DMI, Inc. v. Deere & Co.
| Decision Date | 30 September 1986 |
| Docket Number | Nos. 86-775,86-797,s. 86-775 |
| Citation | 802 F.2d 421,231 USPQ 276 |
| Parties | DMI, INC., Appellant/Cross-Appellee, v. DEERE & COMPANY, Appellee/Cross-Appellant. Appeal |
| Court | U.S. Court of Appeals — Federal Circuit |
James J. Hall, Emrich & Dithmar, Chicago, Ill., for appellant/cross-appellee.
John V. Patton, Bozeman, Neighbour, Patton & Noe, Moline, Ill., argued for appellee/cross-appellant. With him on the brief was Virgin Bozeman. Also on the brief were Robert H. Fraser, Fraser & Bogucki, Los Angeles, Cal., and R.L. Hollister and H. Vincent Harsha, Deere & Co., Moline, Ill.
Before MARKEY, Chief Judge, and DAVIS and BISSELL, Circuit Judges.
Appeal and cross-appeal from a judgment of the United States District Court for the Central District of Illinois. In Appeal No. 86-775, DMI, Inc. (DMI) appeals from a judgment entered on a jury verdict declaring invalid Claims 1, 6 and 8 of U.S. Patent No. 3,817,333, issued on June 18, 1974, to Jon E. Kinzenbaw ('333 patent). We affirm.
In Appeal No. 86-797, Deere & Company (Deere) contests a jury verdict of infringement. Because no judgment was entered on that verdict, that appeal is dismissed.
The invention disclosed in the '333 patent is a multiple-unit plow system whose width is adjustable while the plow is moving.
The force required to pull a plow depends, in part, on the plow's width. A Claims 1 and 8 are the only independent claims of the '333 patent. Claim 1 reads:
plow's width depends on the spacing between its plow units, each of which cuts a separate furrow. In the plow disclosed in the '333 patent, the plow units rotate, enabling the spacing between them to be adjusted to accommodate different plowing conditions. A hydraulic cylinder actuates the adjustment, so that the tractor operator can change the plow's width while the plow is moving. DMI calls this "on-the-go" adjustability. The plow also contains other features that compensate for its changed configuration after width adjustment. The plow's tail section rotates with the plow units, so that the rear wheel always stays in the furrow cut by the plow unit directly ahead of it. The hydraulic cylinder that actuates the plow unit rotation also actuates the tail section rotation. In addition, the plow contains a steering linkage that maintains the plow's rear wheel parallel to the direction of travel. DMI calls this "compensated steering".
In a plow system adapted to be pulled behind a traction vehicle and including a plurality of plow units each provided with a ground-working implement, and a main frame including a main horizontal beam inclined relative to the direction of travel of said plow system, and connected to said tractor for rotation about a vertical axis, the combination comprising: means for mounting said plow units to said inclined beam for rotation in a continuous manner about respective vertical axes; a real [sic] tail section mounted to the distal end of said inclined mean [sic] beam for rotation about a vertical axis and including a steering wheel; a guide beam pivotally mounted to each of said plow units and to said tail section and extending generally parallel to said inclined beam; hydraulic power actuated means controllable from the operator's position while said vehicle is in motion and connected between said guide beam and said frame for rotating said plow units together about their respective axes over a continuous range, such that the cut lines of all plow units remain parallel and define a predetermined angular relationship to said main beam to thereby provide an adjustable spacing between furrows formed by said plow units when pulled by said tractor; means for attaching said main frame to a traction vehicle for rotation about a vertical axis; and steering means connected between said vehicle and said steering wheel and responsive to the turning of said vehicle for turning said steering wheel in a direction opposite to the turning of said tractor, said steering means including compensating means for maintaining said steering wheel parallel to said plow units under normal operation for all settings of the spacing between said plow units, whereby the tail end of said plow system is caused to track the movement of said tractor during turning and said steering wheel is steered in the direction of travel of said vehicle to cause said tail section to align with the direction of travel of said vehicle for all lateral settings of said plow units.
Claim 6 reads:
The system of claim 1 further comprising power-actuated means carried by said tail section for lifting the distal end of said inclined beam and the forward end of said tail section relative to said steering wheel to adjust the height of said plows.
