Polluted-pays Farmers could be liable for 'genetic pollution'

A worrying development here is that a farmer has been succesully sued by Monsanto for growing patented crops and the fact that it was as a result of 'pollution' and not deliberate was not deemed to be a defense. Now I'm not necessarily agin all gmo's but this is clearly contrary to natural justice. Polluter pays? -Surely should, even if the pollution is genetic.