DCT

4:20-cv-00389

Deere & Co v. Kinze Mfg Inc

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Key Events
Amended Complaint

I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 4:20-cv-00389, S.D. Iowa, 06/25/2021
  • Venue Allegations: Venue is alleged as proper because Defendants are Iowa corporations with their principal places of business within the state.
  • Core Dispute: Plaintiff alleges that Defendants’ high-speed agricultural planting systems infringe eleven patents related to seed metering and delivery technology.
  • Technical Context: The technology concerns high-speed agricultural planters designed to increase planting speed without sacrificing seed placement accuracy, a critical factor for maximizing crop yield.
  • Key Procedural History: The complaint notes that numerous asserted patents have previously survived validity challenges in Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB), a fact that may be presented to underscore the patents' statutory presumption of validity.

Case Timeline

Date Event
2009-02-02 Earliest Priority Date (’663, ’199, ’906, ’998, ’063, ’031, ’924, ’955, ’173, ’572 Patents)
2011-03-25 Earliest Priority Date (’498 Patent)
2014-08-26 U.S. Patent No. 8,813,663 Issues
2014-10-07 U.S. Patent No. 8,850,998 Issues
2016-11-01 U.S. Patent No. 9,480,199 Issues
2017-06-27 U.S. Patent No. 9,686,906 Issues
2017-07-04 U.S. Patent No. 9,693,498 Issues
2017-07-11 U.S. Patent No. 9,699,955 Issues
2017-11-07 U.S. Patent No. 9,807,924 Issues
2018-01-09 U.S. Patent No. 9,861,031 Issues
2018-06-26 U.S. Patent No. 10,004,173 Issues
2019-05-29 IPRs initiated against ’663, ’031, ’924 Patents
2019-05-30 IPR initiated against ’906 Patent
2019-05-31 IPRs initiated against ’199, ’955 Patents
2019-06-03 IPR initiated against ’173 Patent
2020-08-04 U.S. Patent No. 10,729,063 Issues
2020-11-30 PTAB issues Final Written Decisions upholding validity of ’663 and ’199 Patents
2020-12-02 PTAB issues Final Written Decision upholding validity of ’906 Patent
2020-12-04 PTAB issues Final Written Decision upholding validity of ’031 Patent
2020-12-15 PTAB issues Final Written Decisions upholding validity of ’924 and ’955 Patents
Late 2020 Ag Leader allegedly begins delivering SureSpeed device
2021-01-11 PTAB issues Final Written Decision upholding validity of ’173 Patent
Early 2021 Kinze allegedly begins delivering True Speed device
2021-06-01 Reissued U.S. Patent No. RE48,572 Issues
2021-06-25 Complaint Filed

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 8,813,663 - Seeding Machine with Seed Delivery System

  • Patent Identification: U.S. Patent No. 8,813,663, "Seeding Machine with Seed Delivery System," issued August 26, 2014.

The Invention Explained

  • Problem Addressed: The patent addresses inaccurate seed spacing caused by traditional gravity-drop seed tubes, noting that higher travel speeds exacerbate this problem by amplifying dynamic field conditions and creating a relative velocity difference between the falling seed and the ground, leading to seed bounce and tumble. (’663 Patent, col. 1:49-2:10).
  • The Patented Solution: The invention proposes a seed delivery system that actively controls the seed's path from the meter to the furrow. It uses a "single endless member," such as a brush belt, to capture a seed from a metering disk, convey it downward, and discharge it with a rearward horizontal velocity that substantially matches the planter's forward speed. (’663 Patent, col. 4:1-5; Abstract). This controlled handoff and discharge is intended to minimize the seed's velocity relative to the ground, thereby reducing bounce and improving spacing accuracy at high speeds. (’663 Patent, col. 2:26-38).
  • Technical Importance: This technology was designed to overcome the long-standing trade-off between planting speed and seed placement accuracy, enabling higher productivity for farmers. (Compl. ¶¶26-28).

