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Del Monte files appeal in case over illegally sold pineapples

After the district court ruled that Inversiones y Procesadora Tropical, S.A (INPROTSA) did not have to pay $39.7 million in disgorgement, appellant Del Monte International Ltd filed an initial brief earlier this week in the Eleventh Circuit against INPROTSA, along with senior officers Jorge Luis Gurria Hernandez and Manuel Gurria Ordonez.

In 2001, Del Monte and INPROTSA signed a Pineapple Sales Agreement in which “Del Monte provided INPROTSA with approximately 61 million scarce and expensive ‘MD-2’ variety pineapple seeds (valued in excess of $25 million) and extensive technical expertise to transition INPROTSA’s Costa Rican pineapple plantation from an obsolete variety to an extra sweet variety […] that is sold in supermarkets throughout the world today.”

However, Del Monte alleged that INPROTSA agreed to return or destroy all “MD-2 vegetative materials” after the agreement expired in 2013, which they did not do. The appellant further claimed that INPROTSA continued to sell the MD-2 pineapples for their own benefit, “pocket[ing] $39,732,469 in ill-gotten revenues from prohibited pineapple sales.”

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