Case 1:18-cv-00827-UNA Document 1 Filed 06/01/18 Page 1 of 129 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`DEERE & COMPANY,
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`Plaintiff,
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`v.
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`AGCO CORPORATION,
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`Defendant.
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`C.A. No. _______________
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`JURY TRIAL DEMANDED
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`COMPLAINT
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`Plaintiff Deere & Company (“Deere” or “Plaintiff”), hereby files this Complaint for
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`patent infringement against Defendant, AGCO Corporation (“AGCO” or “Defendant”), and
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`states as follows:
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`NATURE OF LAWSUIT
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`1.
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`This is a claim for patent infringement arising under the patent laws of the United
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`States, Title 35 of the United States Code. Defendant infringes claims of U.S. Patent No.
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`8,813,663 (“the ’663 patent”), U.S. Patent No. 9,480,199 (“the ’199 patent”), U.S. Patent No.
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`9,807,922 (“the ’922 Patent”), U.S. Patent No. 9,820,429 (“the ’429 Patent”), U.S. Patent No.
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`8,850,998 (“the ’998 patent”), U.S. Patent 9,699,955 (“the ’955 patent”), U.S. Patent No.
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`9,807,924 (“the ’924 Patent”), U.S. Patent No. 9,686,906 (“the ’906 Patent”), U.S. Patent No.
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`8,671,856 (“the ’856 Patent”), and U.S. Patent No. 9,661,799 (“the ’799 Patent”), U.S. Patent
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`No. 9,861,031 (“the ’031 Patent”), and U.S. Patent No. 9,510,502 (“the ’502 Patent”)
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`(collectively, the “Asserted Patents”).
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`2.
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`3.
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`A true and correct copy of the ’663 Patent is attached as Exhibit 1.
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`A true and correct copy of the ’199 Patent is attached as Exhibit 2.
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`1
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`Ex. 3007
`IPR2019-01050
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`4.
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`5.
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`6.
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`7.
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`8.
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`9.
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`10.
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`11.
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`12.
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`13.
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`A true and correct copy of the ’922 Patent is attached as Exhibit 3.
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`A true and correct copy of the ’429 Patent is attached as Exhibit 4.
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`A true and correct copy of the ’998 Patent is attached as Exhibit 5.
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`A true and correct copy of the ’955 Patent is attached as Exhibit 6.
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`A true and correct copy of the ’924 Patent is attached as Exhibit 7.
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`A true and correct copy of the ’906 Patent is attached as Exhibit 8.
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`A true and correct copy of the ’856 Patent is attached as Exhibit 9.
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`A true and correct copy of the ’799 Patent is attached as Exhibit 10.
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`A true and correct copy of the ’031 Patent is attached as Exhibit 11.
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`A true and correct copy of the ’502 Patent is attached as Exhibit 12.
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`PARTIES
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`14.
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`Deere is a corporation organized and existing under the laws of the State of
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`Delaware, with its corporate headquarters and principal place of business located at One John
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`Deere Place, Moline, Illinois 61265.
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`15.
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`On information and belief, AGCO is a corporation organized and existing under
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`the laws of the State of Delaware, with its headquarters and principal place of business located at
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`4205 River Green Parkway, Duluth, Georgia 30096.
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`16.
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`On information and belief, on or about September 1, 2017, AGCO acquired assets
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`and assumed liabilities relating to the equipment business of Precision Planting LLC (“Precision
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`Planting”), which business has engaged in the infringing activities as described below under the
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`direction and control of AGCO.
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`17.
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`Attached hereto as Exhibit 13 is a true and correct copy of a press release dated
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`September 5, 2017 announcing the completion of the transaction referenced in Paragraph 16
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`above, published on Defendant’s website, as it appeared on May 24, 2018.
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`18.
