DCT
1:18-cv-00827
Deere & Co v. AGCO Corp
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Deere & Company (Delaware)
- Defendant: AGCO Corporation (Delaware)
- Plaintiff’s Counsel: Young Conaway Stargatt & Taylor LLP; Covington & Burling LLP
- Case Identification: 1:18-cv-00827, D. Del., 07/11/2018
- Venue Allegations: Venue is alleged to be proper as Defendant is a Delaware corporation and has allegedly committed acts of infringement and maintains a regular and established place of business in the district.
- Core Dispute: Plaintiff alleges that Defendant’s agricultural planters, particularly those incorporating seed metering and delivery systems from its subsidiary Precision Planting, infringe thirteen patents related to high-speed, high-accuracy seed placement technology.
- Technical Context: The technology concerns precision agriculture, specifically planter row units designed to overcome the accuracy limitations of traditional gravity-fed systems, thereby enabling farmers to plant seeds faster while maintaining precise spacing for improved crop yields.
- Key Procedural History: The complaint alleges that Plaintiff provided Defendant’s subsidiary, Precision Planting, with notice of four of the patents-in-suit via a letter on August 11, 2017. It further alleges Defendant had knowledge of eight additional patents-in-suit as of the filing of an earlier complaint on June 1, 2018, and of the final patent as of its issuance date. Defendant acquired Precision Planting on or about September 1, 2017.
Case Timeline
| Date | Event |
|---|---|
| 2009-02-02 | Earliest Priority Date for all Asserted Patents |
| 2014-03-18 | U.S. Patent No. 8,671,856 Issued |
| 2014-08-26 | U.S. Patent No. 8,813,663 Issued |
| 2014-10-07 | U.S. Patent No. 8,850,998 Issued |
| 2016-11-01 | U.S. Patent No. 9,480,199 Issued |
| 2016-12-06 | U.S. Patent No. 9,510,502 Issued |
| 2017-05-30 | U.S. Patent No. 9,661,799 Issued |
| 2017-06-27 | U.S. Patent No. 9,686,906 Issued |
| 2017-07-11 | U.S. Patent No. 9,699,955 Issued |
| 2017-08-11 | Plaintiff allegedly sent letter to Precision Planting identifying ’663, ’199, ’998, and ’955 patents |
| 2017-09-01 | Defendant acquired assets of Precision Planting |
| 2017-11-07 | U.S. Patent No. 9,807,922 Issued |
| 2017-11-07 | U.S. Patent No. 9,807,924 Issued |
| 2017-11-21 | U.S. Patent No. 9,820,429 Issued |
| 2018-01-18 | U.S. Patent No. 9,861,031 Issued |
| 2018-06-01 | Plaintiff filed prior complaint, allegedly providing notice of eight patents |
| 2018-06-26 | U.S. Patent No. 10,004,173 Issued |
| 2018-07-11 | First Amended Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,813,663 - “Seeding Machine with Seed Delivery System”
The Invention Explained
- Problem Addressed: The patent describes that conventional gravity-drop seed tubes lead to "[u]ndesirable variation in resultant in-ground seed spacing," a problem "exacerbated by higher travel speeds" which cause seeds to "bounce and tumble in somewhat random patterns as each seed comes to rest in the trench" (’663 Patent, col. 1:60-2:3).
- The Patented Solution: The invention is a seed delivery system that actively captures a seed from the seed meter, moves it down a controlled path, and "accelerates the seed rearward to a horizontal velocity approximately equal to the forward travel speed of the seeding machine" (’663 Patent, col. 2:23-28). This process is intended to give the seed a "low or zero horizontal velocity relative to the ground" upon discharge, reducing tumbling and improving spacing accuracy (’663 Patent, col. 2:28-32). Figure 3 of the patent illustrates a system with a brush belt (64) that receives a seed (56) from a metering disk (50) at a nip point (88) and transports it to a lower opening (78) (’663 Patent, Fig. 3).
- Technical Importance: This approach aimed to break the trade-off between planting speed and seed placement accuracy, a critical constraint in maximizing agricultural productivity during narrow planting windows (Compl. ¶¶ 33-34).
Key Claims at a Glance
- The complaint asserts at least independent claim 1 (Compl. ¶113).
- The essential elements of claim 1 are:
- A seeding machine, comprising:
- a seed meter having a metering disk with apertures to adhere and move seeds;
- a seed delivery system including:
- a housing with a lower opening for discharge;
- a single endless member (e.g., a belt) disposed around a drive pulley and an idler pulley, which engages and moves seed to the lower opening; and
- a loading wheel that engages seeds on the metering disk and guides them into the single endless member.
