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[–] Lodley ago 

Well it depends on why and how the genes are there. As far as accidental contamination Monsanto has never sued for that Here is a Huffpo article of note is the quote "Monsanto's binding representations remove any risk of suit against the appellants as users or sellers of trace amounts". Because Monsanto said it wouldn't, it now can't.

As for intentionally breeding the gene they do sue and win. For Past cases find the actual farmer , for example Percy Schmeiser, and then check Monsanto's list of actual court trials they have their expliantion of the case plus, and this is important, links to the actual case documents from government websites. All the cases that went to trial boil down to someone intentionally trying to breed the patented gene, like > 80% of plants had it, that cannot happen by accident.

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[–] Womb_Raider ago 

What is your occupation?

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[–] Lodley ago 

What does that matter?