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`Attached hereto as Exhibit 14 is a true and correct copy of AGCO’s Form 10-Q
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`quarterly report for the quarter ended September 30, 2017.
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`19.
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`Attached hereto as Exhibit 15 is a true and correct copy of AGCO’s Form 10-Q
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`quarterly report for the quarter ended March 31, 2018.
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`20.
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`As of the acquisition date, the results of operations of Precision Planting have
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`been included in AGCO’s Condensed Consolidated Financial Statements. See Ex. 14 at 11; Ex.
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`15 at 33–34.
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`JURISDICTION AND VENUE
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`21.
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`Deere’s claims for patent infringement against Defendant arise under the patent
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`laws of the United States, including 35 U.S.C. §§ 271 and 281–85.
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`22.
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`This Court has original subject matter jurisdiction over this suit pursuant to 28
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`U.S.C. §§ 1331 and 1338.
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`23.
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`This Court has personal jurisdiction over Defendant consistent with the Due
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`Process Clause of the United States Constitution and the Delaware Long-Arm Statute.
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`24.
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`On information and belief, Defendant is a Delaware corporation with a registered
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`agent in the State of Delaware located at 1209 North Orange Street, Wilmington, Delaware
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`19801. Thus, Defendant resides within, and has consented to, personal jurisdiction within this
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`District.
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`25.
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`In addition, Defendant has, directly or
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`through agents, subsidiaries, or
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`intermediaries, committed acts within Delaware giving rise to this action and/or has established
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`minimum contacts with Delaware such that this Court’s exercise of jurisdiction would not offend
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`traditional notions of fair play and justice. On information and belief, Defendant has regularly
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`and systematically transacted business in Delaware directly or through agents, subsidiaries, or
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`intermediaries, and/or committed acts of patent infringement in Delaware, as alleged in this
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`Complaint, that will lead to foreseeable harm and injury to Deere. On information and belief,
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`Defendant has placed, and continues to place, infringing products into the stream of commerce
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`by shipping those products into Delaware and/or knowing that the products would be shipped
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`into Delaware. On information and belief, Defendant has purposefully availed itself of the
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`privilege of doing business in Delaware, and maintained such continuous and systematic contacts
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`so as to authorize this Court’s exercise of personal jurisdiction over it in this matter.
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`26.
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`Attached hereto as Exhibit 16 is a true and correct copy of pages from
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`Defendant’s website that provide sales and contact information for dealers of Defendant’s White
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`Planter products in Delaware, as the website appeared on May 24, 2018.
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`27.
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`On information and belief, Defendant sells infringing products through at least
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`one such dealer in Delaware: Binkley & Hurst, LP, located at 22375 Sussex Highway, Seaford,
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`DE 19973. See Ex. 16 at 1.
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`28.
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`Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and 1400, at least
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`because Defendant resides in this district by virtue of its organization under the laws of the State
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`of Delaware, and because Defendant has committed acts of infringement and has a regular and
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`established place of business in this district.
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`DEERE’S TECHNOLOGY AND INTELLECTUAL PROPERTY
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`29.
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`The world’s population is growing rapidly, increasing by more than 200,000
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`people a day. As a result, global demand for food and other agricultural products—which has
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`already increased threefold since the mid-1960s—is expected to nearly double by 2050. In the
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`coming years, agricultural production will need to increase rapidly to generate enough food to
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`satisfy this growing population.
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`30.
