IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`NOT DEAD YET MANUFACTURING,
`INC., d/b/a NDY MFG, INC.,
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`PRIDE SOLUTIONS, LLC and MAY
`WES MANUFACTURING,
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`v.
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`Plaintiff,
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`Defendants.
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`CASE NO. 13-cv-3418
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`Judge Rebecca R. Pallmeyer
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`PLAINTIFF'S LPR 2.5 RESPONSE TO DEFENDANTS'
`LPR 2.3 INITIAL INVALIDITY CONTENTIONS
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`Pursuant to Local Patent Rule 2.5, Plaintiff responds to Defendants' Invalidity
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`Contentions served on August 26, 2013. Plaintiff does not waive and expressly reserves its right
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`to seek sanctions or other relief due to Defendants' service after the deadlines provided for by the
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`Local Patent Rules.
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`With regard to Defendants' invalidity chart, Plaintiff refers to the charts attached hereto as
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`Exhibit A.
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`Dated: September 9, 2013
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`Respectfully submitted,
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`By: /s/ Joseph M. Kuo
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`Joseph M. Kuo
`
`Olson & Cepuritis, Ltd.
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`20 North Wacker Drive, 36th Floor
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`Chicago, IL 60606-3181
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`Tel. (312) 580-1180
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`Fax (312) 580-1189
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`jkuo@olsonip.com
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`
`
`Attorney for Plaintiff
`NOT DEAD YET MANUFACTURING, INC.,
`d/b/a NDY MFG, INC.
`
`

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`CERTIFICATE OF SERVICE
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`I hereby certify that on September 9, 2013, I served the foregoing document via email on
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`the following:
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`Tawfiq Ali
`Ali Law Practice, LLC
`200 East Randolph Street
`Suite 5100-24
`Chicago, IL 60601
`Tel. (312) 970-1847
`Tali@alilawpractice.com
`
`Craige O. Thompson
`Thompson Patent Law Offices, PC
`4900 Place
`4900 Highway 169 North
`Suite 315
`New Hope, MN 55428
`Tel. (763) 557-4909
`craige@thomsonpatentlaw.com
`
`Attorneys for Defendants
`PRIDE SOLUTIONS, LLC and
`MAY WES MANUFACTURING
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` s/ Joseph M. Kuo
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`2
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`EXHIBIT A
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`EXHIBIT A
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`

`

`U.S. Patent 8,418,432 - Claim 1
`
`A quick connect/disconnect coupling for securing a stalk stomper to a tool bar assembly on a combine corn head
`without the need for tools, the tool bar assembly comprising
`
`a bracket having a pair of spaced-apart arm members depending therefrom,
`each having a recess therein, the recesses being generally transversely aligned, and
`
`a pair of holes in the bracket spaced from the recesses, the pair of holes being generally transversely aligned, and
`
` a pin adapted to be received in the holes,
`
`the stalk stomper being provided with a plate member
`
`having a cross bar adapted to be received in the recesses in the depending arm members on the tool bar
`assembly and
`
`a retention means on the plate member,
`
`whereby, to connect the stalk stomper to the tool bar assembly, the cross bar is engaged in the recesses and the
`stalk stomper is pivoted so that the plate member is above the pair of holes and the pin can be inserted into the
`transversely aligned holes to connect the stalk stomper to the tool bar assembly, the pin engaging the retention
`means so as to prevent longitudinal movement of the stalk stomper with respect to the tool bar assembly in
`operation to prevent the cross bar from disengaging from the recesses in use, and to disconnect the stalk stomper
`from the tool bar assembly, the pin is removed from the transversely aligned holes and the cross bar is removed
`from engagement with the recesses in the arm members.
`
`U.S. Pat. 2,935,802
`Not met. The '802 Patent fails to teach or suggest a quick connect coupling
`for a stalk stomper to a tool bar assembly on a combine corn head.
`
`Not met. The '802 Patent fails to teach or suggest a bracket or spaced arm
`members depending from a bracket.
`Not met. See previous element.
`Not met. See previous elements.
`
`Not met. The '802 Patent fails to teach or sugget a pin that engages a pair of
`holes in a bracket, even if such a bracket were taught.
`Not met. The '802 Patent fails to teach or suggest a stalk stomper, or a plate
`member. The buckets, collectors, manure forks, bulldozer blades, removable
`scoops, and snowplows cannot fairly be considered a plate member or
`analogous to a stalk stomper.
`Not met. The '802 Patent fails to teach or suggest a cross bar adapted to be
`received in the recesses of arm members for the reasons stated with respect
`to the absence of such elements. Moreover, part number 18 refered to by
`Defendants is not a cross bar member.
`
`Not met for the reasons discussed previously. Moreover, it is unclear from
`Defendants citations which element from the '802 Patent is asserted to
`constitute the retention means. To the extent that Defendants' contention is
`comprehensible, the identified teaching from the '802 Patent is not a
`retention means in that the previously identified "pin" does not engage it.
`Plaintiff reserves the right to supplement.
`
`Defendants fails to address this clause in the asserted claim. Plaintiff reserves
`the right to supplement.
`
`Page 1 of 17
`
`