- The complaint does not explicitly reserve the right to assert dependent claims for this patent.
U.S. Patent No. 9,480,199 - “Seeding Machine with Seed Delivery System”
The Invention Explained
- Problem Addressed: The patent addresses the same problem of inaccurate seed spacing caused by gravity-drop systems, where "individual seeds...bounce and tumble in somewhat random patterns" in the trench, a problem amplified at higher speeds (’199 Patent, col. 1:62-2:5).
- The Patented Solution: This invention also describes a controlled seed delivery system, but the claim focuses on the hand-off mechanism from the meter to the delivery system. It claims a "blocking loading surface" that physically blocks the seed's continued movement with the metering member ("the first path") and facilitates its "redirection and movement" into the delivery system's path ("the second path") toward the discharge position (’199 Patent, Claim 1). This ensures a controlled transfer from one system to the other (’199 Patent, col. 2:25-34).
- Technical Importance: The claimed solution focuses on the reliability of the transfer between the metering and delivery components, a critical juncture for maintaining the precise seed spacing established by the meter.
Key Claims at a Glance
- The complaint asserts at least independent claim 1 (Compl. ¶136).
- The essential elements of claim 1 are:
- A seeding machine comprising:
- a seed meter configured to move seeds along a first path to a release position;
- a delivery system which moves the seeds in a second path from the release position to a discharge position; and
- a blocking loading surface which blocks movement along the first path and permits redirection and movement along the second path.
- The complaint does not explicitly reserve the right to assert dependent claims for this patent.
U.S. Patent No. 9,807,922 - “Seeding Machine with Seed Delivery System”
- Technology Synopsis: This patent relates to a seed delivery apparatus with an elongated housing and an endless member. The claims focus on a "loading surface stationary relative to the elongated housing" that is positioned to contact and guide seed from the meter toward the endless member (’922 Patent, Claim 1).
- Asserted Claims: At least independent claim 1 is asserted (Compl. ¶156).
- Accused Features: The complaint alleges that the Accused Infringing Products, when equipped with an optional "soybean deflector," contain the claimed stationary loading surface (Compl. ¶164).
U.S. Patent No. 9,820,429 - “Seeding Machine with Seed Delivery System”
- Technology Synopsis: This patent claims a row unit for a seeding machine. The claims are directed to a seed delivery apparatus with an endless member positioned within the seed meter's housing, such that the endless member moves across at least one of the metering member's apertures to take the seed (’429 Patent, Claim 1).
- Asserted Claims: At least independent claim 1 is asserted (Compl. ¶179).
- Accused Features: The complaint alleges the SpeedTube product's endless member is positioned within the vSet meter's housing to move across the metering disk apertures (Compl. ¶186).
U.S. Patent No. 8,850,998 - “Planting Unit for a Seeding Machine Having a Seed Meter and Seed Delivery System”
- Technology Synopsis: This patent claims a planting unit with a seed meter having a rotating metering member with a sidewall. The inventive concept appears to be a mechanical seed delivery system that takes seed from the metering member and "sweep[s] seed in a direction substantially cross-wise to a direction of travel of the seed on the metering member" (’998 Patent, Claim 2).
- Asserted Claims: At least independent claim 2 is asserted (Compl. ¶201).
- Accused Features: The complaint alleges the SpeedTube product takes seed from the vSet meter and sweeps it in a substantially cross-wise direction relative to the seed's travel path on the rotating meter disk (Compl. ¶¶ 205-206).
U.S. Patent No. 9,699,955 - “Seeding Machine with Seed Delivery System”
- Technology Synopsis: This patent claims a seeding machine with a seed delivery apparatus and a seed meter. The claim focuses on the presence of a "nip proximate the first opening [of the delivery apparatus] and through which seed from the seed meter passes," with the seed being carried to the nip by air pressure differential (’955 Patent, Claim 1).
- Asserted Claims: At least independent claim 1 is asserted (Compl. ¶222).
- Accused Features: The complaint alleges the Accused Infringing Products create the claimed nip where the seed is transferred from the vSet meter to the SpeedTube (Compl. ¶228).
U.S. Patent No. 9,807,924 - “Seeding Machine with Seed Delivery System”
- Technology Synopsis: This patent claims a seed delivery apparatus where the endless member is "shaped to maintain contact with a top of each seed conveyed by the endless member" between the housing's first and second openings (’924 Patent, Claim 1). This suggests a feature to prevent seeds from jostling within the delivery path.
- Asserted Claims: At least independent claim 1 is asserted (Compl. ¶243).