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`In the United States alone in 2017, over 90 million acres of corn were planted,
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`yielding over 14 billion bushels of harvested corn. Likewise, during 2017, over 90 million acres
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`of soybeans were planted, yielding over 4 billion bushels of harvested soybeans.
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`31.
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`One of the most significant factors affecting the productivity of each acre planted
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`is seed placement. When seeds are planted too close to one another in a field, the seeds compete
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`for sunlight, water, and other resources. This competition adversely impacts growth for both
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`plants, resulting in diminished crop yield for farmers. Conversely, when seeds are planted too
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`far apart from one another, seed density and crop yields decrease, resulting in waste and lost
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`sales for farmers.
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`32.
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`Another significant factor recognized to affect productivity of farmland is
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`planting speed. Most crops have a limited time window within which seeds must be planted in
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`order to realize optimal crop yields. This window varies by region, crop, and year. For example,
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`in the American Midwest the optimal planting window to maximize corn yields typically lasts
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`for approximately three weeks between late April and early May. If seeds are planted before the
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`optimal planting window for a given crop in a given region, low soil temperatures may prevent
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`those seeds from germinating. If the seeds are planted too late, crops may not have enough time
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`to mature before the first fall-killing frost.
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`33. When using equipment to plant various crops, such as corn or soybeans, farmers
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`have historically made trade-offs between seed placement accuracy (i.e., optimal spacing and
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`depth control) and planting speed. Notably, under some common planting conditions, the
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`accuracy of a planter’s seed spacing can decline as speeds increase, resulting in lower crop
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`yields, and lost sales for farmers.
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`34. Most large-scale farmers use systems called planters to sow seed. An image of
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`the 90-foot-wide John Deere DB90 planter, which covers 36 rows with each pass, is depicted in
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`Figure 1.
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`FIGURE 1
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`In a standard configuration, a tractor tows a planter toolbar, on which multiple
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`35.
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`planter row units are mounted. These row units commonly include conventional components—
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`such as seed meters and seed tubes—for placing the seed in a furrow in the soil. For example,
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`many models of planters that are commonly used by farmers rely on finger-pickup seed meters
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`and gravity drop seed tubes for placing seeds, as shown in Figures 2A and 2B.
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`6
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`FIGURE 2B
`FIGURE 2A
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`After years of research, development, and extensive testing, Deere introduced its
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`36.
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`breakthrough ExactEmerge planter in 2014 to offer farmers better performance and productivity
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`capabilities than what was currently available with existing models of planter equipment.
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`ExactEmerge relies on unique and innovative features that can allow growers to plant corn and
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`soybean seeds more accurately at higher speeds (i.e., up to about 10 miles per hour or more
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`depending on planting conditions)—greatly exceeding the long-thought 5 mile-per-hour limit—
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`while delivering accurate seed placement and spacing. With the help of ExactEmerge, farmers
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`have been able to place seeds more accurately at faster speeds, meaning that planting time
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`decreases, wasted field capacity decreases, and crop yields and profit margins increase. Figure 3
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`shows an exemplary cut-away view of the ExactEmerge planter.
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`FIGURE 3
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`ExactEmerge is the latest revolutionary product in Deere’s nearly two hundred–
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`37.
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`year history of innovation in the planting and seeding industry. Deere’s predecessor company
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`was founded by John Deere, who opened a blacksmith shop in Grand Detour, Illinois in 1836.
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`At that time, the industry faced different problems—the cast iron plow blades used by farmers at