Key Claims at a Glance

  • The complaint asserts independent claim 1. (Compl. ¶86).
  • Essential elements of claim 1 include:
    • A seed meter with a rotating metering disk to adhere and move seeds.
    • A seed delivery system with a housing and a lower discharge opening.
    • A single endless member within the housing, disposed around a drive pulley and an idler pulley, which engages seed from the meter and moves it to the lower opening.
    • A loading wheel that engages seeds on the metering disk and guides the seed 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

  • Patent Identification: U.S. Patent No. 9,480,199, "Seeding Machine with Seed Delivery System," issued November 1, 2016.

The Invention Explained

  • Problem Addressed: The patent addresses the technical challenge of reliably transferring individual seeds from a rotating seed meter, which moves seeds along a circular path, to a separate delivery system, which may move them along a different, often linear, path. (’199 Patent, col. 1:12-23).
  • The Patented Solution: The invention discloses a "blocking loading surface" positioned at the handoff point between the meter and the delivery system. This surface physically obstructs the seed's original circular path ("first path") and simultaneously redirects it into the delivery system's path ("second path"), ensuring a controlled transfer from the meter to the delivery system for transport to the discharge position. (’199 Patent, Abstract; col. 2:28-40).
  • Technical Importance: This design provides a specific mechanism for a positive hand-off between two distinct components of a planting system, which is critical for maintaining precise seed singulation and spacing at high speeds. (Compl. ¶¶26-28).

Key Claims at a Glance

  • The complaint asserts independent claim 1. (Compl. ¶123).
  • Essential elements of claim 1 include:
    • A seed meter configured to move individual seeds sequentially 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.
    • 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. 9,686,906 - Seeding Machine with Seed Delivery System

  • Patent Identification: U.S. Patent No. 9,686,906, "Seeding Machine with Seed Delivery System," issued June 27, 2017. (Compl. ¶38).
  • Technology Synopsis: This patent describes a seed delivery apparatus with an "endless member" inside an elongated housing. The invention focuses on the kinematics of the seed, where the endless member conveys the seed away from an entry opening at a first velocity and then accelerates it to discharge through a second opening at a second, greater velocity. (’906 Patent, col. 8:1-12).
  • Asserted Claims: Independent claim 1. (Compl. ¶146).
  • Accused Features: The complaint alleges that Defendants' seed delivery systems feature an endless member that receives seed, accelerates it, and discharges it at a velocity greater than its entry velocity. (Compl. ¶¶151-153).

U.S. Patent No. 8,850,998 - Planting Unit for a Seeding Machine Having a Seed Meter and Seed Delivery System

  • Patent Identification: U.S. Patent No. 8,850,998, "Planting Unit for a Seeding Machine Having a Seed Meter and Seed Delivery System," issued October 7, 2014. (Compl. ¶42).
  • Technology Synopsis: This patent relates to the geometric relationship between the seed meter and the delivery system. It claims a mechanical seed delivery system that takes seed from a rotating 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, col. 11:8-14).
  • Asserted Claims: Independent claim 2. (Compl. ¶162).
  • Accused Features: The complaint alleges that Defendants' mechanical seed delivery systems take seed from the metering member in a "substantially cross-wise" direction relative to the seed's travel path on the metering disk. (Compl. ¶¶173-174).

U.S. Patent No. 10,729,063 - Seeding Machine with Seed Delivery System

  • Patent Identification: U.S. Patent No. 10,729,063, "Seeding Machine with Seed Delivery System," issued August 4, 2020. (Compl. ¶45).
  • Technology Synopsis: This patent describes a seed delivery system comprising a housing, a drive pulley, a belt, and a "loading wheel" that is mounted to rotate and transfer seeds from the seed meter into the belt. A key aspect is that the seeds are removed from the meter "during contact of the seeds by the loading wheel." (’063 Patent, col. 8:3-12).
  • Asserted Claims: Independent claim 1. (Compl. ¶184).
  • Accused Features: The complaint accuses Defendants' delivery systems of having a loading wheel that transfers seeds from the meter into a belt by making contact with the seeds. (Compl. ¶¶192-194).

