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Lawsuit alleges DuPont and Valmont Industries took firm’s irrigation ideas
 


By STAN MADDUX
Indiana Correspondent

TAMPA, Fla. — A lawsuit has been filed in federal court alleging two giants in the agriculture industry stole their ideas in the making of a new irrigation product.
Developmental Technologies, LLC (DTL) is suing DuPont and Valmont Industries in U.S. District Court in Tampa. DTL, based in Bradenton, Fla., is asking for a preliminary and permanent restraining order to stop both companies from further using its trade secrets and ideas, along with an unspecified amount of damages. Specifically, DTL, a private research and development company, wants the court to order DuPont and Valmont Industries to stop moving forward with a new irrigation product that has features DTL alleges were illegally obtained from its new Eco-Ag irrigation system.
It’s alleged in the Nov. 2 lawsuit that the companies during meetings with DTL obtained technical, installation and other information that went into the making of DTL’s Eco-Ag product and used the data for developing their Root Demand subsurface irrigation system product.
Starting in 2009, DTL stated DuPont and Valmont had contacts with several employees of DTL for the purpose of establishing a potential relationship among the three companies over the Eco-Ag product. DuPont and Valmont that same year signed the first of at least two non-disclosure and non-use agreements, establishing guidelines for use and disclosure of confidential information that would be disclosed to the firms by DTL during attempts to establish a relationship among the businesses, according to the lawsuit.
The contacts included on-site visits to DTL by representatives of DuPont and Valmont to learn about irrigation processes and the Eco-Ag product, and included in the education  materials given by DTL to both firms were notes and images about the Eco-Ag product. DuPont in 2010 entered into discussions with Valmont Industries about the Eco-Ag product, and DTL gave both companies “limited permission” to discuss the confidential information between themselves, according to the lawsuit. Permission was first granted after DuPont requested additional time to decide whether to enter into a business relationship, and was given a December deadline to engage in those discussions, it continues.
However, the lawsuit alleges DuPont was deceptive in expressing interest in striking a relationship with DTL by establishing unrealistic benchmarks that DuPont knew were unreasonable or unattainable. DuPont soon entered into talks with Valmont about their interest and any concerns about the new Eco-Ag product and the proposed DTL relationship.
It’s further alleged in the lawsuit that both firms in a partnership are now developing and launching a new crop irrigation product that uses several features of the information DTL labeled as confidential in its non-disclosure and non-use agreements about its Root Demand Irrigation system.
The lawsuit also alleges DTL’s confidential product information is being dispersed to other third-party sources to benefit themselves or to serve as a detriment to DTL. Other allegations in the lawsuit include misappropriate of trade secrets, unfair competition, breach of contract and violations of Florida’s Deceptive and Unfair Trade Practices Act.
Woodrow Pollack, an attorney representing DTL in the case, would not disclose the amount of damages being sought except to say “it’s significant.” He also said non-disclosure agreements are common whenever companies are revealing secrets about their products while discussing potential business relationships. He pointed out confidential information, although disclosed to companies for the purposes of discussing a potential business relationship, are not supposed to be used for the benefit of the receiving companies and detriment of the firm sharing the data if a business relationship never materializes.
In general, Pollack said “there are contracts between parties that say what you can do with the type of information that will be shared, and it’s not uncommon to restrict the usage only for the purposes relating to the business transaction or deal that’s causing the parties to get together and talk secretly.”
When reached, a Valmont representative said the complaint had not yet been seen, and the company typically does not respond to requests on comment for pending lawsuits.
DuPont when contacted also did not offer a response. According to DTL, its Root Demand Irrigation product is a low-pressure system for irrigation and fertigation, with tubes that react to the fluids in the plant for supplying water without gaps in coverage. Valmont Industries, founded in 1946, is an international leader in engineered products and services for infrastructure and water-conserving irrigation equipment for agriculture, according to the company’s website. DuPont, also well established worldwide, specializes in world-class science and engineering to develop products and services designed to tackle unprecedented challenges in a host of areas including agriculture, the company’s website stated.
Pollack said the defendants have not yet filed a response to the allegations with the court because although they have been provided copies of the complaint, they have not been formally served with the lawsuit.
11/26/2014