Deere sued AGCO in June 2018 alleging patent infringement. AGCO in turn challenged 10 Deere patents. In this recent development, the Patent Trial and Appeal Board ruled that two of those challenges were invalid.

The patents cover seed metering systems. AGCO argued that “aspects of earlier planting machines were known techniques that could be combined to come up with the patented seeder.”

The board characterized AGCO’s arguments as “simplistic and unpersuasive,” and said they failed to account for the differences between machines. The decision also said AGCO did not “explain how inevitable problems in combining the earlier know-how would be handled.”

Monsanto and Bayer have backed AGCO’s challenges and pledged to support the company.

Source: Bloomberg Law

“AgJunction has one of the most comprehensive steering and machine control IP portfolios in the industry,” said Bob Barjesteh, vice president of IP and general counsel of AgJunction. “These assets are vital to hands-free steering and machine control functions and are critical components of our corporate strategy. After years of attempting to negotiate a license with Kubota and its suppliers, we are left with no choice but to assert our patents in court.”

The lawsuit seeks monetary damages and an injunction to prevent Kubota from selling in the U.S. any products infringing AgJunction’s patented technology. Specifically named in the lawsuit are Kubota’s M7 Series tractors and their newer updated models with autosteer components.

Source: AgJunction Release