IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELA WARE
`
`DEERE & CO:MPANY,
`
`Plaintiff,
`
`v.
`
`AGCO CORPORATION and
`PRECISION PLANTING LLC,
`
`Defendants.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 18-827 (CFC)
`CONSOLIDATED
`
`STIPULATION AND f PROPOSEi~RDER
`TO STAY CASE PENDING INTER PARTES REVIEW 11#<
`
`WHEREAS, Plaintiff Deere & Company ("Deere") filed an amended
`
`complaint against Precision Planting, LLC ("Precision") and AGCO Corporation
`
`("AGCO") ( collectively, "Defendants"), alleging infringement of U.S. Patent No.
`
`8,813,663 ('"663 Patent"); U.S. Patent No. 9,480,199 ("' 199 Patent"); U.S. Patent
`
`No. 9,807,922 ("'922 Patent"); U.S. Patent No. 9,820,429 ('"429 Patent");
`
`U.S. Patent No. 8,850,998 ("'998 Patent"); U.S. Patent No. 9,699,955 ('"955
`
`Patent"); U.S. Patent No. 9,807,924 ("'924 Patent"); U.S. Patent No. 9,686,906
`
`("'906 Patent"); U.S. Patent No. 8,671,856 ("' 856 Patent"); U.S. Patent No.
`
`9,661,799 ('"799 Patent"); U.S. Patent No. 9,861,031 ('"031 Patent"); U.S. Patent
`
`No. 9,510,502 ("' 502 Patent"); and U.S. Patent No. I 0,004, 173 ("' 173 Patent")
`
`( collectively, the "Asserted Patents");
`
`
`FOR THE DISTRICT OF DELA WARE
`
`DEERE & CO:MPANY,
`
`Plaintiff,
`
`v.
`
`AGCO CORPORATION and
`PRECISION PLANTING LLC,
`
`Defendants.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 18-827 (CFC)
`CONSOLIDATED
`
`STIPULATION AND f PROPOSEi~RDER
`TO STAY CASE PENDING INTER PARTES REVIEW 11#<
`
`WHEREAS, Plaintiff Deere & Company ("Deere") filed an amended
`
`complaint against Precision Planting, LLC ("Precision") and AGCO Corporation
`
`("AGCO") ( collectively, "Defendants"), alleging infringement of U.S. Patent No.
`
`8,813,663 ('"663 Patent"); U.S. Patent No. 9,480,199 ("' 199 Patent"); U.S. Patent
`
`No. 9,807,922 ("'922 Patent"); U.S. Patent No. 9,820,429 ('"429 Patent");
`
`U.S. Patent No. 8,850,998 ("'998 Patent"); U.S. Patent No. 9,699,955 ('"955
`
`Patent"); U.S. Patent No. 9,807,924 ("'924 Patent"); U.S. Patent No. 9,686,906
`
`("'906 Patent"); U.S. Patent No. 8,671,856 ("' 856 Patent"); U.S. Patent No.
`
`9,661,799 ('"799 Patent"); U.S. Patent No. 9,861,031 ('"031 Patent"); U.S. Patent
`
`No. 9,510,502 ("' 502 Patent"); and U.S. Patent No. I 0,004, 173 ("' 173 Patent")
`
`( collectively, the "Asserted Patents");
`
`
`
`WHEREAS, on August 9, 2019, Deere narrowed its asserted claims pursuant
`
`to the Court's Scheduling Order (D.I. 72) to the following claims ("Asserted
`
`Claims"): claims 1 and 6 of the '663 Patent; claims 1 and 5 of the '199 Patent;
`
`claims 19 and 20 of the '429 Patent; claim 3 of the '998 Patent; claims 19 and 20
`
`of the '955 Patent; claims 12 and 15 of the '924 Patent; claims 4 and 6 of the '906
`
`Patent; claim 2 of the '799 Patent; claims 8 and 16 of the '031 Patent; claims 14,
`
`19, and 22 of the '502 Patent; and claim 6 of the '173 Patent;
`
`WHEREAS, between May 24, 2019, and June 3, 2019, Defendants filed
`
`petitions for inter partes review directed to the '663 Patent, the ' 199 Patent, the
`
`'922 Patent, the '429 Patent, the '955 Patent, the '924 Patent, the '906 Patent, the
`
`'031 Patent, the '502 Patent, and the '173 Patent ("Defendants' IPR Petitions"),
`
`alleging that all asserted claims of these patents with the exception of claim 5 of
`
`the '199 Patent are invalid, before the Patent Trial and Appeal Board ("PT AB") of
`
`the United States Patent and Trademark Office ("PTO");
`
`WHEREAS, between December 2, 2019, and December 11, 2019, the PTAB
`
`issued decisions to institute inter partes review as to the '663 Patent, the '199
`
`Patent, the '906 Patent, and the '031 Patent ("Instituted IPR Proceedings") 1
`;
`
`WHEREAS, the PT AB' s five remaining institution decisions for the
`
`'922 Patent, the '429 Patent, the '955 Patent, the '924 Patent, and the '173 Patent
`
`The term "Instituted IPR Proceedings" also includes any of Defendants' IPR
`Petitions that are instituted after the filing date of this stipulation.