`

`U.S. Patent 8,418,432 - Claim 1
`
`A quick connect/disconnect coupling for securing a stalk stomper to a tool bar assembly on a combine corn head
`without the need for tools, the tool bar assembly comprising
`
`a bracket having a pair of spaced-apart arm members depending therefrom,
`each having a recess therein, the recesses being generally transversely aligned, and
`
`a pair of holes in the bracket spaced from the recesses, the pair of holes being generally transversely aligned, and
` a pin adapted to be received in the holes,
`
`the stalk stomper being provided with a plate member
`
`having a cross bar adapted to be received in the recesses in the depending arm members on the tool bar
`assembly and
`a retention means on the plate member,
`
`whereby, to connect the stalk stomper to the tool bar assembly, the cross bar is engaged in the recesses and the
`stalk stomper is pivoted so that the plate member is above the pair of holes and the pin can be inserted into the
`transversely aligned holes to connect the stalk stomper to the tool bar assembly, the pin engaging the retention
`means so as to prevent longitudinal movement of the stalk stomper with respect to the tool bar assembly in
`operation to prevent the cross bar from disengaging from the recesses in use, and to disconnect the stalk stomper
`from the tool bar assembly, the pin is removed from the transversely aligned holes and the cross bar is removed
`from engagement with the recesses in the arm members.
`
`U.S. Pat. 3,874,533
`Not met. The '533 Patent fails to teach or suggest a quick connect coupling
`for a stalk stomper to a tool bar assembly on a combine corn head.
`
`Not met. The '533 Patent fails to teach or suggest a tool bar assembly having
`a bracket or spaced arm members depending from the bracket of a tool bar
`assembly.
`Not met. See previous element.
`Not met. See previous elements.
`
`Not met. See previous elements.
`Not met. The '533 Patent fails to teach or suggest a stalk stomper, or a plate
`member. The disclosed excavator buckets cannot fairly be considered a plate
`member or analogous to a stalk stomper.
`Not met. The '533 Patent fails to teach or suggest a cross bar adapted to be
`received in the recesses of arm members for the reasons stated with respect
`to the absence of such elements. Moreover, part number 27 refered to by
`Defendants is not a cross bar.
`
`Not met. See previous elements.
`Defendants fails to address this clause in the asserted claim. Plaintiff reserves
`the right to supplement.
`
`Page 2 of 17
`
`

