TORO CO. v. DEERE & CO.

Nos. 03-1160, 03-1161.

355 F.3d 1313 (2004)

The TORO COMPANY, Plaintiff-Cross Appellant, v. DEERE & COMPANY, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied February 13, 2004.


Attorney(s) appearing for the Case

Earl D. Reiland, Merchant & Gould P.C., of Minneapolis, MN, argued for plaintiff-cross appellant. With him on the brief were Alan W. Kowalchyk and Anthony R. Zeuli.

Keith V. Rockey, Wallenstein Wagner & Rockey, Ltd., of Chicago, IL, argued for defendant-appellant. With him on the brief were Thomas C. Elliott, Jr. and Kathleen A. Lyons. Of counsel on the brief were Charles T. Graham and Michael W. Mihm, Deere & Company, of Moline, IL. Also of counsel on the brief was Michael R. Cunningham, Gray, Plant, Mooty, Mooty & Bennett, of Minneapolis, MN.

Before MICHEL, LOURIE, and LINN, Circuit Judges.


Rehearing and Rehearing En Banc Denied February 13, 2004.

MICHEL, Circuit Judge.

Toro Co. brought suit against Deere & Co., alleging infringement by Deere's RZI 700 machine of three Toro patents: U.S. Patent Nos. 5,119,744 ("'744 patent"), 5,101,745 ("'745 patent"), and 5,207,168 ("'168 patent"). The three patents, which share a common written description, are directed at technology for lifting and fracturing soil to decrease subsurface soil density and...

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