`
`2
`
`
`
`are due by January 24, 2020, January 9, 2020, January 18, 2020, January 9, 2020,
`
`and January 18, 2020, respectively;
`
`WHEREAS, on October 31, 2017, Deere filed a reissue application for the
`
`'502 Patent
`
`("' 502 Patent Reissue Proceeding") before
`
`the PTO; on
`
`January 24, 2019, the PTO rejected all of the original and new claims of the '502
`
`Patent; on April 23, 2019, Deere filed an Amendment; and on November 4, 2019,
`
`the PTO issued a final office action rejecting all of the original and new claims of
`
`the '502 Patent (including all the '502 Patent claims asserted in this litigation);
`
`WHEREAS, on December 3, 2019, the Court held a Markman hearing and
`
`issued claim construction rulings as to several disputed terms (D.I. 188), deferred
`
`ruling on additional disputed terms ("unresolved disputed terms"), and ordered
`
`simultaneous supplemental briefing as to two of the unresolved disputed terms,
`
`which were submitted on December 17, 2019;
`
`WHEREAS, the parties have met and conferred and have agreed to the entry
`
`of a stay in the above action;
`
`THE PARTIES HEREBY STIPULATE AND AGREE, subject to the
`
`Court's approval, that this action is stayed, except to the extent the Court is
`
`inclined to issue claim construction rulings as to the unresolved disputed terms that
`
`were the subject of the December 3 Markman hearing; and the action shall remain
`
`stayed pending resolution of the Instituted IPR Proceedings before the PTAB.
`
`3
`
`
`
`Within fourteen (14) days after the issuance of the Final Written Decision on
`
`the last remaining Instituted IPR Proceeding that challenges the validity of any
`
`Asserted Claim, the parties shall file a joint status report informing the Court of the
`
`status of the Instituted IPR Proceedings and the '502 Patent Reissue Proceeding
`
`along with their positions on the proposed course of this action.
`
`YOUNGCONAWAYSTARGATI&TAYLORLLP MORRIS,NICHOLS,ARsHT&TuNNELLLLP
`
`/s/ .JLtfam 'W (]'ojf
`
`/s/ Jacl <B. <B{umenjeftf
`
`Adam W. Poff (#3990)
`Pilar G. Kraman (#5199)
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`(302) 571-6600
`apoff@ycst.com
`pkraman@ycst.com
`
`Attorneys for Plaintiff
`Deere & Company
`
`Jack B. Blumenfeld (#1014)
`Jeremy A. Tigan (#5239)
`Anthony D. Raucci (#5948)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`jtigan@mnat.com
`araucci@mnat.com
`
`Attorneys for Defendants
`AGCO Corporation and Precision
`Planting LLC
`
`4
`
`
`
`OF COUNSEL:
`
`OF COUNSEL:
`
`Richard L. Rainey
`Kevin B. Collins
`R. Jason Fowler
`Jay I. Alexander
`Daniel E. Valencia
`Nicholas L. Evoy
`COVINGTON & BURLING LLP
`One CityCenter
`850 Tenth Street, NW
`Washington, DC 20001-4956
`(202) 662-5565
`
`Michael J. Summersgill
`Jordan L. Hirsch
`Michaela P. Sewall
`WILMER CUTLER PICKERING HALE AND
`DORRLLP
`60 State Street
`Boston, MA 021 09
`(617) 526-6000
`
`Mary (Mindy) V. Sooter
`WILMER CUTLER PICKERING HALE AND
`DORRLLP
`1225 17th Street, Suite 2600
`Denver, CO 80202
`(720) 274-3135
`
`Grant K. Rowan
`Heath A. Brooks
`Michael Wolin
`WILMER CUTLER PICKERING HALE AND
`DORRLLP
`1875 Pennsylvania A venue, NW
`Washington, DC 20006
`(202) 663-6000
`
`December 18, 2019
`
`.
`SO ORDERED this~ day of December, 2019.
`
`~_,,,..
`
`onnolly
`The Honorable Colm F
`United States District Judge
`,11ll11a • J
`fJpfe - 7"' C,vrt'
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`
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