`

`U.S. Patent 8,418,432 - Claim 1
`
`A quick connect/disconnect coupling for securing a stalk stomper to a tool bar assembly on a combine corn head
`without the need for tools, the tool bar assembly comprising
`
`a bracket having a pair of spaced-apart arm members depending therefrom,
`each having a recess therein, the recesses being generally transversely aligned, and
`
`a pair of holes in the bracket spaced from the recesses, the pair of holes being generally transversely aligned, and
`
` a pin adapted to be received in the holes,
`
`the stalk stomper being provided with a plate member
`
`having a cross bar adapted to be received in the recesses in the depending arm members on the tool bar
`assembly and
`
`a retention means on the plate member,
`
`whereby, to connect the stalk stomper to the tool bar assembly, the cross bar is engaged in the recesses and the
`stalk stomper is pivoted so that the plate member is above the pair of holes and the pin can be inserted into the
`transversely aligned holes to connect the stalk stomper to the tool bar assembly, the pin engaging the retention
`means so as to prevent longitudinal movement of the stalk stomper with respect to the tool bar assembly in
`operation to prevent the cross bar from disengaging from the recesses in use, and to disconnect the stalk stomper
`from the tool bar assembly, the pin is removed from the transversely aligned holes and the cross bar is removed
`from engagement with the recesses in the arm members.
`
`U.S. Pat. 3,985,249
`Not met. The '249 Patent fails to teach or suggest a quick connect coupling
`for a stalk stomper to a tool bar assembly on a combine corn head.
`
`Not met. The '249 Patent fails to teach or suggest a tool bar assembly having
`a bracket or spaced arm members depending from the bracket of a tool bar
`assembly.
`Not met. See previous elements.
`Not met. The identified feature of the '249 Patent does not disclose a pair of
`holes as claimed.
`Not met. The '249 Patent fails to teach or suggest a pin that engages a pair of
`holes on arms of a bracket because there is no pair of holes, and, even if the
`identified features were holes (they are not), no component is disclosed as
`engaging both.
`Not met. The '249 Patent fails to teach or suggest a stalk stomper, or a plate
`member. The disclosed excavator buckets cannot fairly be considered a plate
`member or analogous to a stalk stomper.
`Not met. The '249 Patent fails to teach or suggest a cross bar adapted to be
`received in the recesses of arm members for the reasons stated with respect
`to the absence of such elements. Moreover, there is no cross bar member
`disclosed that is received in both recesses of the alleged arm members.
`
`Not met. See previous elements. Moreover, Defendants identify the same
`component 68 as the "rentension means" and the "pin."
`Defendants fails to address this clause in the asserted claim. Plaintiff reserves
`the right to supplement.
`
`Page 3 of 17
`
`

`

`U.S. Patent 8,418,432 - Claim 1
`
`A quick connect/disconnect coupling for securing a stalk stomper to a tool bar assembly on a combine corn head
`without the need for tools, the tool bar assembly comprising
`
`a bracket having a pair of spaced-apart arm members depending therefrom,
`each having a recess therein, the recesses being generally transversely aligned, and
`
`a pair of holes in the bracket spaced from the recesses, the pair of holes being generally transversely aligned, and
`
` a pin adapted to be received in the holes,
`
`the stalk stomper being provided with a plate member
`
`having a cross bar adapted to be received in the recesses in the depending arm members on the tool bar
`assembly and
`a retention means on the plate member,
`
`whereby, to connect the stalk stomper to the tool bar assembly, the cross bar is engaged in the recesses and the
`stalk stomper is pivoted so that the plate member is above the pair of holes and the pin can be inserted into the
`transversely aligned holes to connect the stalk stomper to the tool bar assembly, the pin engaging the retention
`means so as to prevent longitudinal movement of the stalk stomper with respect to the tool bar assembly in
`operation to prevent the cross bar from disengaging from the recesses in use, and to disconnect the stalk stomper
`from the tool bar assembly, the pin is removed from the transversely aligned holes and the cross bar is removed
`from engagement with the recesses in the arm members.
`
`U.S. Pat. 4,106,645
`Not met. The '645 Patent fails to teach or suggest a quick connect coupling
`for a stalk stomper to a tool bar assembly on a combine corn head.
`
`Not met. The '645 Patent fails to teach or suggest a tool bar assembly having
`a bracket or spaced arm members depending from the bracket of a tool bar
`assembly.
`Not met. See previous elements.
`Not met. See previous elements.
`
`Not met. The '645 Patent fails to teach or suggest a pin that engages a pair of
`holes on arms of a bracket.
`Not met. The '645 Patent fails to teach or suggest a stalk stomper, or a plate
`member. The disclosed loaders, bale carriers, snow scoops, and hayforks
`cannot fairly be considered a plate member or analogous to a stalk stomper.
`
`Not met. The '645 Patent fails to teach or suggest a cross bar adapted to be
`received in the recesses of arm members for the reasons stated with respect
`to the absence of such elements. Moreover, there is no cross bar member
`disclosed that is received in the recesses of the arm members.
`
`Not met. See previous elements.
`Defendants fails to address this clause in the asserted claim. Plaintiff reserves
`the right to supplement.
`
`Page 4 of 17
`
`