- Accused Features: The complaint alleges the SpeedTube's flighted belt is shaped to maintain contact with the top of the seeds it conveys (Compl. ¶247).
U.S. Patent No. 9,686,906 - “Seed Machine with Seed Delivery System”
- Technology Synopsis: This patent claims a seed delivery apparatus with an endless member that conveys seed from a first opening "at a first velocity," then "accelerate[s] seed toward the second opening," and discharges it "at second velocity greater than the first velocity" (’906 Patent, Claim 1).
- Asserted Claims: At least independent claim 1 is asserted (Compl. ¶262).
- Accused Features: The complaint alleges the SpeedTube's belt accelerates the seed as it moves from the top intake to the bottom discharge (Compl. ¶266).
U.S. Patent No. 8,671,856 - “Planting Unit for a Seeding Machine Having Blocking Member to Control Hand-Off of Seed From a Seed Meter to a Seed Delivery System”
- Technology Synopsis: This patent claims a planting unit with a "blocking member" located adjacent to the seed's path on the meter, "immediately preceding the release position." This member prevents the seed from moving in the delivery system's direction "until the seed has passed the blocking member" (’856 Patent, Claim 1).
- Asserted Claims: At least independent claim 1 is asserted (Compl. ¶281).
- Accused Features: The complaint alleges that components of the SpeedTube act as the claimed blocking member, controlling the hand-off from the vSet meter (Compl. ¶286).
U.S. Patent No. 9,661,799 - “Planting Unit Having a Seed Meter and an Endless Seed Delivery System”
- Technology Synopsis: This patent is similar to the ’998 Patent, claiming a planting unit with a seed meter and a mechanical delivery system that sweeps seed "substantially cross-wise" to its direction of travel on the metering member. A key distinction appears to be that the apertures adhere seed to the "inner surface" of the metering member's sidewall (’799 Patent, Claim 1).
- Asserted Claims: At least independent claim 1 is asserted (Compl. ¶301).
- Accused Features: The complaint alleges the SpeedTube sweeps seed from the inner surface of the vSet metering member in a cross-wise direction (Compl. ¶¶ 304-305).
U.S. Patent No. 9,861,031 - “Seeding Machine with Seed Delivery System”
- Technology Synopsis: This patent claims a seeding machine with a seed delivery apparatus having a "loading surface movable with respect to the endless member." This movable surface is positioned to contact and guide seed from the meter into the delivery apparatus (’031 Patent, Claim 1).
- Asserted Claims: At least independent claim 1 is asserted (Compl. ¶320).
- Accused Features: The complaint alleges that the feeder wheels of the SpeedTube product constitute the claimed movable loading surface (Compl. ¶328).
U.S. Patent No. 9,510,502 - “Planting Unit for a Seeding Machine Having Blocking Member to Control Hand-Off of Seed From a Seed Meter to a Seed Delivery System”
- Technology Synopsis: This patent claims a method of transferring seed to a furrow. The key step involves discharging the seed with a "directional component equal and opposite to the seeding direction and at a speed in the directional component approximately equal to the seeding speed," thereby canceling its forward momentum relative to the ground (’502 Patent, Claim 13).
- Asserted Claims: At least independent claim 13 is asserted (Compl. ¶343).
- Accused Features: The complaint alleges that use of the SpeedTube product involves performing the claimed method steps, including discharging seed with a rearward velocity that matches the planter's forward speed (Compl. ¶350).
U.S. Patent No. 10,004,173 - “Seeding Machines With Seed Delivery System”
- Technology Synopsis: This patent claims a seeding machine comprising a seed metering system, a seed transfer device adjacent to it, and a seed delivery system. The claim specifies the "seed transfer device transfers seed from the seed metering system to the seed delivery system through the first opening of the seed delivery system" (’173 Patent, Claim 1).
- Asserted Claims: At least independent claim 1 is asserted (Compl. ¶365).
- Accused Features: The complaint alleges the SpeedTube's upper components constitute a seed transfer device that performs the claimed function of transferring seed from the vSet meter into the delivery system's housing (Compl. ¶¶ 369, 372).
III. The Accused Instrumentality
Product Identification
- The accused instrumentalities are agricultural planter components designed, manufactured, and sold by Defendant and/or its subsidiary, Precision Planting. They primarily include the "vSet Classic" and "vSet 2" seed meters (collectively "vSet Products") and the "SpeedTube" seed delivery system (Compl. ¶¶ 68, 76). The complaint also accuses the combination of a vSet Product with a SpeedTube, termed an "Accused Precision Planting Product," and this combination when installed on Defendant's "White Planter Products," termed an "Accused Combined Product" (Compl. ¶¶ 89, 97).
