Let's say you sue for an entire year's worth of crops and you win. Then you win the appeal. And you win the appeal of the appeal. All the way up the chain. For 10 years, you win on every level.

But you never plant another crop and you go out of business. At this point, Monsanto owns the world of agriculture. If you are planting something that is not owned by Monsanto, you are losing. Monsanta-engineered crops have such a higher yield that to plant anything else would wipe out your profit margin. The higher yield is magnified by the fact that non-Monsanto crops planted anywhere near Monsanto crops are dying from Monsanto herbicides.

It's simple math. No farmer can survive 10 years of losses due to inferior production. The giants like ADP won't go after Monsanto because they have not been affected. They are already using Monsanto seed. Young independents won't go after Monsanto because the only way they can compete against the ADPs is to use Monsanto.

So you have a few handfuls of old farmers who are ready to retire and have no family who want to carry on. They are going to sell out to some cookie-cutter subdivision developer anyway, so maybe they could be enticed into an otherwise suicidal court case. Or maybe they don't have the energy for it.

Those who win (iffy at best) will not win a real windfall. No court is going to give Monsanto a death sentence. And the farmers will have a hardtime arguing too much harm when they still got 50% of their crop harvested and made $millions$ by selling the land. Mansanto can absorb a million dollar settlement here and there.

If I'm Monsanto, I'm not worried.

If I'm a no-holds-barred in-it-for-the-buck securities advisor, I'd say "buy Monsanto." I might also say, "short Whole Foods" because their supply is dwindling and their prices have to go up. If I'm a save-the-world stop-injustice activist, I'm looking for new sources of significant capital to stem the tide. And I'll keep fighting on because it was a dim prospect from the beginning anyway.