`

`U.S. Patent 8,418,432 - Claim 1
`
`A quick connect/disconnect coupling for securing a stalk stomper to a tool bar assembly on a combine corn head
`without the need for tools, the tool bar assembly comprising
`
`a bracket having a pair of spaced-apart arm members depending therefrom,
`
`each having a recess therein, the recesses being generally transversely aligned, and
`
`a pair of holes in the bracket spaced from the recesses, the pair of holes being generally transversely aligned, and
` a pin adapted to be received in the holes,
`
`the stalk stomper being provided with a plate member
`
`having a cross bar adapted to be received in the recesses in the depending arm members on the tool bar
`assembly and
`a retention means on the plate member,
`
`whereby, to connect the stalk stomper to the tool bar assembly, the cross bar is engaged in the recesses and the
`stalk stomper is pivoted so that the plate member is above the pair of holes and the pin can be inserted into the
`transversely aligned holes to connect the stalk stomper to the tool bar assembly, the pin engaging the retention
`means so as to prevent longitudinal movement of the stalk stomper with respect to the tool bar assembly in
`operation to prevent the cross bar from disengaging from the recesses in use, and to disconnect the stalk stomper
`from the tool bar assembly, the pin is removed from the transversely aligned holes and the cross bar is removed
`from engagement with the recesses in the arm members.
`
`U.S. Pat. 4,373,852
`Not met. The '852 Patent fails to teach or suggest a quick connect coupling
`for a stalk stomper to a tool bar assembly on a combine corn head.
`
`Not met. The '852 Patent fails to teach or suggest a tool bar assembly having
`a bracket or spaced arm members depending from the bracket of a tool bar
`assembly.
`Not met. No pair of spaced apart arm members having transversely aligned
`recesses is taught or suggested.
`Not met. See previous elements.
`
`Not met. The identified pin 44 does not go through a pair of holes.
`Not met. The '852 Patent fails to teach or suggest a stalk stomper, or a plate
`member. The disclosed scoop for a loader or backhoe cannot be considered
`a plate member or analogous to a stalk stomper.
`
`Not met. The '645 Patent fails to teach or suggest a cross bar adapted to be
`received in recesses of arm members for the reasons stated with respect to
`the absence of such recesses.
`Not met. See previous elements.
`Defendants fails to address this clause in the asserted claim. Plaintiff reserves
`the right to supplement.
`
`Page 5 of 17
`
`