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`that time became easily clogged in the thick Midwestern soil. As a result, farmers had to stop
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`frequently to clean the plow. Deere experimented with polishing steel plow blades, and in 1837
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`introduced the self-scouring plow, a simple curved blade that allowed soil to drop off easily.
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`This plow was pivotal in opening the American Midwest to high-production agriculture.
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`Demand for Deere’s innovative plow soon outpaced his backyard blacksmith shop, and the John
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`Deere Company was born. By 1849, the John Deere Company was producing over 2,000 plows
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`a year.
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`8
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`38.
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`Today, Deere remains as committed to finding innovative and groundbreaking
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`solutions to difficult problems as it was in 1837. Deere spends billions of dollars on research and
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`development and capital expenditures, demonstrating Deere’s continuing commitment to
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`advanced products, new technologies, and efficient manufacturing.
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`39.
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`Deere has received widespread acclaim for its engineering and technological
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`achievements, including its ExactEmerge planter. For example, in 2016, Deere received fifteen
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`separate AE50 awards—more than one-quarter of all awards that year—presented for innovation
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`and engineering advancement by the American Society of Agricultural and Biological Engineers
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`(ASABE), a leading engineering society in the agricultural field. Deere repeated this
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`performance in 2017, receiving 10 separate AE50 awards, and in 2018, receiving 9 separate
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`AE50 awards. Deere’s ExactEmerge planter received its own AE50 award in 2015, with the
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`ASABE touting ExactEmerge as “the most highly productive row unit in the industry with an
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`exclusive seed delivery system that plants at speeds up to 16 kph (10 mph).”
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`40.
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`Deere’s innovative ExactEmerge planter has also been recognized by numerous
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`additional awards. For instance, in 2014, members of the ExactEmerge team were recognized by
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`the ASABE Quad City Section with the Outstanding Engineering Achievement Award. The
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`Section newsletter described how the “highly innovative design” of ExactEmerge “break[s] the
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`planting speed and accuracy barriers of traditional row-crop planting with the development of a
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`revolutionary new seed delivery system giving corn and soybean producers the ability to plant at
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`speeds up to 10 mph while maintaining superior seed placement.”
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`41.
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`Industry praise for ExactEmerge continued in 2015. Deere won three awards at
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`the SIMA 2015 Paris International Agri Business Show, including a gold innovation award for
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`ExactEmerge. ExactEmerge was also one of twenty products honored by Farm Industry News as
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`a 2015 FinOvation Award winner.
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`42.
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`In 2016, ExactEmerge received a Technical Innovation award at the FIMA
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`International Fair of Agricultural Machinery.
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`43.
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`Even this year, ExactEmerge has continued to receive international recognition of
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`its innovative design, winning a silver medal at the TechAgro 2018 Grand Prix Innovation
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`Awards.
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`44.
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`Deere’s planting equipment has achieved significant commercial success. Deere
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`is the leading seller of new planters in the United States, and Deere’s ExactEmerge technology
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`has been responsible for a significant portion of this success.
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`45.
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`Consistent with its tradition of innovation, Deere has been granted thousands of
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`U.S. patents on its products, covering countless inventions in fields ranging from agricultural
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`equipment (such as ExactEmerge), to construction equipment, to computer software and
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`networking.
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`46.
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`Among Deere’s many innovations are those disclosed and claimed in the Asserted
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`Patents.
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`47.
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`The Asserted Patents describe several of the unique and inventive aspects of
