Isn’t this the equivalent of if your neighbors prize bull got out and impregnated your entire herd of cows, trying to then sue your neighbor for theft of property?
From what I've read it'd be more equivalent of the bull getting out, you hearing about it and going to look for the bull, then forcing the bull to inseminate all your cows knowing that your neighbor typically charges $10k per.
I don't think this is an accurate characterization of the issue, if you are referencing the Schmeiser case then that wasn't the basis for Monsanto's complaint (although it was the basis of his failed defence).