`

`U.S. Patent 8,418,432 - Claim 1
`
`A quick connect/disconnect coupling for securing a stalk stomper to a tool bar assembly on a combine corn head
`without the need for tools, the tool bar assembly comprising
`
`a bracket having a pair of spaced-apart arm members depending therefrom,
`
`each having a recess therein, the recesses being generally transversely aligned, and
`
`a pair of holes in the bracket spaced from the recesses, the pair of holes being generally transversely aligned, and
` a pin adapted to be received in the holes,
`
`the stalk stomper being provided with a plate member
`
`having a cross bar adapted to be received in the recesses in the depending arm members on the tool bar
`assembly and
`a retention means on the plate member,
`
`whereby, to connect the stalk stomper to the tool bar assembly, the cross bar is engaged in the recesses and the
`stalk stomper is pivoted so that the plate member is above the pair of holes and the pin can be inserted into the
`transversely aligned holes to connect the stalk stomper to the tool bar assembly, the pin engaging the retention
`means so as to prevent longitudinal movement of the stalk stomper with respect to the tool bar assembly in
`operation to prevent the cross bar from disengaging from the recesses in use, and to disconnect the stalk stomper
`from the tool bar assembly, the pin is removed from the transversely aligned holes and the cross bar is removed
`from engagement with the recesses in the arm members.
`
`U.S. Pat. 4,643,631
`Not met. The '631 Patent fails to teach or suggest a quick connect coupling
`for a stalk stomper to a tool bar assembly on a combine corn head.
`
`Not met. The '631 Patent fails to teach or suggest a tool bar assembly having
`a bracket or spaced arm members depending from the bracket of a tool bar
`assembly.
`Not met. No pair of spaced apart arm members having transversely aligned
`recesses is taught or suggested.
`Not met. See previous elements.
`
`Not met. See previous elements.
`Not met. The '631 Patent fails to teach or suggest a stalk stomper, or a plate
`member. The disclosed scoop for a loader or backhoe cannot be considered
`a plate member or analogous to a stalk stomper.
`
`Not met. The '631 Patent fails to teach or suggest a cross bar adapted to be
`received in recesses of arm members for the reasons stated with respect to
`the absence of such recesses or a plate member.
`
`Not met. See previous elements.
`Defendants fails to address this clause in the asserted claim. Plaintiff reserves
`the right to supplement.
`
`Page 6 of 17
`
`

`

`U.S. Patent 8,418,432 - Claim 1
`
`A quick connect/disconnect coupling for securing a stalk stomper to a tool bar assembly on a combine corn head
`without the need for tools, the tool bar assembly comprising
`
`a bracket having a pair of spaced-apart arm members depending therefrom,
`each having a recess therein, the recesses being generally transversely aligned, and
`
`a pair of holes in the bracket spaced from the recesses, the pair of holes being generally transversely aligned, and
` a pin adapted to be received in the holes,
`
`the stalk stomper being provided with a plate member
`
`having a cross bar adapted to be received in the recesses in the depending arm members on the tool bar
`assembly and
`a retention means on the plate member,
`
`whereby, to connect the stalk stomper to the tool bar assembly, the cross bar is engaged in the recesses and the
`stalk stomper is pivoted so that the plate member is above the pair of holes and the pin can be inserted into the
`transversely aligned holes to connect the stalk stomper to the tool bar assembly, the pin engaging the retention
`means so as to prevent longitudinal movement of the stalk stomper with respect to the tool bar assembly in
`operation to prevent the cross bar from disengaging from the recesses in use, and to disconnect the stalk stomper
`from the tool bar assembly, the pin is removed from the transversely aligned holes and the cross bar is removed
`from engagement with the recesses in the arm members.
`
`U.S. Pat. 4,761,113
`Not met. The '113 Patent fails to teach or suggest a quick connect coupling
`for a stalk stomper to a tool bar assembly on a combine corn head.
`
`Not met. The '113 Patent fails to teach or suggest a tool bar assembly having
`a bracket or spaced arm members depending from the bracket of a tool bar
`assembly.
`Not met. See previous elements.
`Not met. See previous elements.
`
`Not met. The identified pin 30 is not received in the pair of holes.
`Not met. The '113 Patent fails to teach or suggest a stalk stomper, or a plate
`member. The disclosed implements cannot be considered a plate member or
`analogous to a stalk stomper.
`Not met. The '631 Patent fails to teach or suggest a cross bar adapted to be
`received in recesses of arm members in that the identified member is not
`received in the recesses of the arm members.
`
`Not met. See previous elements.
`Defendants fails to address this clause in the asserted claim. Plaintiff reserves
`the right to supplement.
`
`Page 7 of 17
`
`