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`Deere’s planter row units, many of which are embodied in the state-of-the-art ExactEmerge
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`technology. The inventions described in and protected by the Asserted Patents can allow farmers
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`to achieve more accurate seed placement, even emergence, and more uniform seed spacing while
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`planting at higher speeds, thereby helping to minimize waste and maximize production yields by
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`making it easier to complete planting jobs within the optimal planting season window.
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`48.
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`For example, the Asserted Patents relate to “[a]n agricultural seeding machine
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`such as a row crop planter or grain drill [that] places seeds at a desired depth within a plurality of
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`parallel seed trenches formed in soil.” Ex. 1 at 1:18–21; see also, e.g., Ex. 2 at 1:20–22; Ex. 3 at
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`1:20–22; Ex. 4 at 1:20–22; Ex. 5 at 1:7–10; Ex. 6 at 1:20–22; Ex. 7 at 1:20–22; Ex. 8 at 1:20–22;
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`Ex. 9 at 1:17–19; Ex. 10 at 14–16; Ex. 11 at 1:20–22; Ex. 12 at 1:18–20.
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`49.
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`As described by the Asserted Patents, “[t]he mechanisms associated with
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`metering and placing the seeds generally can be divided into a seed metering system and a seed
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`placement system which are in series communication with each other.” Ex. 1 at 1:34–37
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`(emphasis added); see also, e.g., Ex. 2 at 1:35–38; Ex. 3 at 1:35–38; Ex. 4 at 1:35–38; Ex. 5 at
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`1:37–42; Ex. 6 at 1:35–38; Ex. 7 at 1:35–38; Ex. 8 at 1:35–38; Ex. 9 at 1:46–51; Ex. 10 at 1:46–
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`51; Ex. 11 at 1:35–38; Ex. 12 at 1:50–55.
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`50.
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`The Asserted Patents describe that “[t]he seed metering system receives the seeds
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`in a bulk manner from the seed hopper carried by the planter frame or by the row unit.” Ex. 1 at
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`1:37–39; see also, e.g., Ex. 2 at 1:38–40; Ex. 3 at 1:38–40; Ex. 4 at 1:38–40; Ex. 5 at 3:13–17;
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`Ex. 6 at 1:38–40; Ex. 7 at 1:38–40; Ex. 8 at 1:38–40; Ex. 9 at 1:22–26; Ex. 10 at 1:20–24; Ex. 11
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`at 1:38–40; Ex. 12 at 1:24–28.
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`51.
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`The Asserted Patents describe that “[t]he most common seed delivery system may
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`be categorized as a gravity drop system,” Ex. 1 at 1:50–51; see also, e.g., Ex. 2 at 1:52–53; Ex. 3
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`at 52–53; Ex. 4 at 1:52–53; Ex. 5 at 1:37–40; Ex. 6 at 1:52–53; Ex. 7 at 1:52–53; Ex. 8 at 1:52–
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`53; Ex. 9 at 1:46–49; Ex. 10 at 1:46–49; Ex. 11 at 1:52–53; Ex. 12 at 1:50–53, in which “seeds
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`from the seed metering system merely drop into the seed tube and fall via gravitational force
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`from a discharge end thereof into the seed trench.” Ex. 1 at 1:53–56; see also, e.g., Ex. 2 at
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`1:55–58; Ex. 3 at 1:55–58; Ex. 4 at 1:55–58; Ex. 5 at 1:37–40; Ex. 6 at 1:55–58; Ex. 7 at 1:55–
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`58; Ex. 8 at 1:55–58; Ex. 9 at 1:46–49; Ex. 10 at 1:46–49; Ex. 11 at 1:55–58; Ex. 12 at 1:50–53.
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`52.
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`However, as described by the Asserted Patents, “[u]ndesireable variation in
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`resultant in-ground seed spacing can be attributed to differences in how individual seeds exit the
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`metering system and drop through the seed tube. The spacing variation is exacerbated by higher
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`travel speeds through the field which amplifies the dynamic field conditions. Further seed
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`spacing variations are caused by the inherent relative velocity difference between the seeds and
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`the soil as the seeding machine travels through a field. This relative velocity difference causes
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`individual seeds to bounce and tumble in somewhat random patterns as each seed comes to rest
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`in the trench.” Ex. 1 at 1:60–2:3; see also, e.g., Ex. 2 at 1:62–2:5; Ex. 3 at 1:62–2:5; Ex. 4 at
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`1:62–2:5; Ex. 5 at 1:37–51; Ex. 6 at 1:62–2:5; Ex. 7 at 1:62–2:5; Ex. 8 at 1:62–2:5; Ex. 9 at
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`1:46–58; Ex. 10 at 1:46–60; Ex. 11 at 1:62–2:5; Ex. 12 at 1:50–62.
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`53.
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`To address this problem, the Asserted Patents describe “a seed delivery system
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`that removes the seed from the seed meter by capturing the seed. The delivery system then
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`moves the seed down to a lower discharge point and accelerates the seed rearward to a horizontal
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`velocity approximately equal to the forward travel speed of the seeding machine such that the
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`seed, when discharged, has a low or zero horizontal velocity relative to the ground. Rolling of
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`the seed in the trench is reduced as a result of the near zero horizontal velocity relative to the