U.S. Patent No. 9,693,498 - Seed-Double Eliminator for a Planting Unit

  • Patent Identification: U.S. Patent No. 9,693,498, "Seed-Double Eliminator for a Planting Unit," issued July 4, 2017. (Compl. ¶48).
  • Technology Synopsis: This patent addresses the problem of "doubles," where two seeds are picked up by a single aperture on a seed meter. The invention is a "seed-double eliminator" on the metering member that includes a paddle and "at least one seed-double projection" configured differently than the paddle, which prevents the retention of a second seed. (’498 Patent, col. 1:52-61).
  • Asserted Claims: Independent claim 1. (Compl. ¶206).
  • Accused Features: The complaint alleges that Defendants' metering disks include an aperture, a paddle, and at least one "seed-double projection" that prevents seed doubles. (Compl. ¶¶208, 211, 214, 220).

U.S. Patent No. 9,861,031 - Seeding Machine with Seed Delivery System

  • Patent Identification: U.S. Patent No. 9,861,031, "Seeding Machine with Seed Delivery System," issued January 9, 2018. (Compl. ¶51).
  • Technology Synopsis: This patent claims a seed delivery apparatus with an elongated housing, first and second pulleys, an endless member driven by the pulleys, and a "loading surface movable with respect to the endless member" that is positioned to contact and guide seed from the meter into the apparatus. (’031 Patent, col. 8:2-12).
  • Asserted Claims: Independent claim 1. (Compl. ¶231).
  • Accused Features: The complaint alleges Defendants' products include a movable loading surface that guides seed from the meter into the delivery apparatus. (Compl. ¶¶239-241).

U.S. Patent No. 9,807,924 - Seeding Machine with Seed Delivery System

  • Patent Identification: U.S. Patent No. 9,807,924, "Seeding Machine with Seed Delivery System," issued November 7, 2017. (Compl. ¶55).
  • Technology Synopsis: This patent describes a seed delivery apparatus where an endless member is shaped and positioned to receive seed from a first opening and is "movable to push the seed" along an interior chamber toward a second opening. This focuses on a "pushing" action rather than solely conveying or carrying. (’924 Patent, col. 8:28-36).
  • Asserted Claims: Independent claim 8. (Compl. ¶250).
  • Accused Features: The complaint accuses Defendants' systems of having an endless member that is movable to push seeds through the delivery housing. (Compl. ¶¶255-257).

U.S. Patent No. 9,699,955 - Seeding Machine with Seed Delivery System

  • Patent Identification: U.S. Patent No. 9,699,955, "Seeding Machine with Seed Delivery System," issued July 11, 2017. (Compl. ¶59).
  • Technology Synopsis: This patent claims a combination of a seed delivery apparatus (with an elongated housing and movable endless member) and a specific type of seed meter that uses an air pressure differential to retain seeds, where a "moving surface removes seed from the seed meter." (’955 Patent, col. 7:51-8:13).
  • Asserted Claims: Independent claim 8. (Compl. ¶266).
  • Accused Features: The complaint alleges the accused products combine a seed delivery apparatus with a vacuum-based seed meter where a moving surface (part of the delivery system) removes the seed. (Compl. ¶¶268, 274).

U.S. Patent No. 10,004,173 - Seeding Machine with Seed Delivery System

  • Patent Identification: U.S. Patent No. 10,004,173, "Seeding Machine with Seed Delivery System," issued June 26, 2018. (Compl. ¶63).
  • Technology Synopsis: The patent claims a seeding machine with three main components: a seed metering system, a "seed transfer device" positioned adjacent to it, and a seed delivery system. The key limitation is that the transfer device actively transfers seed from the metering system to the delivery system. (’173 Patent, col. 7:54-8:9).
  • Asserted Claims: Independent claim 1. (Compl. ¶289).
  • Accused Features: The complaint alleges Defendants' products have a seed metering system, an adjacent seed transfer device, and a seed delivery system, where the transfer device facilitates the handoff. (Compl. ¶¶292, 307).