`

`U.S. Patent 8,418,432 - Claim 1
`
`A quick connect/disconnect coupling for securing a stalk stomper to a tool bar assembly on a combine corn head
`without the need for tools, the tool bar assembly comprising
`
`a bracket having a pair of spaced-apart arm members depending therefrom,
`each having a recess therein, the recesses being generally transversely aligned, and
`
`a pair of holes in the bracket spaced from the recesses, the pair of holes being generally transversely aligned, and
`
` a pin adapted to be received in the holes,
`
`the stalk stomper being provided with a plate member
`
`having a cross bar adapted to be received in the recesses in the depending arm members on the tool bar
`assembly and
`
`a retention means on the plate member,
`
`whereby, to connect the stalk stomper to the tool bar assembly, the cross bar is engaged in the recesses and the
`stalk stomper is pivoted so that the plate member is above the pair of holes and the pin can be inserted into the
`transversely aligned holes to connect the stalk stomper to the tool bar assembly, the pin engaging the retention
`means so as to prevent longitudinal movement of the stalk stomper with respect to the tool bar assembly in
`operation to prevent the cross bar from disengaging from the recesses in use, and to disconnect the stalk stomper
`from the tool bar assembly, the pin is removed from the transversely aligned holes and the cross bar is removed
`from engagement with the recesses in the arm members.
`
`U.S. Pat. 5,890,871
`Not met. The '871 Patent fails to teach or suggest a quick connect coupling
`for a stalk stomper to a tool bar assembly on a combine corn head.
`
`Not met. The '871 Patent fails to teach or suggest a tool bar assembly having
`a bracket or spaced arm members depending from the bracket of a tool bar
`assembly.
`Not met. See previous elements.
`Not met. The identified portions of the structure disclosed in the '871 Patent
`are not holes.
`Not met. The identified portions of the structure disclosed in the '871 Patent
`is not a pin.
`Not met. The '871 Patent fails to teach or suggest a stalk stomper, or a plate
`member. The disclosed bucket or other work tool for an excavator or
`backhoe be considered a plate member or analogous to a stalk stomper.
`Moreover, the identified portion of the apparatus is part of the alleged
`bracket, not a stalk stomper.
`Not met. The '871 Patent fails to teach or suggest a cross bar adapted to be
`received in a tool bar assembly for the reasons discussed. Moreover, the
`component identified as a cross bar is not part of the portion of the
`apparatus claimed to be the plate member.
`
`Not met. The '871 Patent fails to teach or suggest a retention means as part
`of the plate member. The component identified as the retention means is
`not part of the portion fo the apparatus claimed to be the plate member.
`
`Defendants fails to address this clause in the asserted claim. Plaintiff reserves
`the right to supplement.
`
`Page 8 of 17
`
`