Claim 8 reads:
In a plow system adapted to be pulled behind a traction vehicle and including a plurality of plow units each provided with a ground-working implement, and a main frame including a main horizontal beam inclined relative to the direction of travel of said plow system, the combination comprising: hitch means for connecting said main beam to a traction vehicle for rotation about a vertical axis; means for mounting said plow units to said inclined beam for rotation about their respective vertical axes to adjust the lateral spacing of said units, the trailing plow unit including a rearwardly extending tail beam pivotally connected to the rear end of said inclined beam and a
trailing steering wheel mounted to said tail beam to follow behind the rear ground-working implement for supporting the rear end thereof; an elongated guide beam pivotally mounted to each of said plow units and extending generally parallel to said inclined beam; power actuated means controllable from the operator's position while said vehicle is in motion for forcing said guide beam longitudinally to adjust the angular disposition of said plow units in unison; and steering means connected between said vehicle and said steering wheel and responsive to the turning of said traction vehicle for steering said trailing steering wheel to follow behind said traction vehicle during turns and including compensation means for correcting the disposition of said trailing wheel for proper alignment with said rear ground-working implement to follow therebehind for all lateral adjustments of said units; said hitch means being the only support of the forward end of said plow system, and said axes of rotation of all of said units being located relative to the vertical axis of said hitch means whereby the leading plow unit will shift a given distance sideways relative to the rear furrow wheel of said vehicle when said power actuated means is adjusted and all other plow units will move a multiple of said given distance sideways from said rear furrow wheel of said vehicle.
In 1971, DMI, the assignee of the '333 patent, began manufacturing the plow disclosed therein. White Farm Equipment Company subsequently began manufacturing a similar plow. DMI sued White for patent infringement. White agreed in 1976 to take a license from DMI, and the lawsuit was dropped.
In 1978, International Harvester began manufacturing an "on-the-go" adjustable width plow. DMI sued International Harvester for patent infringement in 1980. International Harvester took a license from DMI to manufacture a plow like the one disclosed in the '333 patent, but did not agree to include the allegedly infringing model. Instead, International Harvester filed with the Patent and Trademark Office (PTO) a Request for Reexamination of the '333 patent. After the PTO denied the request, International Harvester agreed to modify its license to include the allegedly infringing plow, and the lawsuit was dropped.
Deere began selling an "on-the-go" adjustable width plow in 1978, resulting in this litigation.
On May 23, 1983, DMI sued Deere in the United States District Court for the Northern District of Iowa for infringing the '333 patent. On May 24, 1983, Deere filed a declaratory judgment action in the Central District of Illinois alleging patent invalidity, unenforceability, and non-infringement. On the parties' motion, the Iowa suit was transferred and the district court for the Central District of Illinois consolidated the suits.
The district court granted Deere's motion for summary judgment of non-infringement. DMI appealed to this court, which reversed and remanded. DMI, Inc. v. Deere & Co., 755 F.2d 1570, 225 USPQ 236 (Fed.Cir.1985).
The district court conducted a five-day jury trial in October 1985. After instructing the jury, the court gave the jury a special verdict form (Fed.R.Civ.P. 49(a)) containing seven questions requiring yes or no answers. The jury answered: (1) the invention set forth in claims 1, 6, and 8 would have been obvious to a person of ordinary skill in the art at the time the invention was made; (2) two questions saying Deere's plow included a compensating means; (3) Deere infringed claims 1, 6, and 8 under the doctrine of equivalents; (4) Deere did not literally infringe claim 1; (5) the patent disclosed the best mode, and (6) contained an enabling disclosure.
On October 29, 1985, based on the jury's answer (1), the district court entered judgment in favor of Deere.
Both parties subsequently moved for judgment notwithstanding the verdict (JNOV) or, in the alternative, for a new trial. The district court denied all post-trial motions.
DMI moved for judgment of validity and literal infringement of claim 1 notwithstanding the jury's contrary verdicts. It now appeals from the judgment entered on the verdict, thus presenting for review the denial of its motion for JNOV and the denial of its motion for a new trial.
(1) Whether the district court erred in denying DMI's motion for JNOV on validity. 1
(2) Whether the district court abused its discretion in denying DMI's motion for a new trial.
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