That appears to be the case with the farmers though. In this article and with the Canadian farmer some years back, they were both shown to have intentionally taken the technology directly and tried to reproduce it for themselves.

I don't know if there is a court case where the farmer truly had replanted seed of their own with the technology accidently pollinating it.

Keep in mind too that these court cases are closed, and that Monsanto can be using technology to prove their cases - technology which is not public information.