`

`U.S. Patent 8,418,432 - Claim 1
`
`A quick connect/disconnect coupling for securing a stalk stomper to a tool bar assembly on a combine corn head
`without the need for tools, the tool bar assembly comprising
`
`a bracket having a pair of spaced-apart arm members depending therefrom,
`each having a recess therein, the recesses being generally transversely aligned, and
`
`a pair of holes in the bracket spaced from the recesses, the pair of holes being generally transversely aligned, and
` a pin adapted to be received in the holes,
`
`the stalk stomper being provided with a plate member
`
`having a cross bar adapted to be received in the recesses in the depending arm members on the tool bar
`assembly and
`
`a retention means on the plate member,
`
`whereby, to connect the stalk stomper to the tool bar assembly, the cross bar is engaged in the recesses and the
`stalk stomper is pivoted so that the plate member is above the pair of holes and the pin can be inserted into the
`transversely aligned holes to connect the stalk stomper to the tool bar assembly, the pin engaging the retention
`means so as to prevent longitudinal movement of the stalk stomper with respect to the tool bar assembly in
`operation to prevent the cross bar from disengaging from the recesses in use, and to disconnect the stalk stomper
`from the tool bar assembly, the pin is removed from the transversely aligned holes and the cross bar is removed
`from engagement with the recesses in the arm members.
`
`U.S. Pat. 6,074,120
`Not met. The '120 Patent fails to teach or suggest a quick connect coupling
`for a stalk stomper to a tool bar assembly on a combine corn head.
`
`Not met. The '120 Patent fails to teach or suggest a tool bar assembly having
`a bracket or spaced arm members depending from the bracket of a tool bar
`assembly.
`Not met. See previous elements.
`Not met. The identified portions of the structure disclosed in the '120 Patent
`are not holes.
`Not met. See previous elements.
`Not met. The '120 Patent fails to teach or suggest a stalk stomper, or a plate
`member. The disclosed bucket or other work tool for an excavator or
`backhoe be considered a plate member or analogous to a stalk stomper.
`
`Not met. The '120 Patent fails to teach or suggest a cross bar adapted to be
`received in a tool bar assembly for the reasons discussed.
`
`Not met. The '120 Patent fails to teach or suggest a retention means as part
`of the plate member. The component identified as the retention means is
`not part of the portion fo the apparatus claimed to be the plate member.
`
`Defendants fails to address this clause in the asserted claim. Plaintiff reserves
`the right to supplement.
`
`Page 9 of 17
`
`

`

`U.S. Patent 8,418,432 - Claim 1
`
`A quick connect/disconnect coupling for securing a stalk stomper to a tool bar assembly on a combine corn head
`without the need for tools, the tool bar assembly comprising
`
`a bracket having a pair of spaced-apart arm members depending therefrom,
`each having a recess therein, the recesses being generally transversely aligned, and
`
`a pair of holes in the bracket spaced from the recesses, the pair of holes being generally transversely aligned, and
` a pin adapted to be received in the holes,
`
`the stalk stomper being provided with a plate member
`having a cross bar adapted to be received in the recesses in the depending arm members on the tool bar
`assembly and
`a retention means on the plate member,
`
`whereby, to connect the stalk stomper to the tool bar assembly, the cross bar is engaged in the recesses and the
`stalk stomper is pivoted so that the plate member is above the pair of holes and the pin can be inserted into the
`transversely aligned holes to connect the stalk stomper to the tool bar assembly, the pin engaging the retention
`means so as to prevent longitudinal movement of the stalk stomper with respect to the tool bar assembly in
`operation to prevent the cross bar from disengaging from the recesses in use, and to disconnect the stalk stomper
`from the tool bar assembly, the pin is removed from the transversely aligned holes and the cross bar is removed
`from engagement with the recesses in the arm members.
`
`Publication 2006/0242865
`Not met. The '865 Publication fails to teach or suggest a quick connect
`coupling for a stalk stomper to a tool bar assembly on a combine corn head.
`
`Not met. The '865 Publication fails to teach or suggest a tool bar assembly
`having a bracket or spaced arm members depending from the bracket of a
`tool bar assembly.
`Not met. See previous elements.
`Not met. See previous elements.
`
`Not met. See previous elements.
`Not met. The '865 Publication fails to teach or suggest a stalk stomper, or a
`plate member. The disclosed bucket or other work tool for an excavator or
`backhoe be considered a tool bar assembly. The articulated arm of an earth
`moving maching is not a stalk stomper.
`
`Not met. See previous elements.
`
`Not met. See previous elements.
`Defendants fails to address this clause in the asserted claim. Plaintiff reserves
`the right to supplement.
`
`Page 10 of 17
`
`