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`ground.” Ex. 1 at 2:23–32; see also, e.g., Ex. 2 at 2:25–34; Ex. 3 at 25–34; Ex. 4 at 2:25–34; Ex.
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`5 at 9:6–14; Ex. 6 at 2:25–34; Ex. 7 at 2:25–45; Ex. 8 at 2:25–34; Ex. 9 at 9:20–28; Ex. 10 at
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`9:28–36; Ex. 11 at 2:25–34; Ex. 12 at 9:34–42.
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`54.
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`For example, Figure 2 of the ’663 Patent appears as Figure 4 below:
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`FIGURE 4
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`Ex. 1 at Fig. 2. The other Asserted Patents contain similar disclosures. See also, e.g., Ex. 2 at
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`Fig. 2; Ex. 3 at Fig 2; Ex. 4 at Fig. 2; Ex. 5 at Figs. 1–2; Ex. 6 at Fig. 2; Ex. 7 at Fig. 2; Ex. 8 at
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`Fig. 2; Ex. 9 at Figs. 1–2; Ex. 10 at Figs. 1–2; Ex. 11 at Fig. 2; Ex. 12 at Figs. 1–2.
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`55.
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`As disclosed in the ’663 Patent with reference to Figure 2, “[a] row unit 16 is
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`shown in greater detail in FIG. 2. . . . Seed is stored in seed hopper 24 and provided to a seed
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`meter 26. Seed meter 26 is of the type that uses a vacuum disk . . . . From the seed meter 26 the
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`seed is carried by a delivery system 28 into a planting furrow, or trench, formed in the soil . . . .
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`The toolbar and row unit are designed to be moved over the ground in a forward working
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`direction identified by arrow 38.” Ex. 1 at 3:9–26; see also, e.g., Ex. 2 at 3:13–30; Ex. 3 at 3:14–
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`32; Ex. 4 at 3:13–32; Ex. 5 at 3:8–21; Ex. 6 at 3:14–32; Ex. 7 at 3:14–32; Ex. 8 at 3:14–32; Ex. 9
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`at 3:19–33; Ex. 10 at 3:20–33; Ex. 11 at 3:14–32; Ex. 12 at 3:27–40.
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`56.
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`Additionally, Figure 3 of the ’663 Patent appears as Figure 5 below:
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`FIGURE 5
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`Ex. 1 at Fig. 3. The other Asserted Patents contain similar disclosures. See also, e.g., Ex. 2 at
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`Fig. 3; Ex. 3 at Fig. 3; Ex. 4 at Fig. 3; Ex. 5 at Figs. 6, 10–12; Ex. 6 at Fig. 3; Ex. 7 at Fig. 3; Ex.
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`8 at Fig. 3; Ex. 9 at Figs. 6, 10–12; Ex. 10 at Figs. 6, 10–12; Ex. 11 at Fig. 3; Ex. 12 at Figs. 6,
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`10–12.
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`57.
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`As disclosed in the ’663 Patent with reference to Figure 3, “the seed delivery
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`system 28 . . . . includes a housing 48 position adjacent the seed disk 50 of the seed meter. The
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`seed disk 50 is a generally flat disk with a plurality of apertures 52 . . . . Seeds 56 are collected
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`on the apertures from a seed pool and adhere to the disk by air pressure differential . . . .” Ex. 1
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`at 3:34–40; see also, e.g., Ex. 2 at 3:38–44; Ex. 3 at 3:40–46; Ex. 4 at 3:40–46; Ex. 5 at 3:57–
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`14
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`4:21; Ex. 6 at 3:40–46; Ex. 7 at 3:40–46; Ex. 8 at 3:40–46; Ex. 9 at 4:1–32; Ex. 10 at 4:3–34; Ex.
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`11 at 3:40–46; Ex. 12 at 4:9–40.
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`58.
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`“An upper opening 58 in the housing side wall 53 admits the seed from the
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`metering disk 50 into the housing. A pair of pulleys 60, 62 are mounted inside the housing 48.
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`The pulleys support a belt 64 for rotation within the housing. . . . A lower housing opening 78 is
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`formed in the side wall 53 and is positioned as close to the bottom 80 of the seed trench as
`
`possible. . . . The housing side wall forms an exit ramp 84 at the lower opening 78.” Ex. 1 at
`
`3:47–62; see also, e.g., Ex. 2 at 3:52–67; Ex. 3 at 3:52–4:2; Ex. 4 at 3:52–4:2; Ex. 5 at 5:43–60;
`
`Ex. 6 at 3:52–4:2; Ex. 7 at 3:52–4:2; Ex. 8 at 3:52–4:2; Ex. 9 at 5:54–6:4; Ex. 10 at 5:58–6:9; Ex.
`
`11 at 3:54–4:2; Ex. 12 at 5:64–6:15.
`
`59.
`
`The ’663 Patent also discloses “a loading wheel 86 provided adjacent the upper
`
`opening 58 . . . .” Ex. 1 at 3:63–64; see also, e.g., Ex. 2 at 4:1–2; Ex. 3 at 4:3–4; Ex. 4 at 4:3–4;
`
`Ex. 5 at 6:32–67; Ex. 6 at 4:3–4; Ex. 7 at 4:3–4; Ex. 8 at 4:3–4; Ex. 9 at 6:44–7:12; Ex. 10 at
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`6:49–7:18; Ex. 11 at 4:3–4; Ex. 12 at 6:55–7:25.
`
`60.
`
`“The seeds are transferred from the seed meter to the delivery system as the seeds
`
`are brought by the disk into the nip 88.” Ex. 1 at 4:16–18; see also, e.g., Ex. 2 at 4:21–23; Ex. 3
`
`at 4:23–25; Ex. 4 at 4:23–25; Ex. 5 at 5:61–6:6; Ex. 6 at 4:23–25; Ex. 7 at 4:23–25; Ex. 8 at
`
`4:23–25; Ex. 9 at 6:5–18; Ex. 10 at 6:10–22; Ex. 11 at 4:23–25; Ex. 12 at 6:16–28.
`
`61.
`
`“With the delivery system 28, the seed is captured by the delivery system to
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`remove the seed from the seed meter. The seed is then moved by the delivery system to the seed
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`discharge point where the seed is accelerated in a rearward horizontal direction to the housing.
`
`From the seed meter to the discharge, the seed travel is controlled by the delivery system, thus
`
`maintaining the seed spacing relative to one another.” Ex. 1 at 5:4–11; see also, e.g., Ex. 2 at
`
`
`
`15
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`

