Jagger and Santa Fe hard red winter wheat varieties. Jagger was developed at K-State.

Issued certificate

In early 1996 the Kansas Agricultural Experiment Station was issued a Plant Variety Protection certificate for the seed. A PVP certificate offers patentlike protection to the holder. Farmers are allowed to hold back protected seed to replant on their property, but they are not allowed to sell or give it away for replanting.

According to the complaint, KSU assigned its rights to Jagger to the Kansas State University Research Foundation in 2007; less than a year later, the foundation granted the Kansas Wheat Alliance an exclusive license to make, use and sell Jagger.

Westbred developed Santa Fe and obtained a PVP certificate in 2006.

In November, the Kansas Wheat Alliance sued an Oklahoma farmer for illegal use of protected wheat varieties developed at KSU. That farmer, Clayton Fisher, of Okeene, Okla., agreed to pay $50,000 in damages.

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