U.S. Reissued Patent No. RE48,572 - Planting Unit for a Seeding Machine Having Blocking Member to Control Hand-Off of Seed from a Seed Meter to a Seed Delivery System

  • Patent Identification: U.S. Reissued Patent No. RE48,572, "Planting Unit for a Seeding Machine Having Blocking Member to Control Hand-Off of Seed from a Seed Meter to a Seed Delivery System," reissued June 1, 2021. (Compl. ¶67).
  • Technology Synopsis: This patent describes a seed delivery apparatus where a drive member controls an endless member to discharge seeds with a directional component "equal and opposite to the seeding direction" and at a speed "approximately equal to the... seeding speed" in different modes. This language ties the delivery system's discharge velocity directly to the planter's ground speed to achieve near-zero relative velocity. (’572 Patent, col. 14:14-23).
  • Asserted Claims: Independent claim 23. (Compl. ¶318).
  • Accused Features: The complaint alleges the drive member in the accused products is configured to discharge seeds with a speed and direction that is opposite and approximately equal to the planter's speed. (Compl. ¶¶329-331).

III. The Accused Instrumentality

  • Product Identification: The accused instrumentalities are the "True Speed high-speed planting system," manufactured and sold by Kinze Manufacturing, Inc., and the "SureSpeed high-speed planting system," manufactured and sold by Ag Leader Technology, Inc. (Compl. ¶¶70, 74). The complaint alleges these two systems are the same infringing planting system. (Compl. ¶77).
  • Functionality and Market Context: The accused products are high-speed seed metering and delivery systems used in agricultural planters. (Compl. ¶¶70, 74). The complaint alleges they include a seed meter with a rotating metering disk that selects individual seeds and a separate seed delivery system that transports the seeds from the meter into the soil furrow. (Compl. ¶¶89-90, 97). The complaint supports its technical allegations with numerous screenshots from Defendants' promotional materials, such as a video still from a Kinze promotional video showing the components of the True Speed device's seed delivery system. (Compl. Fig. 13, ¶106). The complaint alleges these products are offered for sale on Defendants' websites and that deliveries began in late 2020 for Ag Leader and early 2021 for Kinze. (Compl. ¶¶71-72, 75-76).

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 to move the seeds along a seed path as the metering disk rotates; The accused products include a seed meter with a rotating metering disk containing apertures in a circular array that adhere seeds and move them along a seed path. ¶90-96 col. 3:44-50
a seed delivery system associated with said seed meter, said seed delivery system including: a housing for seed from said metering disk, the housing having a lower opening through which seed is discharged; The accused products include a seed delivery system with a housing that receives seed from the meter and has a lower opening for discharge. ¶97-104 col. 3:51-55
a single endless member within said housing disposed around a first drive pulley and a second idler pulley, said endless member engaging seed from the seed meter and moving the seed to said lower opening where seed is discharged from said housing; The accused products' seed delivery system contains a single endless member (belt) disposed around two pulleys, which engages seed from the meter and moves it to the lower opening for discharge. ¶105-111 col. 4:1-5
and 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 whereby the single endless member moves the seed to the lower opening. The accused products have a loading wheel (or brush wheel) that engages seeds on the metering disk and guides them into the endless member for transport to the lower opening. ¶112-114 col. 4:6-11
  • Identified Points of Contention:
    • Scope Questions: The interpretation of "loading wheel" may be a central point of contention. Does the term, as defined and used in the patent, require a structure distinct from the "single endless member," or could a single component, such as a brush wheel that is part of the endless member, perform the functions of both claimed elements? The complaint uses images labeling a "Brush Wheel" as the "loading wheel," raising the question of whether these are structurally and functionally equivalent. (Compl. Fig. 48, ¶188; Fig. 51, ¶193).
    • Technical Questions: A factual question may arise regarding the precise function of the accused "loading wheel." The claim requires that it "guid[es] the seed into the single endless member." Evidence will be needed to determine if the accused component performs this specific guiding function as opposed to, for example, merely stripping the seed from the disk before it is captured by the endless member.