`

`Case 1:18-cv-00827-UNA Document 1 Filed 06/01/18 Page 16 of 129 PageID #: 16
`
`
`5:11–18; Ex. 3 at 5:13–20; Ex. 4 at 5:13–20; Ex. 5 at 8:57–9:5; Ex. 6 at 5:13–20; Ex. 7 at 5:13–
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`20; Ex. 8 at 5:13–20; Ex. 9 at 9:4–19; Ex. 10 at 9:12–27; Ex. 11 at 5:13–20; Ex. 12 at 9:18–33.
`
`THE INFRINGING AGCO PRODUCTS
`
`62.
`
`Defendant manufactures and sells agricultural equipment including planters and
`
`seeding equipment.
`
`63.
`
`In the first quarter of 2018, sales of Precision Planting equipment were reported as
`
`$61.2 million by AGCO in its quarterly report.
`
`64.
`
`Defendant designs, develops, manufactures, and markets the White Planter 9800
`
`VE Series Products (the “White Planter Products”).
`
`65.
`
`Attached hereto as Exhibit 17 is a true and correct copy of Defendant’s
`
`publication titled “White Planters, the 9800VE Series,” published on Defendant’s website, as it
`
`appeared on May 24, 2018.
`
`66.
`
`On information and belief, Defendant’s White Planter Products are planters. For
`
`example, Defendant’s White Planter Products are shown below in Figure 6. Ex. 17 at 8.
`
`
`
`16
`
`

`

`Case 1:18-cv-00827-UNA Document 1 Filed 06/01/18 Page 17 of 129 PageID #: 17
`
`
`FIGURE 6
`
`On information and belief, Precision Planting designs, develops, manufactures,
`
`67.
`
`and markets the vSet Classic and vSet 2 products (collectively, “vSet Products”).
`
`68.
`
`On information and belief, since no later than September 1, 2017, when
`
`Defendant acquired certain assets and assumed certain liabilities relating to the equipment
`
`business of Precision Planting, Defendant has designed, developed, manufactured, and marketed
`
`the vSet Products acting either alone and/or in combination with Precision Planting.
`
`69.
`
`Attached hereto as Exhibit 18 is a true and correct copy of pages from Precision
`
`Planting’s website that describe the vSet Products, as the website appeared on May 24, 2018.
`
`70.
`
`Attached hereto as Exhibit 19 is a true and correct copy of Precision Planting’s
`
`publication titled “Tech Bulletin: vSet 2 Features and Comparison with vSet Classic,” published
`
`on Precision Planting’s website, as it appeared on May 24, 2018.
`
`
`
`17
`
`

`

`Case 1:18-cv-00827-UNA Document 1 Filed 06/01/18 Page 18 of 129 PageID #: 18
`
`
`71.
`
`On information and belief, Precision Planting’s vSet Products are seed meters,
`
`also called seed metering systems. The vSet Products are shown below in Figure 7. See, e.g.,
`
`Ex. 19 at 2, 5.
`
`
`
`
`
`
`
`vSet Classic
`
`vSet 2
`
`FIGURE 7
`
`On information and belief, the vSet Products feature “disks” that are “designed
`
`72.
`
`with special pockets that load the disk completely” with seed. Ex. 18 at 4. The disks included in
`
`the vSet Products are shown in Figure 8. Id.
`
`
`
`18
`
`

`

`Case 1:18-cv-00827-UNA Document 1 Filed 06/01/18 Page 19 of 129 PageID #: 19
`
`
`FIGURE 8
`
`On information and belief, the vSet Products are designed and configured to
`
`73.
`
`meter a variety of plant seed and beans. For example, Figure 9A shows the vSet Products
`
`metering corn seed, and Figure 9B shows the vSet Products metering soy beans. See Ex. 18 at 3
`
`(video embedded on webpage).
`
`FIGURE 9B
`FIGURE 9A
`
`
`On information and belief, the vSet Products receive seeds from a seed hopper
`
`74.
`
`and, with the assistance of seed disks configured for use with a vacuum source, isolate individual
`
`seeds for further processing and planting.
`
`
`
`19
`
`

`

`Case 1:18-cv-00827-UNA Document 1 Filed 06/01/18 Page 20 of 129 PageID #: 20
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`
`75.
`
`Precision Planting also designs, develops, manufactures, and markets the
`
`SpeedTube product (hereinafter, “SpeedTube”).
`
`76.
`
`On information and belief, since no later than September 1, 2017, when
`
`Defendant acquired certain assets and assumed certain liabilities relating to the equipment
`
`business of Precision Planting, Defendant has designed, developed, manufactured, and marketed
`
`the SpeedTube product acting either alone and/or in combination with Precision Planting.
`
`77.
`
`Attached hereto as Exhibit 20 is a true and correct copy of pages from Precision
`
`Planting’s website that describe the SpeedTube product, as the website appeared on May 24,
`
`2018.
`
`78.
`
`The SpeedTube product is a seed delivery system that “control[s] the seed all the
`
`way from the meter disk to the furrow . . . .” Ex. 20 at 6. The SpeedTube product is shown
`
`below in Figure 10. Id. at 2.
`
`FIGURE 10
`
`Precision Planting states that “[f]eeder wheels at the top of the SpeedTube grab
`
`79.
`
`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.” Ex. 20 at 3. For example, as shown in Figure 11, this operation is shown
`
`on Precision Planting’s website for its SpeedTube product. Id. at 3.
`
`
`
`20
`
`