Functionality and Market Context
- The vSet Products are seed meters that use a vacuum-based system with a rotating disk to isolate individual seeds from a bulk hopper (Compl. ¶¶ 72, 75). Figure 7 from the complaint shows the vSet Classic and vSet 2 seed meters, which are the starting point of the accused process (Compl. ¶72; Compl. Fig. 7). The SpeedTube is a seed delivery system designed to replace a traditional gravity-drop tube. It uses "feeder wheels at the top" to "grab the seed from the disk and deposit it into a flighted belt that controls the seed all the way to the bottom of the trench" (Compl. ¶80). Figure 11 from the complaint depicts this "Grab It" operation, where feeder wheels actively transfer a seed from the metering disk to the belt (Compl. ¶80; Compl. Fig. 11). The belt's speed is designed to match the planter's ground speed, accelerating and discharging the seed rearward to minimize bounce and roll in the furrow (Compl. ¶¶ 83-84).
- The complaint alleges these products are marketed as enabling farmers to "plant two times faster without sacrificing accuracy" (Compl. ¶85). It further alleges that Defendant's White Planter 9800VE Series products are sold featuring the vSet meters and the SpeedTube as original equipment (Compl. ¶¶ 99, 102, 104).
IV. Analysis of Infringement Allegations
’663 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a seed meter having a metering disk with a plurality of apertures in a circular array adapted to adhere seeds to the metering disk... | The accused vSet Products are seed meters with a rotating metering disk containing apertures that use a vacuum to adhere seeds. | ¶116 | col. 3:34-40 |
| a seed delivery system associated with said seed meter, said seed delivery system including: | The accused SpeedTube product is a seed delivery system associated with the vSet seed meter. | ¶117 | col. 3:30-33 |
| a housing for seed from said metering disk, the housing having a lower opening through which seed is discharged; | The SpeedTube has a housing that receives seed from the vSet meter's disk and has a lower opening for discharging the seed into the furrow. | ¶118 | col. 3:48-62 |
| a single endless member within said housing disposed around a first drive pulley and a second idler pulley... | The SpeedTube contains a single endless member (a flighted belt) disposed around pulleys. | ¶119 | col. 3:52-57 |
| a loading wheel engaging seeds adhered to the metering disk and moving along the seed path and guiding the seed into the single endless member... | The SpeedTube's "feeder wheels" allegedly engage seeds on the metering disk, move along the seed path, and guide them into the flighted belt. Figure 29 from the complaint illustrates this handoff. | ¶121 | col. 3:63-4:25 |
Identified Points of Contention:
- Scope Questions: A central dispute may be whether the "feeder wheels" of the accused SpeedTube (Compl. ¶80) meet the definition of a "loading wheel" as recited in the claim. The analysis will question whether the structure and operation of the accused feeder wheels, which allegedly "grab the seed from the disk," correspond to the claimed function of "engaging" and "guiding" the seed into the endless member as described in the patent (’663 Patent, col. 4:16-25).
- Technical Questions: The complaint alleges the feeder wheels perform the claimed functions, supported by a marketing graphic captioned "Grab It" (Compl. Fig. 29). A technical question will be what mechanical action constitutes "guiding the seed into the single endless member." Does the accused product's active "grabbing" and "depositing" action perform this function, or is there a technical distinction between that and the passive "guiding" potentially described by the patent's embodiment?
’199 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a seed meter which includes a metering member... the seed meter configured to move individual seeds sequentially along a first path to a release position; | The accused vSet Products are seed meters that move individual seeds along a rotational path (the first path) to a release position where they are handed off to the SpeedTube. | ¶139 | col. 4:21-23 |
| a delivery system which moves the individual seeds in a second path from the release position to a discharge position... | The accused SpeedTube is a delivery system that moves seeds along a second path (down its housing via the belt) from the release position to a discharge position in the furrow. | ¶140 | col. 4:23-25 |
| a blocking loading surface which blocks movement of the individual seeds along the first path and permits redirection and movement of the individual seeds along the second path... | The complaint alleges the SpeedTube's feeder wheels and associated structures constitute a "blocking loading surface" that stops the seed's travel with the meter disk and redirects it into the SpeedTube's belt. Figure 35 is provided as evidence. | ¶141 | col. 4:25-34 |
Identified Points of Contention:
- Scope Questions: The case may turn on the construction of "blocking loading surface." The question will be whether a surface that actively "grabs" a seed from its first path can be construed as a surface that "blocks movement" along that path. The dispute may focus on whether "blocking" requires a passive, stationary impediment or can encompass an active removal mechanism.
