Judge Connolly Dismisses Some of Plaintiff’s Claims for Enhanced Damages Based on Willful Infringement

By Memorandum Opinion entered by The Honorable Colm F. Connolly in Deere & Company v AGCO Corp. et al., Civil Action No. 18-827-CFC (D.Del. February 19, 2019), the Court granted in part and denied in part the identical motions of defendants AGCO Corporation and Precision Planting LLC to dismiss Plaintiff Deere & Company’s claims for enhanced damages based on willful infringement for failure to state a claim upon which relief could be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). Deere alleged that it was entitled to enhanced damages under Section 284 of the Patent Act because (1) Defendants engaged in post-suit willful infringement of the eight patents asserted in Counts 4 and 7-12 of the amended complaints; (2) Defendants engaged in willful infringement of the four patents asserted in Counts 1, 2, 5 and 6 of the amended complaints after Deere sent Precision Planting a letter on August 11, 2017; and (3) Defendants engaged in willful infringement of…

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