`

`Case 1:18-cv-00827-UNA Document 1 Filed 06/01/18 Page 21 of 129 PageID #: 21
`
`
`FIGURE 11
`
`Attached hereto as Exhibit 21 is a true and correct copy of Precision Planting’s
`
`80.
`
`SpeedTube Operations Manual, as it appeared on May 24, 2018.
`
`81.
`
`Precision Planting also states that when the SpeedTube product is to be used for
`
`soybean planting, a “soybean deflector” may be installed. For example, as shown in Figure 12,
`
`this operation is shown in the SpeedTube Operations Manual on Precision Planting’s website.
`
`Ex. 21 at 14.
`
`
`
`21
`
`

`

`Case 1:18-cv-00827-UNA Document 1 Filed 06/01/18 Page 22 of 129 PageID #: 22
`
`
`FIGURE 12
`
`Precision Planting further states that “[t]he belt matches the speed of the planter
`
`82.
`
`and carries the seed to the bottom of the trench. SpeedTube doesn’t rely on gravity to get the
`
`seed in the right place. It controls the seed from meter to furrow.” Ex. 20 at 4. For example, as
`
`shown in Figure 13, this operation is shown on Precision Planting’s website for its SpeedTube
`
`
`
`product. Id.
`
`
`
`FIGURE 13
`
`22
`
`

`

`Case 1:18-cv-00827-UNA Document 1 Filed 06/01/18 Page 23 of 129 PageID #: 23
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`
`
`Additionally, Precision Planting further states that “[t]he belt spins at a rate that
`
`83.
`
`increases and decreases with planter speed, so you get optimal seed placement. Planting is
`
`consistent, regardless of planter speed. There is no bounce or roll in the trench. Spacing accuracy
`
`and yield are preserved.” Ex. 20 at 5. For example, as shown in Figure 14, this operation is
`
`shown on Precision Planting’s website for its SpeedTube product. Id.
`
`FIGURE 14
`
`84. Moreover, Precision Planting states that SpeedTube enables users to “[p]lant two
`
`times faster without sacrificing accuracy,” and that “[p]owered with a 12 volt motor and
`
`integrated controller and seed sensor, SpeedTube has a belt that spins at a rate that changes with
`
`planter speed. By eliminating seed roll, you get optimal seed placement while planting at two
`
`times the speed you’ve planted in the past.” Ex. 20 at 5. For example, as shown in Figure 15,
`
`this operation is described on Precision Planting’s website for its SpeedTube product. Id.
`
`
`
`23
`
`

`

`Case 1:18-cv-00827-UNA Document 1 Filed 06/01/18 Page 24 of 129 PageID #: 24
`
`
`FIGURE 15
`
`85.
`
`Precision Planting also states that “[g]ravity is taken out of the equation with
`
`SpeedTube,” and that “[b]y controlling the seed all the way from the meter disk to the furrow,
`
`the problem is solved. Feeder wheels at the top of the SpeedTube 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.” Ex.
`
`20 at 6. For example, as shown in Figure 16, this operation is described on Precision Planting’s
`
`website for its SpeedTube product. Id.
`
`FIGURE 16
`
`24
`
`
`
`
`
`

`

`Case 1:18-cv-00827-UNA Document 1 Filed 06/01/18 Page 25 of 129 PageID #: 25
`
`
`86.
`
`Precision Planting’s website also demonstrates that the SpeedTube is configured
`
`to operate at a variety of different seeding speeds. For example, as shown in Figures 17A and
`
`17B, the SpeedTube is configured to operate at a two different seeding speeds. Ex. 20 at 6
`
`(video embedded on webpage).
`
`FIGURE 17A
`
`
`
`
`
`
`FIGURE 17B
`
`On information and belief, Precision Planting’s vSet Products are specifically
`
`87.
`
`configured to work in combination with Precision Planting’s SpeedTube product.
`
`
`
`25
`
`

`

`Case 1:18-cv-008