`

`Publication
`web.archive.org/web/20090430172218/http://www.lankota.com/product
`_details.aspx?LanID=227
`Stalk stompers were known in art, but not with the claimed features.
`
`U.S. Patent 8,418,432 - Claim 1
`
`A quick connect/disconnect coupling for securing a stalk stomper to a tool bar assembly on a combine corn head
`without the need for tools, the tool bar assembly comprising
`a bracket having a pair of spaced-apart arm members depending therefrom,
`each having a recess therein, the recesses being generally transversely aligned, and
`
`a pair of holes in the bracket spaced from the recesses, the pair of holes being generally transversely aligned, and
` a pin adapted to be received in the holes,
`the stalk stomper being provided with a plate member
`having a cross bar adapted to be received in the recesses in the depending arm members on the tool bar
`assembly and
`a retention means on the plate member,
`
`whereby, to connect the stalk stomper to the tool bar assembly, the cross bar is engaged in the recesses and the
`stalk stomper is pivoted so that the plate member is above the pair of holes and the pin can be inserted into the
`transversely aligned holes to connect the stalk stomper to the tool bar assembly, the pin engaging the retention
`means so as to prevent longitudinal movement of the stalk stomper with respect to the tool bar assembly in
`operation to prevent the cross bar from disengaging from the recesses in use, and to disconnect the stalk stomper
`from the tool bar assembly, the pin is removed from the transversely aligned holes and the cross bar is removed
`from engagement with the recesses in the arm members.
`
`Page 11 of 17
`
`

`

`U.S. Patent 8,418,432 - Claim 1
`
`A quick connect/disconnect coupling for securing a stalk stomper to a tool bar assembly on a combine corn head
`without the need for tools, the tool bar assembly comprising
`
`a bracket having a pair of spaced-apart arm members depending therefrom,
`each having a recess therein, the recesses being generally transversely aligned, and
`
`a pair of holes in the bracket spaced from the recesses, the pair of holes being generally transversely aligned, and
` a pin adapted to be received in the holes,
`
`the stalk stomper being provided with a plate member
`having a cross bar adapted to be received in the recesses in the depending arm members on the tool bar
`assembly and
`a retention means on the plate member,
`
`whereby, to connect the stalk stomper to the tool bar assembly, the cross bar is engaged in the recesses and the
`stalk stomper is pivoted so that the plate member is above the pair of holes and the pin can be inserted into the
`transversely aligned holes to connect the stalk stomper to the tool bar assembly, the pin engaging the retention
`means so as to prevent longitudinal movement of the stalk stomper with respect to the tool bar assembly in
`operation to prevent the cross bar from disengaging from the recesses in use, and to disconnect the stalk stomper
`from the tool bar assembly, the pin is removed from the transversely aligned holes and the cross bar is removed
`from engagement with the recesses in the arm members.
`
`Publication www.lankota.com/pdf/LANSS600C2.pdf, online search
`performed on August 24, 2013, titled "Lankota, INC. LAN SS600C 2
`Installation Instructions: Stalk Stomper Attachment For John Deere 600
`Series Corn Heads: 2 Row Coverage," author: Lankota,
`www.lankota.com/pdf/LANSS600C2.pdf, online search performed on
`August 24, 2013, titled "Lankota, INC. LAN SS600C 2 Installation
`Instructions: Stalk Stomper Attachment For John Deere 600 Series Corn
`Heads: 2 Row Coverage," author: Lankota, Inc.
`Quick connect coupling for stalk stomper disclosed, but lacking several
`claimed limtiations.
`Not disclosed. No teaching of bracket having pair of spaced arm members.
`
`Not disclosed. The holes shown are not recesses.
`Not met. See previous elements.
`
`Not met. See previous elements.
`Unclear from Defendants' contentions what it contended