- Technical Questions: What evidence does the complaint provide that the accused product "blocks" movement along the first path, as opposed to simply intercepting and removing the seed from it? The infringement allegation relies on a marketing image (Compl. Fig. 35) showing the seed transfer. The technical question is whether the interaction shown—where feeder wheels appear to lift the seed off the disk—constitutes the specific "blocking" and "redirection" required by the claim language.
V. Key Claim Terms for Construction
For the ’663 Patent:
- The Term: "loading wheel"
- Context and Importance: This term is critical because it defines the mechanism that transfers seed from the metering disk to the delivery system's endless member. The infringement allegation hinges on mapping the accused "feeder wheels" onto this limitation. Practitioners may focus on this term because its construction will determine whether an active "grabbing" mechanism falls within the scope of a component described in the patent as "engaging" and "guiding."
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim language requires the wheel to "engag[e]" and "guid[e]" the seed, which could be argued to encompass a range of mechanical interactions, including the active grabbing and depositing function alleged in the complaint.
- Evidence for a Narrower Interpretation: The specification describes the loading wheel (86) as forming a "nip 88" with the bristles of the belt, where seeds are "pinched off the seed disk" (’663 Patent, col. 4:16-20). This language, along with Figure 3, could support a narrower definition requiring a specific pinching or rolling hand-off, as opposed to a distinct grabbing mechanism.
For the ’199 Patent:
- The Term: "blocking loading surface"
- Context and Importance: This term is the central point of novelty in claim 1 and the primary locus of the infringement dispute for the ’199 patent. Its definition will determine whether the accused product's hand-off mechanism meets the claim. The dispute will likely center on the meaning of "blocks movement," particularly whether an active removal system performs this function.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim requires the surface to "block[] movement... along the first path and permit[] redirection." This functional language could arguably be read on any structure that stops the seed's rotational travel with the meter and redirects it into the delivery system, regardless of whether the action is passive or active.
- Evidence for a Narrower Interpretation: The patent family specification describes the hand-off as seeds being "pinched off the seed disk" between a wheel and bristles (’199 Patent, col. 4:26-28). This context may suggest that the "blocking" is performed by the structure that creates this pinch point, potentially limiting the term to a component that forms a nip rather than one that actively lifts or grabs the seed.
VI. Other Allegations
- Indirect Infringement: The complaint alleges both induced and contributory infringement for all asserted patents. Inducement allegations are based on Defendant marketing and selling the Accused Infringing Products and providing materials such as an "Installation Manual" that allegedly instruct customers "to combine and 'align' its vSet Products and its SpeedTube product" (Compl. ¶¶ 93, 125, 145). Contributory infringement is alleged on the basis that the accused products are especially made for infringement, are a material component of the claimed inventions, and are not staple articles of commerce (Compl. ¶¶ 126, 146).
- Willful Infringement: Willfulness is alleged for all thirteen patents. For U.S. Patent Nos. 8813663; 9480199; 8850998; and 9699955, the allegation is based on pre-suit knowledge stemming from an August 11, 2017 letter from Plaintiff to Precision Planting (Compl. ¶¶ 129, 149, 215, 236). For the remaining patents, willfulness allegations are based on knowledge gained no later than the filing of a prior complaint on June 1, 2018, or, for the ’173 patent, notice provided on June 27, 2018 (Compl. ¶¶ 172, 194, 255, 274, 294, 313, 336, 358, 380).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the claimed terms describing the seed hand-off mechanism—such as "loading wheel" (’663 Patent) and "blocking loading surface" (’199 Patent)—be construed to cover the accused "feeder wheels" of the SpeedTube system? The case will likely involve a detailed analysis of whether an active "grabbing" and "depositing" function is equivalent to the claimed functions of "guiding," "pinching," and "blocking."
- A key evidentiary question will be one of technical operation: does the interaction between the accused vSet meter and SpeedTube delivery system, as it actually functions, map onto the specific sequences recited in the numerous asserted claims? While the patents claim various aspects of a controlled seed delivery system, the infringement analyses will depend on evidence demonstrating a precise match in how the accused products take seed, control its path, and manage its velocity.
- A central legal question will concern knowledge and intent: given Defendant’s acquisition of Precision Planting after the date of first notice, what knowledge of infringement can be imputed to Defendant for the purposes of indirect and willful infringement? The timeline of notice letters, prior complaints, and the acquisition will be critical in determining Defendant's state of mind for different time periods and different patents.