’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 with a plurality of apertures in a circular array, the seed meter configured to move individual seeds sequentially along a first path to a release position; The accused products contain a seed meter with an apertured metering member that moves seeds along a circular "first path" to a release position. ¶125-131 col. 2:28-31
a delivery system which moves the individual seeds in a second path from the release position to a discharge position adjacent a seed furrow formed in soil beneath the seeding machine; The accused products contain a delivery system that moves seeds along a "second path" from the release position to a discharge position. ¶132-134 col. 2:32-35
and 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 as the individual seeds are moved to the discharge position. The accused products allegedly include a "blocking loading surface" that intersects the seed's first path, preventing its continued circular motion and redirecting it into the second path of the delivery system. ¶135-137 col. 2:36-40
  • Identified Points of Contention:
    • Scope Questions: The term "blocking loading surface" is highly functional and its construction will be critical. Does the term require a complete stoppage of momentum along the "first path," or does it cover any surface that causes a change in trajectory toward the "second path"? The complaint provides a screenshot labeling a component as the "Blocking Loading Surface" at the seed handoff point. (Compl. Fig. 29, ¶136).
    • Technical Questions: A key factual dispute may concern how the accused hand-off mechanism operates. Does the accused surface actively "block" and "permit redirection" as claimed, or does it, for example, function primarily as a stripper that dislodges the seed, which then falls into the delivery system's path without the claimed redirection?

V. Key Claim Terms for Construction

For the ’663 Patent

  • The Term: "loading wheel"
  • Context and Importance: This term is central because it defines the mechanism for transferring seed from the metering disk to the "single endless member." The nature of this interaction is a core element of the infringement theory, and its construction will determine whether the accused products' components meet this limitation.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The claim language is functional, describing the wheel as "engaging seeds... and moving along the seed path and guiding the seed into the single endless member." (Compl. ¶86). This functional language could support an interpretation covering any rotating component that performs these actions, regardless of its specific form.
    • Evidence for a Narrower Interpretation: The specification describes the loading wheel 86 as being positioned to form a "nip 88" with the bristles of the belt, where seeds are "pinched off the seed disk." (’663 Patent, col. 4:6-11, 4:27-29). This description of a "pinching" action at a "nip" may support a narrower construction limited to structures capable of performing this specific function.

For the ’199 Patent

  • The Term: "blocking loading surface"
  • Context and Importance: This term is the central inventive concept of claim 1. The entire infringement analysis for this patent hinges on whether the accused device has a surface that performs the claimed functions of "blocking" movement on the first path while "permitting redirection" onto the second. Practitioners may focus on this term because it is defined by its function, making its scope a primary point of dispute.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The patent's abstract describes the invention broadly as a "blocking loading surface which blocks movement... and permits redirection." (’199 Patent, Abstract). The plain language of the claim itself is functional and does not impose specific structural limitations beyond being a "surface."
    • Evidence for a Narrower Interpretation: The detailed description may provide context. While the term itself is broad, a defendant might argue that the specification implicitly limits the term to the specific geometric arrangements or operational characteristics shown in the patent's figures and description, potentially narrowing its scope to exclude the accused design.

VI. Other Allegations

  • Indirect Infringement: The complaint does not provide sufficient detail for analysis of indirect infringement, as each count alleges direct infringement under 35 U.S.C. § 271(a).
  • Willful Infringement: The complaint alleges that "Defendants' infringement occurred with knowledge of the Asserted Patents and thus has been and will continue to be willful and deliberate." (Compl. ¶78). This allegation is repeated for each asserted patent. (e.g., Compl. ¶¶118, 141, 157).

VII. Analyst’s Conclusion: Key Questions for the Case

  • A core issue will be one of definitional scope: can key claim terms rooted in the patent's specific embodiments—such as "loading wheel" and "blocking loading surface"—be construed broadly enough to read on the potentially different mechanical structures used in the accused high-speed planting systems?
  • A second central issue will be one of functional operation: the complaint's infringement allegations are heavily supported by marketing materials and animations. A key evidentiary question will be whether the accused products, in actual operation, perform the precise, multi-step functions required by the claims, or if there are fundamental mismatches in their technical mechanics.
  • A final question will concern validity and estoppel: while the complaint highlights that numerous asserted patents survived IPR proceedings, the case will test the extent to which that history affects the litigation. A key question is whether Defendants can present invalidity arguments based on prior art or reasoning sufficiently distinct from those already considered and rejected by the PTAB.